While a slip and fall case may seem open and shut, this is not always what ends up taking place [http://goo.gl/zvBDTE]. A vast number of personal injury cases nationwide are of the slip and fall variety and it is time for Florida residents to learn more.
Contacting a slip and fall accident attorney in Florida is typically in your best interests but there are other tips and pointers that you need to know. A slip and fall case does not always turn into a slam dunk personal injury case. There are other factors to be considered.
What To Know Before Calling a Slip & Fall Accident Attorney In Florida
1. Comparative Negligence May Be Brought Up
The victim may believe that they are entitled to damages because of their slip and fall. On the other hand, the defendant may try to bring up comparative negligence. In other words: did the injury party do anything to exaggerate the damages? Can they be blamed for the fall in any way? Let’s say that you could have potentially avoided the slip and fall somehow. If this can be proven in court, it is potentially damaging to your case.
2. Statute of Limitations
The statute of limitations is not going to allow a Florida resident to file suit whenever they get around to it. Once the injury occurs, the injured party only has four years to file a lawsuit. Even if the injuries are serious in nature and persist over the long term, the statute of limitations is not going to be waived. This is considered to be a decent amount of time, when compared to other states with a shorter statute of limitations.
3. Property Manager’s Level of Knowledge
One of the most crucial elements of these cases will hinge on the level of awareness that the property manager had. If it can be proven that they were well aware of the conditions and did not do anything to fix them, this is advantageous to the case. It must be proven that the property manager was well aware of what was taking place and actively refused to do something about it. Constructive knowledge has to be demonstrated in order for a client to experience a positive outcome.
4. Someone Else’s Negligence Has To Be Proven
If the slip and fall takes place because of circumstances that can be linked to the injured party, this is very damaging to the case. This is one of the most pivotal aspects of a case review. On the other hand, a client should never just assume that they are to blame for their own slip and fall. This is where the guidance of an attorney comes in handy. They will guide you through the process and let you know what to reasonably expect.