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Is there a time limit to sue a property owner for a slip and fall in Florida?

June 17, 2021/0 Comments/in Uncategorized /by damg16

Miami, FL- Slip and fall accident victims are required to get their lawsuit filed within a specific period of time in Florida. This timeframe, commonly referred to as the statute of limitations, is currently set at four years.1 This means slip and fall accident victims generally must take legal action within four years from the date of their incident or when their injuries became known.

If a slip and fall accident victim attempts to file their personal injury lawsuit after the statute of limitations has expired, the property owner could potentially get the lawsuit dismissed and the victim would lose their right to compensation. 

Why should slip and fall accident victims seek legal help immediately after their incident?

If an individual slipped and fell on someone else’s property in Miami, FL, they are encouraged to contact a Miami personal injury lawyer immediately. There are several reasons why a slip and fall accident victim should schedule a consultation with a lawyer, some of which include:

  1. Evidence could go missing if the victim waits too long.

It isn’t uncommon for evidence to go missing in personal injury cases. For instance, if the incident was caught on a surveillance camera, the property owner could potentially destroy the footage so that it cannot be retrieved by the victim or their personal injury lawyer. When a property owner knows they could potentially lose their case, they might go to great lengths to protect themselves. 

Fortunately, if a slip and fall accident victim chooses to hire a personal injury attorney in Miami, FL, the lawyer can begin working on their case immediately which can help reduce the chances of pertinent evidence going missing.

  1. The property owner may try and blame the injuries on a pre-existing condition. 

When a slip and fall accident victim waits too long to contact an attorney for help, there is a chance the property owner could try and attribute their injuries to a condition they had prior to the accident or to another incident that occurred off the property owner’s premises.

  1. The statute of limitations may be shorter if the incident occurred on government property.

Although the State of Florida generally allows slip and fall accident victims four years to file their lawsuit, the time limit to sue is usually much shorter when it involves a government entity. It is for this reason that slip and fall accident victims should seek legal help as soon after their fall as possible.

The Miami Personal Injury Lawyers at Mario Trespalacios P.A. Are Here to Help After a Slip and Fall Accident

If an individual recently fell on someone else’s property in Miami, they can contact Mario Trespalacios P.A. to find out more about their legal rights, including whether or not their injuries entitle them to compensation. Mario Trespalacios P.A. offers free consultations and can be reached at 305-261-5800.

Mario Trespalacios P.A. can be contacted at:

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

Source:

  1. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html 
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