All personal injury cases in Florida have deadlines called statutes of limitations. You need to know what the statute of limitations for premises liability cases is to avoid jeopardizing your right to compensation.
Our Florida premises liability lawyers will help you manage all applicable deadlines.
What Is the Statute of Limitations on Premises Liability in Florida?
The statute of limitations for a premises liability case in Florida is only two years, per Florida Statute Ā§ 95.11. This may be confusing for some as the statute of limitations had been four years for some time, before the passing of HB 837.
The statute of limitations is the same for both personal injury and wrongful death lawsuits.
Are There Any Other Related Deadlines in Premises Liability Cases?
Yes. If you want to sue a municipality for a premises liability accident, there are different statutes of limitations that apply. Florida law requires all plaintiffs to give the municipality a ānotice of claimā within three years of the injury (two years if the premises liability accident was fatal). Once you give the entity a ānotice of claim,ā you must then wait 180 days for an āinvestigation period.ā Once that period is over, you can file a claim against the municipality.
What Happens If the Statute of Limitations Expires in My Case?
A statute of limitations is a limit on how long an injured person has to file a personal injury lawsuit against the party responsible for their accident and injury. If you fail to file your lawsuit before this time limit expires, the court will likely reject your case.
You can still negotiate for a fair settlement for your personal injury claim, but you wonāt be able to use the threat of a lawsuit for leverage. In this case, you will likely need to accept whatever the insurance company offers. Chances are, this will be much less than you deserve.
This is why it is so important to act quickly and get in touch with a personal injury lawyer as soon as possible.
Why You Should Act Quickly After a Premises Liability Accident
Itās important to act quickly after a slip and fall or other premises liability incident for several reasons. As we stated, the most important is, of course, to ensure you abide by the statute of limitations and protect your right to compensation.
However, there are other reasons why you want to get started sooner rather than later:
- Building a strong case takes time: You donāt want to start building your lawsuit case weeks before the deadline.
- Evidence can disappear: Evidence can disappear, especially in premises liability cases, within days. You want to get started as soon as possible to ensure you recover any surveillance footage or eyewitness testimony.
- You take the burden off your shoulders: If you decide to work with an attorney, the sooner you call them, the sooner they take the burden off your shoulders. This will allow you to focus on your recovery instead of learning premises liability law and building a case against the property owner.
What You Can Recover in a Premises Liability Claim
What you can recover in a premises liability lawsuit depends on the specifics of your case and the type of accident. Weāll break down some potential damages by a few different accidents:
Dog Bites
If a dog bit you, you could be entitled to:
- Medical bills, such as emergency treatment, rabies treatment, infection treatment, wound cleansing, cosmetic or reconstructive surgery, prescription medications, and counseling costs
- Lost wages
- Lost earning capacity
- Miscellaneous expenses
- Pain and suffering and other related non-economic damages
Slips and Falls
If you are injured in a slip and fall, you could recover compensation for:
- Medical bills, such as spinal cord injury treatment, traumatic brain injury treatment, treatment for broken bones, prescription medications, and physical therapy
- Lost wages
- Lost earning capacity
- Pain and suffering, inconvenience, and other non-economic damages
Swimming Pool Accidents
If you or a loved one was injured in a near drowning or other swimming pool accident, the following may be recoverable:
- Medical bills, such as emergency treatment, surgery, prescription medications, and assistive devices
- Lost wages
- Lost earning capacity
- Non-economic damages, such as lost quality of life and pain and suffering
Negligent Security
If you were attacked due to negligent security, you could obtain:
- Medical bills, such as emergency transportation, emergency treatment, surgery, and ongoing care
- Lost wages
- Lost earning capacity
- Miscellaneous expenses related to your negligent security attack
- Non-economic damages
We can also help you recover compensation and seek justice if you lost a loved one in an accident on another personās property. Once we have investigated your case, we can help you determine what you may be able to recover through a wrongful death claim.
What Our Premises Liability Lawyers Can Do for You
When you enlist our help, we handle every aspect of your case from start to finish. We:
- Gather evidence
- Interview eyewitnesses
- Manage the statute of limitations in your Florida premises liability case
- Handle communications with the insurance company and any other involved parties
- Negotiate with the insurance company for a fair settlement
- Prepare your case for court
- Represent you in court, if necessary
Who Might Be Liable for a Premises Liability Accident?
Who might be liable depends on the specifics of your accident. For example:
- A dog owner is typically going to be liable for a dog bite. A property owner or property manager, such as an apartment complex, can also share liability if their failure to keep the property safe led to the attack.
- A property owner will typically be liable if their failure to remedy or warn of a dangerous condition on the property led to a slip and fall or swimming pool accident. A property owner can also be liable if their failure to ensure a safe environment allowed an attack to happen.
- A security company can be liable in an attack that occurred due to negligent security.
How Long After a Slip and Fall Can You Sue in Florida?
Fla. Stat. Ā§ 95.11 sets the statute of limitations for injury lawsuits at two years from the date of the accident. It is essential to meet this deadline and file the initial complaint in the correct jurisdiction before time expires. Missing this deadline will likely jeopardize your ability to take your case to trial and make it difficult to negotiate a fair settlement, too.
The right to sue and take the case to trial provides significant leverage to help you negotiate a fair settlement agreement with the defendant. If you lose the right to take them to court, it could make it more difficult to get fair compensation through negotiations, too.
This same statute of limitations applies when the victim dies from their injuries. If you lost a loved one to Florida slip and fall injuries, aĀ wrongful death lawyer will ensure you meet the deadline, understand your rights, and pursue fair compensation for your family.
Why Is Acting Early Important to a Slip and Fall Case?
Even though Florida gives you up to two years to file a premises liability lawsuit, it is not a good idea to wait to begin your insurance claim or lawsuit against the property owner or another liable party. You want to identify the potential defendants early and begin building your case as quickly as possible after your accident.
Calling an attorney within a few days or weeks of your accident could allow you to build a stronger, more compelling case. At the same time, it means you have a knowledgeable, experienced team protecting your rights early on.
Taking steps to support your legal case as soon as your injuries allow could ensure your lawyer identifies and preserves key evidence, such as video of the fall or eyewitnesses who can verify the hazard that caused your injuries. This evidence may not be available later.
How Do Slip and Fall Cases Work in Florida?
Florida slip and fall cases, like other fall injury cases, generally rely on negligence. The property owner or occupierāgenerally a lesseeāhas a duty to protect guests and other visitors. This includes both their buildings and the premises, such as parking lots.
To win compensation in a slip and fall case, you will need strong evidence to show the accused party breached their duty of care by allowing a hazard to exist and, despite being aware of the hazard, took no action to protect visitors from it. Then, you will need to show that this hazard caused your fall and injuries. You must also establish damages, such as medical bills, lost wages, and pain and suffering.
With evidence of negligence, you can generally hold the property owner or occupier accountable, demand fair compensation, or ask for a verdict in court.
How Will a Lawyer Build a Compelling Fall Injury Case?
When you work with a Florida personal injury lawyer from our firm to build a slip and fall claim, they will handle your case from start to finish. They know how to show negligence occurred and what is required to compel the insurance carrier or jury to approve a fair payout. The investigation could require numerous steps, including:
- Identifying and interviewing eyewitnesses
- Obtaining any available video or photos that document the dangerous condition and fall
- Requesting official documents, such as relevant medical records
- Seeking reports of any similar incidents on the property
- Identifying the liable party or parties and reviewing their insurance policies
- Calling in experts to support other findings as needed
- Documenting the damages you incurred
Once they have evidence to tell the story of what happened and why you deserve a fair payout based on your expenses and losses, it is time to put the case strategy to work and seek fair compensation based on your damages.
How Will a Slip and Fall Attorney Help Me With My Injury Case?
It is often difficult for injured victims to oversee their own insurance claims while recovering from injuries or returning to previous activities. Seeking and securing maximum compensation in these cases requires skill, experience, knowledge of similar cases, and several resources most individuals lack.
Law firms have experience managing these cases, as well as the time and money to devote to developing a strong case. They also have access to specialists and experts who can provide additional support in some cases. Many firms have a vast network they call on as needed. These medical experts and accident reconstruction specialists are often out of the reach of victims handling their own insurance claims.
Abide By the Statute of Limitations for Your Florida Premises Liability Case Today
You donāt want to overstep the statute of limitations and risk jeopardizing your right to compensation. Get started today with a free consultation with the Meldon Law team. You pay nothing upfront for our personal injury attorneys’ help.
