How Long Do I Have to File a Slip and Fall Lawsuit

Slip and Fall accidents can put you in the hospital for a long time, and sometimes clients wonder, “Should I file immediately or wait for some time?” However, there are limits on how long you have to file a lawsuit after a slip and fall accident. This deadline is called the statute of limitations in Florida; it is within 2 years. 

So what are the causes and exceptions to consider? An experienced Injury Assistance Law Firm slip and fall accident attorney will ensure your claim is filed on time, giving you the best opportunity to pursue the compensation and justice you deserve. Talk to us before your time runs out. 

What is the Statute of Limitations? 

The statute of Limitations is the law that imposes the deadline for filing a lawsuit. In the USA, the timeframe varies by state. Florida Statute § 95.11 sets a 2-year deadline from the date of the accident. Unless you meet an exception in the law or recognized by the courts, you cannot collect compensation if you miss the statute of limitations. 

What are the Exceptions to the 2 Year Statute of Limitations? 

Under certain circumstances, there can be exceptions to the 2-year deadline in slip and fall accidents. Exceptions to Florida Statute of Limitations include the following: 

• When minors are involved in slip-and-fall accidents, the statute of limitations does not start until their 18th birthday. 
• If the victim is incapacitated, the statute of limitations starts when the incapacitation ends, but is limited only upto 7 years from the date of the accident. 
• If the defendant has left Florida, is in hiding, or is using a false name to avoid the lawsuit, the statute of limitations starts running when they are identified and can be notified of their liability. 

Most slip-and-fall accident victims may feel they have plenty of time left, but the opposite is true. Even if there are exceptions to a case, there’s no guarantee that a judge will agree. Partnering with an experienced slip and fall attorney in Orlando can help you build a strong case within statutory limits and argue for maximum compensation. 

Statute of Limitations for Florida Slip and Fall on Government Property 

If your slip and fall accident occurs on government property, the statute of limitations is 3 (three) years. It differs from other cases because state, city, and local governments often have immunity from personal injury claims. However, many Government entities waive their immunity for limited liability claims. Unlike other personal injury claims, this process is difficult, but skilled accident attorneys can crack it. 

Florida Wrongful Death Statute of Limitations for Slip and Fall Cases 

If your loved one died due to a slip and fall accident in Florida, the statute of limitations is 2 years to file a lawsuit. Spouses, children, and parents can sue for wrongful death in Florida. In some cases, the deceased estate can also file a claim. 

For wrongful death cases, our Florida wrongful death attorneys can help you with the legal process. With detailed legal assistance, we can help you seek rightful justice and maximize your compensation. 

Why is acting early important in a slip-and-fall case? 

Florida gives you a 2-year timeframe to file, but delaying your lawsuit can affect your case’s structure. If you delay further, critical or perishable evidence can be damaged, and by the time you need to present it, it might not be in a condition to be recovered or might be dismissed. 

Securing witness statements and documentation can also reduce your chances of securing your slip-and-fall claim if you file it late. Calling a slip and fall accident attorney in Orlando within a few days or weeks of your accident can help you build a stronger, more compelling case. 

What type of evidence is needed for a slip-and-fall accident? 

Critical evidence needs to be collected early to meet the statute of limitations. Here’s what is considered evidence: 

• Images and videos of the area where the slip-and-fall occurred and where the victim was injured. 
• Medical records and testimonies of doctors related to your slip and fall injuries. 
• Witness statements about your fall or hazard. 
• Evidence of prior slip-and-fall or other accident incidents on the property. 
• Documents of lost wages and proof of other expenses and losses stemming from your injury. 

If a slip-and-fall occurs on a property, the property owner is aware of their fault; they can erase CCTV footage or tell employees not to cooperate with investigators. To overcome this challenge, our slip and fall accident lawyers will work closely with premises liability attorneys in Florida to navigate the complexities of a case. 

How long does it take to resolve a slip-and-fall accident?

Every slip and fall case is unique, and a settlement can take a few months to more than a year. Particular circumstances, the quality of the evidence, the willingness of the other parties, and your attorney’s skill can determine when your case will be resolved. 

Many parties may try to manipulate and pressure you into accepting quick settlements. They may also negotiate in bad faith, hoping you just want it all to be over. We suggest that you consult an experienced slip and fall attorney before making a decision. 

What is the Average Payout for a Slip and Fall accident in Florida? 

The average slip and fall settlement payout in Florida ranges from $75,000 to $175,000. Individual payout amounts vary as per injury severity, comparative fault, and venue.  

Our Personal Injury Calculator can provide an estimate of the compensation you may receive in a slip and fall case. Enter your case details in our Personal Injury Claim Calculator in Orlando to learn what you may receive and plan for your immediate financial needs. 

Talk to Our Team for Slip and Fall Accident Settlement 

Hiring a slip and fall attorney immediately after your accident is essential so you don’t have to worry about missing the deadline. Our experienced attorneys understand the law and have been assisting accident victims with the legal help they need. 

Call Injury Assistance Law Firm at: +1 (321) 234-2900 or connect with us for a free case review. We handle cases on a contingency fee basis, and clients only pay when we win your case. 

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