Can I file a claim if I fell in a parking lot?
Yes. Parking lot owners and operators have the same duty to maintain safe conditions. Potholes, cracked pavement, oil spills, inadequate lighting, and missing curb markers are all hazards that can give rise to a premises liability claim if the owner knew or should have known about the danger.
What if there was a ‘wet floor’ sign and I still fell?
A warning sign does not automatically absolve the property owner of liability. If the sign was placed in an area where it was not visible, or if the hazardous condition should have been corrected rather than simply marked with a sign, you may still have a valid claim. The question is whether the property owner […]
Does the property owner’s insurance cover my injuries?
Most commercial properties carry general liability insurance that covers slip and fall claims. Residential properties may be covered under homeowner’s insurance. The property owner’s insurer will likely investigate your claim and may attempt to deny it or offer a reduced settlement. Having legal representation ensures your claim is taken seriously.
What if I fell on government property in Stuart?
Claims against government entities in Florida follow different rules. You generally must file a written notice of claim within three years, and there are caps on damages. These cases also involve sovereign immunity protections that limit when and how the government can be sued. An attorney experienced in government liability claims can guide you through […]
How long do I have to file a slip and fall lawsuit in Florida?
Florida’s statute of limitations gives you two years from the date of the accident to file a premises liability lawsuit. If you miss this deadline, the court will almost certainly bar your claim regardless of how strong the evidence is.
Will my case go to trial?
The majority of personal injury cases settle before trial. However, having an attorney who is prepared and willing to go to trial gives you stronger negotiating leverage. Insurance companies know which firms take cases to court and which firms accept lowball offers.
Do I have to pay taxes on my personal injury settlement?
In most cases, compensation for physical injuries and medical expenses is not taxable under federal law. However, portions of a settlement allocated to punitive damages, lost wages, or emotional distress unrelated to a physical injury may be subject to taxation. Consult a tax professional for advice specific to your situation.
How long does it take to settle a personal injury case in Florida?
Most personal injury cases in Florida settle within six months to two years, though complex cases involving severe injuries, disputed liability, or multiple parties can take longer. Your attorney should not rush a settlement before you have reached maximum medical improvement, because settling too early risks leaving money on the table.
What is the average settlement for a personal injury case in Florida?
There is no meaningful “average” because every case is different. A minor fender bender with soft tissue injuries might settle for a few thousand dollars, while a catastrophic injury case can result in a multi-million dollar recovery. The value depends entirely on your specific injuries, treatment, and the facts of the case.
Can I get compensation if I was partially at fault for the accident?
Yes, as long as you are not more than 50% at fault. Florida’s modified comparative negligence system reduces your award proportionally. For example, if your damages total $100,000 and you are found 30% at fault, you would recover $70,000.
