Wet floors are a common reason why people slip and fall on paved surfaces, but parking lot potholes can be just as hazardous. Many people who fall after slipping or tripping because of a pothole end up with serious injuries, such as dislocated or broken bones and head trauma.
If this happens to you in Clearwater, Florida, you could file a personal injury claim or lawsuit against the owner or other entity in charge of the premises. A Clearwater potholes in parking lots slip and fall injury lawyer with the Law Offices of Anidjar & Levine can work with you to help you seek compensation for your injuries and losses. Call 1-800-747-3733 to discuss your concerns with the team during a free consultation.
Liability in Your Pothole Slip and Fall Accident
Under Florida’s negligence rules, anyone legally responsible for a property can become liable for the accidents that occur due to insufficient care for their premises. They should keep it reasonably safe from hazards, such as potholes in the parking area. The liable parties could include the property owner, the management staff, or a tenant.
As Florida Statutes § 768.28 outlines, if your accident happened in a public area in Clearwater, you could also hold the local governing body liable for the hazard.
Liability Exceptions
Florida Statutes §768.075 states that property owners cannot be held liable for the injury or death of trespassers who were drunk or under the influence of a chemical substance at the time of the accident. You would have to be a legal visitor, such as a personal guest or customer, to hold them responsible for your injury. However, if the property owner’s gross negligence or misconduct caused your slip and fall accident even if you trespassed, then they could be at fault.
The Clearwater slip and fall attorney can help gather and review your evidence to determine who is at fault for your pothole slip and fall accident.
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Your Pothole Slip and Fall Damages
You can recover economic and non-economic damages if you settle your Clearwater parking lot pothole slip and fall case successfully. Some economic damages include medical treatment expenses, medications, and the income lost while in recovery. If a valuable item was damaged or destroyed in the accident, such as an expensive watch or smartphone, you might also receive compensation for it.
Non-economic damages pertain to the more intangible costs of your injury, such as disabilities and mental trauma. It can be challenging to determine the amount you could receive, as Florida does not have a standard formula. In many cases, the claims adjuster or court will multiply your economic damages by a certain number based on how severe your injuries are.
Say you had severe brain damage from the fall; such an injury could mean your non-economic damages are four times your economic damages.
It would be best to compile as many records of your slip and fall-related expenses as possible, such as hospital bills and prescription drug receipts, to ensure that your damages are calculated accurately. A Clearwater potholes in parking lots slip and fall injury lawyer can also assess your injuries to create a rough estimate of the non-economic damages you should receive.
If you have other questions about the awards in your pothole slip and fall, you can call the Law Offices of Anidjar & Levine anytime at 1-800-747-3733 today for a free consultation.
Statutes That Could Affect Your Recovery
As explained in Florida Statutes § 768.81, Florida’s comparative fault statute reduces the amount you can recover if you are partially liable for your slip and fall accident. For example, if your total damages reached $430,000 and the jury declares you to be 15% at fault, you can only get $365,500 or 85% in damages.
A lawyer can help present the evidence more persuasively than an insurance company or a judge and jury. They can also advise you on what to say when giving testimony, among other legal assistance.
If you are filing the slip and fall claim against a Clearwater government agency, take note that they typically only compensate for accidents with damages that do not exceed $200,000.
Filing Deadline for Clearwater Slip and Fall Cases
Florida’s statute of limitations is one of the most crucial requirements you have to follow in your pothole slip and fall case. The court does not entertain lawsuits that miss their deadline. According to Florida Statutes §95.11(3)(a), your lawsuit has a four-year deadline, as is the standard for all negligence cases. But you may also have a tolling exception, as explained in Florida Statutes §95.051, which could pause your statute clock. For example, you will have up to seven years to submit if the slip and fall victim was a child.
Your Clearwater slip and fall attorney can check for tolling exceptions to establish your exact time limit. You may also finish working on your case faster by having them assist you with the legal procedures involved.
The Team Is Here to Help
A pothole slip and fall accident can lead to costly and debilitating injuries here in Clearwater. But you can take legal action against the negligent parties to have them compensate you for your suffering. If you have concerns about your circumstances, a Clearwater potholes in parking lots slip and fall injury lawyer can help you sort matters out. They can provide legal advice and representation to get you compensation for any damages that resulted from your fall.
The Law Offices of Anidjar & Levine has practiced law throughout Florida for more than 15 years. For more inquiries on our responsive legal care and services, you may call 1-800-747-3733 for a free case evaluation.
