Just as the majority of personal injury cases brought into Florida’s civil court system, the victim of a slip and fall case must file their lawsuit against the property owner within four years of the incident, according to Florida Statutes §95.11(3)(a). In cases dealing with a wrongful death claim as a result of a slip and fall, the lawsuit must be filed within two years of the person’s death, rather than the four allowed in personal injury claims.
Another differing situation would arise if the slip and fall happened on a government-owned property, as the timeframes above pertain only to events taking place on private or commercial property. If you are unsure of the rightful owner of the property on which the incident took place, a Miami personal injury attorney can help sort out the specifics of your case. If the slip and fall did indeed happen on government property, the timeframe could be as short as 30 days, depending on which government you are attempting to sue. While there will be a statue of limitations for your claim, an accident that is not reported immediately is very unlikely to be successful in a court of law.
What if the deadline has passed?
If you fail to make a claim for your slip and fall injury during the time allotted, it is likely that the property owner will make a motion to dismiss your case and the court will most likely agree with the action. There are some exceptions under Florida law that may “pause” the statute of limitations for your particular case, though you will have to consult with a knowledgeable Miami personal injury attorney and explain your case in detail to find out if your situation applies.
Even if you are confident that your personal injury case will be settled, do not wait. If you find yourself in a slip and fall personal injury situation and want to learn more about your options, call and speak with an experienced Miami personal injury attorney from Graham Legal today.