In some slip-and-fall cases, the injured individual may share a degree of liability for the accident. Even if you are ultimately determined to be partially responsible for the accident, you may still be entitled to recover compensation for your injuries in Florida.

Regardless of your responsibility for the accident, you must seek legal representation immediately if you’ve been injured in a slip-and-fall or trip-and-fall accident. There is a two-year statute of limitations in Florida on how long personal injury victims have to file a claim.

What is the Comparative Negligence Law in Florida?

In March 2023, Florida replaced its pure comparative negligence system with a new modified comparative negligence law. Pure comparative negligence laws state that if an individual is injured in an accident but is found to share some degree of liability, their compensation will be reduced by the percentage of fault assigned to them.

So, for example, if an injury victim is awarded a settlement of $100,000 but is found to be 25% at fault for the accident, the final amount of financial compensation they receive will total $75,000.

The new law in Florida now states that a plaintiff can only recover compensation in proportion to the defendant’s percentage of responsibility if the plaintiff’s own share of responsibility is 50 percent or less. If it’s 51 percent or more, the plaintiff is no longer allowed to recover compensation for their injuries.

Comparative negligence laws can be extremely complex and difficult to understand without the help of a knowledgeable attorney. Contact RTRLAW to find out more information.

What Types of Damages Can I Recover in a Premises Liability Claim?

If you’ve suffered injuries in a slip-and-fall accident, you may be entitled to recover economic and non-economic damages through a premises liability claim. Economic damages are awarded to reimburse victims for the out-of-pocket expenses they have paid due to being injured in accidents. They often include:

  • Past and future medical bills
  • Lost wages
  • Loss of earning capacity

Non-economic damages are granted to compensate the injury victim for intangible losses they have suffered, which may include:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Permanent disfigurement and scarring

As with any personal injury case, every settlement an individual may obtain is dependent on the unique facts and circumstances surrounding the case. Therefore, it’s in your best interests to consult with an experienced personal injury attorney who can determine what damages and compensation are appropriate for your case.

How Do You Prove a Premises Liability Claim

Property owners are responsible for correcting and preventing any hazards that could reasonably be considered dangerous or cause an individual to be injured. Additionally, if the property owner or management of an establishment created a condition they did not take steps to correct, they can be held liable for any slip-and-fall accidents that occur.

Occasionally, injury victims ignore wet floor signs or other warnings that deliberately contribute to their accidents. If this can be proven, the plaintiff may be assigned some degree of liability for the accident. Proving a premises liability claim can be difficult; however, a skilled slip-and-fall attorney in Florida, such as the attorneys at RTRLAW, can evaluate the evidence and build a strong case on your behalf.

Why Should I Hire an Attorney After a Slip-and-Fall Accident?

In many instances, the other party’s insurance company may contact you immediately after the accident to offer you a quick settlement. While their initial offer may seem tempting, it rarely takes into account an accident victim’s expenses, such as hospital bills and lost time at work.

For this reason, it’s in your best interests to never speak to the other party’s insurance provider without consulting an attorney who can advise you of your legal rights. Most personal injury cases are settled out of court through negotiation. RTRLAW’s premises liability lawyers are skilled negotiators and will stand up to the insurance company to obtain maximum compensation for your injuries.

For more information about filing a slip-and-fall injury claim or a free, no-obligation case review, please contact RTRLAW today or call us toll-free at 1-833-HIRE-RTR (1-833-447-3787).