Parking lot potholes can be the cause of auto damage, but they can also cause numerous people to fall and injure themselves. If you were physically injured because of a parking lot pothole, you could seek damages from the party in charge of the premises. Under Florida’s laws, parking lots for business establishments must be kept reasonably safe for visitors. This means addressing potential hazards, such as potholes, either by repairing them or providing a warning.
If you have legal concerns regarding a pothole slip and fall accident, call the Law Offices of Anidjar & Levine. The team’s Naples slip and fall injury lawyer can help you with the steps involved in seeking compensation.
How a Naples Slip and Fall Lawyer Can Help
A Naples personal injury lawyer studies the laws related to accidents like yours and can check for other rules that may also apply to you. For instance, they can determine if the premises liability immunity comes into play or not. Florida Statutes §768.075 would bar you from taking legal action against the other party if you were trespassing. If a property owner raises such an argument, even if you were legally on the premises, the attorney could help you disprove it.
Search for Evidence
Evidence helps to bolster your case and prove the other party’s liability. The attorney can review any evidence you have and help gather other proof that you might have missed, such as eyewitness testimonies or video surveillance footage. They could even help you get a medical expert’s report as further proof that your injury came from the slip and fall.
Comply with Filing Requirements
Since they are familiar with Florida’s slip and fall-related laws, the Naples lawyer will also help you follow your case’s requirements. For instance, they can ensure that you submit your claim within the statute of limitations, which is four years, according to the 2020 Florida Statutes § 95.11. The court dismisses submissions if they exceed their time allowance.
Four years might seem like a lot of time to file your suit, but you could have other priorities that keep you from focusing on the case, such as treating your injuries. Moreover, some people who start the process without a lawyer’s help end up making mistakes that compromise their claim. Errors such as incorrectly naming the parties involved or the accident’s location on your claim could set you back.
Provide Legal Representation
Lawyers can help persuade the court to accept your version of events and refute the opposing side’s arguments. If the property owners have a lawyer representing them, and you do not have one as well, you will be at a distinct disadvantage.
Get information about how a Naples potholes in parking lots slip and fall lawyer from the Law Offices of Anidjar & Levine can help by dialing (239) 900-3000. We can accommodate your questions anytime.
Available Slip and Fall Damages
Successfully settling your Naples parking lot pothole slip and fall case means that you could receive compensatory damages for your injury-related expenses. Some of these include payments for your hospital bills, medications, and the income you lost while treating your injuries. You can also recover non-economic damages to make up for your pain and suffering.
If the pothole slip and fall accident resulted in a loved one’s death, you could also get compensated for wrongful death damages. The damages might include funeral and burial expenses, as well as lost support and companionship.
Compiling as many of your injury-related financial records helps ensure that your damages are calculated as accurately as possible.
Restrictions for Government Claims
Under the 2020 Florida Statutes §768.28, you may file slip and fall claims against Naples’ government agencies if your accident resulted from their negligence; however, they do not accommodate all injury complaints. The public department will be immune from liability if your damages exceed $200,000. If your pothole slip and fall happened on government property, you might have to check first with an attorney to see if your damages reach the value mentioned above.
Otherwise, you might not be able to recover any compensation at all. Furthermore, you cannot directly file claims at the liable public employee if they were negligent while on duty.
Receivable Compensation May Get Deducted
Negligence-based actions such as your Naples slip and fall case will be under Florida’s comparative fault rule, according to the Florida Statutes §768.81. If ever you are partly to blame for your injuries, you can receive only a reduced portion of your total damages based on the fault you share.
Say that the initial amount is $420,000, but the jury finds you 25 percent liable for walking too fast and increasing your risk of falling over. As a result, you can now only recover 75 percent or $315,000. The law will not keep you from suing the other party, even if you share more than half the fault for the slip and fall.
We Are Here to Assist You
Even if the owners of the premises in your slip and fall case are powerful entities, such as a corporation, do not be intimidated. The Law Offices of Anidjar & Levine has worked on numerous civil cases. Our Naples potholes in parking lots slip and fall lawyer will work hard to help you seek compensation, too.
To speak to someone from our legal team, call the office.
We Can Help.