What to Expect When Filing a Slip and Fall Case
When a slip and fall or a trip and fall happens, hopefully nobody is injured. But there are times when a fall leads to injury, hospital stays, and hefty medical bills. A lawsuit to recover damages may be possible if the event happened due to another’s negligence, such as by a property owner or manager. When another is negligent, Florida injury victims deserve financial compensation.
The statute of limitations for a slip and fall case in Florida is four years. While that may sound like a lot of time, in reality, strong claims benefit from immediate attention. A Sarasota personal injury lawyer will let you know what needs to be done immediately and how to move forward with a successful case.
Informing the Defendant and the Discovery Process
Retaining an experienced attorney is the first step to damage recovery. Then, your lawyer will inform the defendant and/or the defendant’s insurance company that the claim is moving forward. When they do this, they will provide the other party with details of the claim.
Details and information that could be provided to the defendant include the following:
- Where the event happened.
- Who was injured.
- How the injury happened.
- What amount is needed in damages.
- Who is responsible for the injury and why.
If claim cannot be resolved outside of court, then litigation, the process of a lawsuit, will begin. The first phase is referred to as the discovery phase; this is when information gathering happens. Both parties will go through their own discovery phases. The defendant will be collecting information to try and secure the outcome they want while the plaintiff is gathering data to prove their case. Part of this process is often interrogatories, which are written questions that are served to the other party and then answered in writing.
Plaintiffs are in the position of needing to prove their side of the story. So, the more documents that strengthen a plaintiff’s case, the better. A Sarasota personal injury lawyer knows what is needed and how long the process will take. Timeframes differ from case to case, depending on the situation.
Possible Mediation and Motions to Dismiss
Sometimes, an agreement can be made to settle before trial by both parties even after a lawsuit is filed. This could happen through mediation or a settlement conference. There are differences between the two. A mediator is the one who negotiates with the parties involved in a mediation. A judge is typically present when there is a settlement conference. In other situations, when a defendant believes they can prove they were not negligent as a matter of law, they could file a motion to dismiss.
Naturally, there are times when negotiation is not possible. Then, a case moves to trial. A knowledgeable Florida attorney can help you navigate your case each step of the way, through the discovery phase and continuing on to a mediation or trial.
After an Injury, Unleash Hale
Did you or someone you love sustain an injury in connection with a Florida slip and fall or trip and fall accident? It’s time for you to have an attorney on your side. Contact the personal injury lawyers at Hale Law. To schedule a free consultation, call us at 941-735-4529 or contact us online. We don’t get paid unless you get paid.