Learning the Value of Your Slip and Fall Case in Florida
Did you know that the average payout for a slip and fall case in Florida is between $10,000 and $50,000? Even cases that resulted in minor injuries can be worth this much and are relatively common. However, the more injuries you sustain and the severity of those injuries can make these amounts go much higher.
Slip and Fall Settlement Amounts
Since there is such a huge variation in slip and fall cases and their compensation, there needs to be specific details relating to how the fall occurred, the severity of the injuries, and how much medical treatment is needed. There are other variables to consider, but these are the primary ones.
Who Gets Paid Out of These Settlements?
Another little known fact is that past and future medical treatment is considered part of the recovery process. Also, if someone else paid for these costs through their health insurance or credit, they must be reimbursed out of the compensation you receive for your claim.
However, to recover any compensation at all, you need to have a medical diagnosis and treatment to prove your injuries.
The Insurance Coverage and Wealth of the Business
Another factor determining the value of a slip and fall case is how much money or insurance coverage the business has. For example, if it is a smaller business, you may be offered a much lower settlement because it is what they can afford.
However, if you were injured at a bigger business, they often have more in the way of money and insurance coverage which could boost the value of your settlement.
What Needs to Be Proven
Some things must be proven in any slip and fall case, and documentation must be submitted to win your case.
When filing your claim, you must:
• Prove that you slipped on a substance and fell
• The fall happened on someone else's property
• The substance you slipped on created dangerous conditions
• The owner of the property had prior knowledge of the dangerous conditions and failed to fix it or attempt to fix it
When documenting the dangerous conditions that resulted in the slip and fall, you need to prove that the property owner was aware or should have been aware, and the conditions existed long enough for the owner to be aware.
You can also try to prove that the property owner knew about the dangerous conditions and had a reasonable amount of time to fix it but failed to do so.
Slip and Fall Laws in Florida
The written laws in Florida regarding slip and fall cases are not complete because it is almost impossible to cover every situation that can arise. For this reason, common law is kept in mind when evaluating all slip and fall cases.
Common law is created by judges as the issues arise in a case in real-time. It adds details for what kind of damages you may recover, for example, and explains statutory law in detail.
Statute of Limitations
The statute of limitations for a slip and fall case in Florida is four years. This means that the victim of the slip and fall has four years from the incident date to file a claim in court for compensation.
So, when it comes down to it, determining the value of a slip and fall claim depends on the defendant's wealth or insurance company and the degree of injury experienced by the plaintiff. Don't hesitate to contact an experienced Florida personal injury attorney to help you navigate the claims process.