If you have been injured in a
slip and fall accident and you are filing an insurance claim or lawsuit, you need to be familiar
with some of the laws that might affect your case – which includes
hiring an experienced personal injury attorney in Tampa that can guide
you through this legal process while protecting your rights. There are
two main aspects about slip and fall cases that you need to know: the
deadline to file a personal injury lawsuit, and the burden of proof for
these type of cases.
Deadlines for Filing an Injury Lawsuit in Florida
Under Florida’s statute of limitations for
personal injury cases, slip and fall cases included, you have four years from the date of the
accident to file a lawsuit in Florida’s civil courts. Hiring an
attorney is the first step of setting up your slip and fall claim, but
what the law considers as legal action before the statute runs out is
the actual filing of a lawsuit in the civil courts.
Therefore, it is crucial that you hire skillful and experienced attorneys
that will work on your case in an appropriate and timely manner. If you
don’t file your case within this time window, the court will very
likely refuse to hear it at all. The statute of limitations may vary if
the claim is against the city, county or state government, in which case
the time limit is three years.
Plaintiff Has the Burden of Proof in Negligence Cases
Slip and fall cases are based on a hazardous situation created by a negligent
action on behalf of a business or property owner resulting in someone
being injured. The injured individual becomes the plaintiff once he/she
decides to file suit against the business or property owner (the defendant).
However, it is up to the plaintiff’s attorney to present enough evidence
to establish that the cause for the slip and fall was, in fact, a negligent
action on behalf of the defendant. In other words, presenting your injuries
is only part of your case; the key element in a slip and fall lawsuit
is that your attorney has to demonstrate the cause of the fall as directly
related to a negligent action from the defendant.
Call Darrigo, Diaz & Jimenez for More Information
At Darrigo, Diaz & Jimenez, our attorneys have decades of experience
dealing with slip and fall cases, as well as other personal injury claims
resulting from car accidents, wrongful deaths,
premises liability, and dog bites. We will handle your case with absolute professionalism
and legal expertise. For a free evaluation of your claim,
call us at (813) 774-3341. We will be honored to represent you.