26 Oct 2015
Key Legal Aspects About Slip & Fall Cases
Posted By Darrigo & Diaz
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 for More Information
At Darrigo & Diaz, 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.