Should You File a Slip and Fall Claim? Here’s What You Need to Know

If you were injured in a slip and fall accident, should you file a claim? Injuries from slip and fall accidents can be incredibly expensive, so it is important to make an informed decision about asserting your legal rights. Slip and fall accident victims will be entitled to just compensation in many cases, and an experienced Florida personal injury lawyer can help you decide whether to take legal action.

7 Key Questions to Determine if You Have a Slip and Fall Claim in Florida

With this in mind, if you have any questions about your legal rights, you should not hesitate to speak with a lawyer. When you hire an experienced Florida personal injury lawyer to represent you, here are some of the key questions your lawyer will need to answer in order to assess your legal rights:

1. Where Did You Slip and Fall?

Generally speaking, to file a claim for a slip and fall, you must have been injured on someone else’s property. This could be public or private property, and the property could belong to an individual, business, or government agency. Some examples of locations where slips and falls can justify claims for financial compensation include:

• Retail stores, malls, and supermarkets
• Bars, nightclubs, and restaurants
• Hotels, motels, resorts, and rental properties
• Public spaces and government buildings
• Healthcare facilities and professional offices
• Sports and entertainment venues
• Amusement parks
• Marinas and docks
• Common areas in apartment and condo buildings
• Private residences

These truly are just examples. If you fell anywhere other than your own home, and if you were seriously injured in the fall, it will most likely be worth talking to a Florida personal injury lawyer about filing a premises liability claim.

2. Why Did You Slip and Fall?

The next key question is why you slipped and fell. To file a premises liability claim, you must be able to prove that the property owner was negligent in allowing your accident to occur. Negligence can take many different forms in slip and fall cases, including:

• Failing to clean up spills
• Failing to clean up other slip hazards
• Failing to warn of known slip and fall risks
• Failing to prevent access to dangerous areas
• Failing to make necessary repairs

These, too, are just examples. The more you know about why you slipped and fell, the easier it will be for your lawyer to provide a preliminary assessment of your legal rights. If you have photos or videos showing what caused you to fall, you will want to be sure to share these with your lawyer as well.

3. What Were You Doing When You Slipped and Fell?

It will also be important to know what you were doing when you slipped and fell. While you should not assume that you were partially at fault, this is a possibility that you need to consider—because it is a possibility that the property owner’s insurance company will almost certainly raise.

Why? Under a change to Florida’s personal injury laws that took effect in 2023, if you were partially at fault in your slip and fall accident, this can potentially reduce or eliminate the amount you are entitled to recover. If you were 50% or less at fault, the damages you are entitled to receive will be reduced based on your percentage of fault. If you were 51% at fault or more, you are not entitled to any financial compensation. An experienced Florida personal injury lawyer can help make sure the property owner’s insurance company does not improperly blame you for your own injuries.

4. When Did You Slip and Fall?

Your lawyer will need to know when you slipped and fell. Not only will this be important for investigating and proving your claim, but if you wait too long to take legal action, you can lose the right to seek the financial compensation you deserve.

5. Did You See a Doctor Promptly (and What was Your Diagnosis)?

Along with proving where, why, and when you slipped and fell, you also need to be able to prove that you suffered injuries in your fall. This requires medical documentation—and this makes it important to see a doctor as soon after your fall as possible.

When seeking medical attention, it is important to make sure you understand your diagnosis and what you need to do to get better. If you have questions about your diagnosis or treatment needs, you should not hesitate to ask them. Likewise, if you have concerns about your doctor’s recommendations, you should not hesitate to seek a second opinion. Ultimately, focusing on your recovery will be best for protecting your health and your legal rights.

6. Do Your Injuries Prevent You from Working?

If you have a slip and fall claim and your injuries prevent you from working, you are entitled to just compensation for your lost earnings. This includes all forms of income (i.e., wages, salary, tips, and independent contractor income) and benefits. You will want to keep documentation of your lost earnings as well, and you will need to work closely with your lawyer to ensure that you understand how much you stand to lose in the future.

7. How Else Do Your Injuries Negatively Impact Your Life?

From physical pain and permanent scarring to emotional trauma and loss of enjoyment of life, serious injuries from a slip and fall accident can negatively impact your life in many other ways as well. If you have grounds to file a claim for your slip and fall accident, these are all losses for which you may be entitled to just compensation.

Contact Us for a Free Consultation with a Florida Personal Injury Lawyer at Searcy Denney

Do you have questions about filing a claim after a slip and fall accident? If so, we invite you to get in touch. To schedule a free consultation with a Florida personal injury lawyer at Searcy Denney, call 800-780-8607 or tell us how we can help online today.