A statute of limitations is the time frame legally allowed for you to file a lawsuit and have your case heard in the civil court system. Typically, this statute of limitations starts from the day of the accident. If you miss filing a lawsuit within that deadline, your case may get thrown out and your chance at compensation for your injuries will be forfeit. We understand how these laws apply to personal injuries, including slips and falls, and help our clients to file their lawsuits promptly.
According to The Florida Senate website, if you sustain injuries during a slip and fall, you have four years after the incident to file a lawsuit against the property owner. This also applies to any personal property damaged as a result of your accident. You will need to prove that the property owner was negligent in some way that led to your accident. You must show that the owner owed you a duty of care in some way and breached that duty of care by his or her actions, or inaction.
Florida operates under the “pure comparative negligence rule.” This means that even if the property owner is at fault, you may still have a legal share of the blame for your accident. For example, the property owner might claim that you weren’t paying attention and therefore contributed to the slip and fall yourself. Under the comparative negligence rule, your compensation amount will decrease by the percentage at which you were at fault. More information about this topic is available on our webpage about slip and fall accidents.