personal injury rehab wheelchair slip and fall trip and fall automotive truck accident

Case Details


A slip or a trip and fall is a type of accident that occurs when someone slips, trips, or falls on a surface, typically on a floor or other walking surface. Slip and fall accidents can happen in various places, such as in a grocery store, a restaurant, a workplace, a parking lot, or even in someone’s home.

These accidents can occur due to various reasons, such as wet or slippery surfaces, uneven flooring or surfaces, cluttered walkways, poor lighting, or the failure to warn people about a hazard.

Slip and fall accidents can result in injuries ranging from minor cuts and bruises to severe head injuries or broken bones. In some cases, slip and fall accidents can also result in long-term disabilities and even fatalities.


The Challenge

Proving a slip and fall case in Florida can be challenging for several reasons:

  1. Comparative Negligence Law: Traditionally, Florida has been a pure comparative negligence state, which means that the court considered the percentage of fault of both parties involved in the accident. If the injured person was found to be partially responsible for the accident, their compensation could be reduced by their percentage of fault. This meant that the injured person had to prove that the property owner’s negligence was the primary cause of the accident. As of March 24, 2023, Florida became a modified comparative negligence state. This means that an injured person must now prove that the at-fault party is more than 50 percent responsible for the accident in order to make any recovery at all.
  2. Notice Requirement: In Florida, the injured person must prove that the property owner had actual or constructive notice of the dangerous condition that caused the accident. This means that the property owner knew or should have known about the dangerous condition and failed to take appropriate steps to fix it or warn people about it.
  3. Causation: The injured person must also prove that the dangerous condition caused their injuries. This can be challenging if the injured person had a pre-existing condition or if there is evidence of contributory negligence on their part.
  4. Evidence Preservation: It’s crucial to preserve evidence in a slip and fall case in Florida. The injured person should take photographs of the accident scene, seek medical attention immediately, and report the accident to the property owner or manager.
  5. Statute of Limitations: Florida traditionally has had a statute of limitations of four years for personal injury cases. This means that the injured person must file their lawsuit within four years of the accident, or they may lose their right to compensation.  As of March 24, 2023, that time period was reduced to two years for general negligence cases.

Overall, proving a slip and fall case in Florida requires a thorough understanding of the state’s laws and a strong legal strategy. It’s important to work with an experienced personal injury attorney who can help navigate these challenges and advocate for fair compensation on behalf of the injured person.


Why You Need an Attorney

There are several reasons why you should consider hiring a personal injury attorney if you have been injured in an accident:
  1. Legal expertise: Personal injury attorneys have specialized knowledge and experience in the area of personal injury law. They understand the legal system and can help navigate complex legal procedures, ensuring that your case is handled properly and maximizing your chances of receiving fair compensation.
  2. Objectivity: After an accident, emotions can run high, making it challenging to think clearly and make sound decisions. Personal injury attorneys can provide an objective perspective on your case, advising you on the best course of action and advocating on your behalf.
  3. Advocacy: Personal injury attorneys are advocates for their clients. They will fight to protect your rights and seek fair compensation for your injuries and other losses, including medical bills, lost wages, and pain and suffering.
  4. Resources: Personal injury attorneys have access to a network of experts, including medical professionals and accident reconstruction specialists, who can provide valuable insight and testimony to support your case.
  5. Contingency fee basis: Most personal injury attorneys, like us, work on a contingency fee basis, meaning they only get paid if you win your case. This can be particularly helpful if you are facing financial challenges due to your injuries and cannot afford to pay legal fees upfront.

Overall, hiring the right personal injury attorney can help ensure that your rights are protected, your case is handled properly, and you receive fair compensation for your injuries and losses.