When you go to court for a slip and fall case, you and your slip and fall lawyer will present evidence to prove the property owner’s negligence. The court will review this evidence, and your lawyer will argue for fair compensation. The property owner’s defense and the insurance company’s stance will also be considered, and the judge or jury will ultimately decide the outcome based on the presented facts and legal arguments.
These types of cases are often complex, and you should seek legal advice from a reputable law firm such as The Law Place. We have over 75 years of combined experience seeking justice for our clients.
Depending on a variety of factors, your slip and fall claim could take months or even years. Your case will go through several distinct stages, and your personal injury attorneys will be by your side every step of the way. Here we will lay out the timeline most slip and fall cases follow.
Contact us now at (941) 444-4444, and we will fight your slip and fall case together. At The Law Place, the attorney-client relationship is at the heart of everything we do, and we will make sure that you receive the best legal advice and support. Call us now for a free consultation.
Free Consultation
The first step in your slip and fall case is to seek advice from a personal injury lawyer. When you contact The Law Place, we will discuss the details of your case, offer some free legal advice, and determine whether we believe you have a claim. If you do, then we will invite you to a free consultation. At which point, you can ask any questions that you may have.
We will discuss your case at length and give you a detailed breakdown of our fees, which are monitored by the State Bar Association. We only charge if we win your case, so there will be no risk to you, and there are no hidden costs.
At this point, you can walk away, or you can agree to representation. At which point we will get right to work, gathering evidence and building the details of your slip and fall claim. Most slip and fall cases will settle outside of court. However, if your case does go to trial, then we will be ready to fight for you to get the compensation you deserve.
The Complaint/Summons in Slip and Fall Cases
The first thing your personal injury lawyer will need to do is to prepare a summons that details the nature of your claim. The complaint will detail:
- Who is involved.
- A description of how the accident occurred.
- Who is allegedly responsible.
- What you want the responsible party to pay for their negligence.
Your complaint must be filed to the court, where you will bring your lawsuit, along with your summons. The defendant will then need to respond to your complaint within a set period, usually 20 days.
We’re here to serve you. Our phones are open 24 hours a day.
The Defendant’s Answer in a Slip and Fall Case
The defendant will then need to provide an answer to your complaint. The answer is usually very brief and is only required to admit or deny the allegations laid out in your complaint. Or to state that the defendant does not have sufficient information to admit or deny an allegation.
The answer usually sets forth ‘affirmative defenses’, which are legal doctrines that the defendant must prove to reduce their liability or absolve it.
The answer may come in the initial 20 days of the complaint. However, the defendant may ask for an additional 20 days in exchange for a waiver of certain legal defenses.
We’re Florida’s top litigation team with over 75 years of combined experience
The Discovery Phase of Slip and Fall Cases
Slip and fall accidents often involve a lot of different factors, and cases can quickly become complex. During the discovery phases, each party will spend time learning as much as possible about what occurred and why, which involves interrogatories and requests for production. Interrogatories are questions you will need to answer in writing and under oath. Requests for production are requests to produce documents or things related to the claim.
This process can take just a few months or years, depending on the duration of your medical treatment, the complexity of the case, and the schedule of the court.
Pre-Trial Motions
Leading up to the trial, during the discovery phases, parties can file motions with the court in an attempt to resolve issues.
Common pre-trial motions include:
- Motion for Summary Judgment – If granted, this is a powerful motion. Any party can file a motion for summary judgment if they believe that there is no supporting evidence for the other party’s claims. If granted, the case will be over.
- Motion to Dismiss – A defendant can file this motion if they believe that the lawsuit fails because of a legal technicality. If this occurs, it usually happens early on in the case.
- Motion to Compel – Either party may file this motion to ask the court to order another party to take any action that they would not do otherwise. Typically, it involves producing documents they are unwilling to produce or show up for a deposition they are reluctant to give.
- Motion in Limine – This is a request to keep certain evidence out of the trial because it is too prejudicial. For example, to keep the jury from hearing that the defendant has liability insurance that will cover compensation. This information may be too prejudicial because it could sway the jury’s decision regardless of the facts.
From the initial call to updates on your case status, we are here to get you answers.
Mediation/Mandatory Settlement Conference
Following a slip and fall accident, the lawsuit will often not go to trial. Trials are lengthy and costly processes, and often, the property owner will be better off if they offer a settlement.
Slip and fall accidents can be resolved through mediation and settlement conferences. Mediation is often done with a private mediator, while the court can order a settlement conference, and it will be conducted by your judge.
Typically, this occurs at the end of the discovery phases. If there is little dispute over liability, then it may simply come down to how much your case is worth.
Even if your slip and fall accident does not go to court, it is still worth seeking help from a personal injury lawyer as they will be able to guide you through the process. They will protect you, ensure that you are not taken advantage of, and make sure you do not settle for less than what you deserve. Things such as pain and suffering can be difficult to quantify, but you have the right to be compensated for the impact these things have on your life.
If a Slip and Fall Lawsuit Goes to Trial
If your slip and fall accident does go to trial, then it will occur after the discovery is closed. Your case will be set on a “trial docket” with the court; the court then hears cases in order. You will be given a trial date, but this could change.
Depending on the details of your case and what judge is overseeing it, your trial could take two to five days.
If you are successful at trial, then you will need to collect your check on your judgment. The property owner or defendant will usually have 30 to 60 days to pay a judgment. If they fail to pay, then you may need to take extra measures to secure your settlement.
Damages for a Slip and Fall Accident and How an Attorney Will Help Ensure You Receive a Fair Amount
Damages in a slip and fall accident can be extensive, covering a wide range of physical, emotional, and financial impacts. These damages typically include medical expenses, lost wages, pain and suffering, and other related costs. Here’s a closer look at the types of damages you may be entitled to and how a slip and fall lawyer can help ensure you receive a fair amount:
Types of Damages
- Medical Bills – These include costs for emergency room visits, hospital stays, surgeries, physical therapy, medications, and any future medical care required due to the fall injuries.
- Lost Wages – If your injuries prevent you from working, you can claim compensation for the income lost during your recovery period. This also includes any potential future earnings if your ability to work is permanently affected.
- Pain and Suffering – This refers to the physical pain and emotional distress caused by the slip and fall incident. It covers the impact on your quality of life, including chronic pain, anxiety, depression, and loss of enjoyment of activities.
- Other Costs – These can include transportation to medical appointments, home modifications if the injuries result in a disability, and any other expenses directly related to the accident.
How an Attorney Can Help
- Evidence Collection – An attorney will gather and organize all necessary evidence to support your claim. This includes obtaining medical records, documenting the accident scene, collecting witness statements, and proving the property owner’s negligence.
- Calculating Damages – Determining the full extent of your damages requires a comprehensive understanding of both current and future costs. A slip and fall lawyer will accurately calculate your medical expenses, lost wages, and other damages to ensure you seek an appropriate amount of compensation.
- Negotiating with Insurance Companies – Insurance companies often aim to minimize payouts. Your attorney will negotiate on your behalf to ensure you receive a fair settlement. They have the experience to counter lowball offers and can present a strong case to back up your claims.
- Litigation Support – If a fair settlement cannot be reached, your attorney will be prepared to take your case to court. They will represent you in all legal proceedings, presenting evidence and arguments to advocate for the compensation you deserve.
- Expert Testimony – In some cases, expert testimony may be required to establish the extent of your injuries and the negligence of the property owner. Your lawyer can arrange for medical experts, economists, and other professionals to testify on your behalf.
- Legal Guidance – Throughout the entire process, your attorney will provide you with clear and informed guidance. They will explain your rights, the legal process, and the best strategies to maximize your compensation.
By working with a skilled slip and fall lawyer, you can ensure that all aspects of your case are thoroughly addressed and that you receive the fair amount of compensation you are entitled to for your injuries and losses. Contact an attorney today to discuss your case and take the first step toward securing your financial recovery.
What Happens When You Go to Court for a Slip and Fall Case? FAQ
What should I expect when I go to court for a slip and fall case?
When you go to court for a slip and fall case, you can expect to present evidence supporting your claim, including medical records, witness statements, and any documentation of the dangerous condition that caused the fall. Your slip and fall lawyer will help guide you through the legal process and advocate for your right to fair compensation.
How do I prove the property owner’s negligence?
To prove the property owner’s negligence, you must show that the property owner failed to maintain a safe environment. This includes demonstrating that the property owner knew or should have known about the dangerous condition and did not take appropriate steps to fix it, which led to your fall injuries.
What types of compensation can I seek in a slip and fall case?
In a slip and fall case, you can seek compensation for medical expenses, lost wages, pain and suffering, and any other costs related to your fall injuries. This can also include future medical appointments and treatment for ongoing issues resulting from the fall.
How important are medical records in a slip and fall case?
Medical records are crucial in a slip and fall case as they provide documented proof of your injuries and the treatment required. These records help establish the link between the slip and fall incident and your injuries, making it easier to claim compensation from the insurance company or in civil court.
What role does a slip and fall lawyer play in the legal process?
A slip and fall lawyer will represent you throughout the legal process, from filing the initial claim to negotiating with the insurance company and presenting your case in court. They will gather evidence, interview witnesses, and ensure that your rights are protected.
What happens if the insurance company denies my claim?
If the insurance company denies your claim, your slip and fall lawyer can help you file a lawsuit in civil court. They will work to prove the property owner’s negligence and seek compensation for your injuries and related expenses.
How long do I have to file a slip and fall claim in Florida?
The statute of limitations for personal injury cases in Florida typically gives you two years from the date the fall occurred to file a slip and fall claim. However, it’s essential to consult with a lawyer as soon as possible to ensure all deadlines are met and to preserve vital evidence.
Can I still file a claim if I was partially at fault for the slip and fall?
Yes, you can still file a claim even if you were partially at fault for the slip and fall. Florida follows a comparative negligence rule, meaning your compensation may be reduced by the percentage of fault attributed to you. Your lawyer will help navigate this aspect of your case.
What types of injuries are common in slip and fall cases?
Common injuries in slip and fall cases include fractures, sprains, traumatic brain injuries, and back injuries. These injuries can result in significant medical expenses and long-term impacts on your health and well-being.
What should I do immediately after a slip and fall incident on someone else’s property?
Immediately after a slip and fall incident on someone else’s property, seek medical attention and follow your doctor’s advice. Document the scene, gather contact information from witnesses, and report the incident to the property owner. These steps will help support your claim and provide essential evidence.
How can I demonstrate that the fall occurred due to a dangerous condition?
To demonstrate that the fall occurred due to a dangerous condition, take photographs of the scene, collect witness statements, and gather any other evidence that shows the property owner’s negligence. Your lawyer can help you compile and present this evidence effectively.
How does a slip and fall case differ from a car accident case?
While both types of cases involve personal injury claims, a slip and fall case focuses on premises liability and the property owner’s negligence, whereas a car accident case typically involves proving negligence or fault of another driver. The legal process and evidence required may also differ.
What if the fall occurred on government property?
If the fall occurred on government property, there are specific procedures and shorter deadlines for filing a claim. It’s crucial to consult with a lawyer experienced in handling claims against government entities to navigate these complexities.
What can I do to strengthen my slip and fall claim?
To strengthen your slip and fall claim, keep detailed records of your medical appointments and expenses, follow your doctor’s advice, and avoid making statements to the insurance company without consulting your lawyer. Collecting strong evidence and documentation will support your case for fair compensation.
How can I find more information about Florida slip and fall cases?
For more information about Florida slip and fall cases, you can consult with a slip and fall lawyer or visit reputable legal resources and websites. Many law firms, including ours, offer free consultations to discuss your case and provide guidance on your legal options.
Contact The Law Place Today
Contact us now at (941) 444-4444, and we will guide you through the process of your slip and fall claim. We offer a free consultation so that you can have all of the information you need before you make a decision. The sooner you seek advice, the better, as your attorney will be better able to gather evidence and prove negligence.
Our phone lines are open 24/7, so call now.
