If you’ve suffered a slip-and-fall accident in Orlando, understanding the timeline for filing a lawsuit is crucial. You typically have two years from the incident date to file a slip and fall lawsuit in Orlando, but it’s essential to prioritize your case and avoid delay. Missing this deadline could result in forfeiting your right to compensation.
With so much at stake, we recommend seeking guidance from an Orlando slip-and-fall lawyer as early as possible. Report your accident to the property owner, seek medical care, and then contact one.
Understanding Florida’s Statute of Limitations
When you’re hurt in a slip-and-fall accident, Florida law doesn’t give you unlimited time to take legal action. The state has established a two-year statute of limitations for personal injury claims, including slip and fall accidents. This means you have two years from the date of your accident to file a lawsuit.
This timeline exists to ensure that claims are filed while evidence is still fresh and witnesses can still recall details accurately. The longer you wait to file your claim, the more difficult it can become to build a strong case.
Some important points about Florida’s statute of limitations include the following:
- The two-year countdown begins on the day your accident occurs
- Once the deadline passes, the court will likely dismiss your case
- Acting quickly allows your attorney more time to gather evidence
- Early filing can lead to faster resolution and compensation
- Waiting until the last minute creates unnecessary risk
We recommend consulting with an attorney as soon as possible after your accident. This gives us the time needed to investigate your case thoroughly and build the strongest possible claim on your behalf.
What Qualifies as a Slip and Fall Accident in Orlando
Slip and fall accidents occur when you suffer injuries due to hazardous conditions on someone else’s property. These accidents can happen anywhere—from grocery stores and restaurants to apartment buildings and office parks.
Orlando property owners have a legal responsibility to maintain safe premises for visitors. When they fail to address hazards or warn about dangerous conditions, they may be liable for resulting injuries.
Common slip and fall scenarios include:
- Slipping on wet floors without warning signs
- Tripping on uneven walking surfaces
- Falling due to poor lighting conditions
- Stumbling on obstacles left in walkways
- Losing balance on damaged stairs or loose handrails
These accidents can cause serious injuries ranging from sprains and fractures to traumatic brain injuries and spinal damage. The severity of your injuries and their impact on your life are important factors in determining the value of your case.
Factors That Affect Your Deadline to File a Slip and Fall Lawsuit in Orlando
While Florida’s standard statute of limitations is two years, several factors can affect the deadline for your specific case. Understanding these factors can help you avoid missing crucial filing deadlines.
The location of your accident plays a significant role in determining your filing deadline. For instance, if your slip and fall occurred on government property, such as a public building or park, different rules apply. Claims against government entities often require filing a notice of claim much sooner—sometimes within just a few months of the accident.
The discovery of your injuries can also impact the timeline. Some injuries aren’t immediately apparent after an accident but develop or worsen over time. In limited circumstances, the “discovery rule” may extend the statute of limitations from the date you discovered or reasonably should have discovered your injury.
Other factors that may affect your filing deadline include:
- Your age at the time of the accident
- Your mental capacity
- The defendant’s absence from the state
- Any fraudulent concealment by the defendant
- Whether you’re filing against a private entity or government agency
Our attorneys will assess your specific situation to determine the exact deadline for your case. We’ll ensure all paperwork is filed correctly and on time to protect your right to compensation.
Exceptions to the Standard Statute of Limitations
There are several circumstances where Florida law allows exceptions to the standard two-year statute of limitations. These exceptions may extend or “toll” the deadline, giving you more time to file your slip-and-fall claim in Orlando.
Minors and Legal Incapacity
If you were under 18 years old when the slip and fall accident occurred, the statute of limitations may not begin until you reach the age of majority. Similarly, if you were legally incapacitated at the time of the accident, the clock may not start until the incapacity ends.
Government Entities
Claims against government entities follow different rules. If your slip and fall accident occurred on property owned by a city, county, or state government, you may need to file a notice of claim within a shorter timeframe.
Defendant Absence
If the property owner or responsible party leaves Florida after the accident but before you can file a lawsuit, the time they’re absent from the state might not count toward the two-year limit.
Fraudulent Concealment
If the property owner intentionally concealed facts about your accident or their liability, the court may extend the filing deadline. This might occur if a business destroys video evidence or alters the accident scene before you can document it.
These exceptions are limited and specific. You should never assume that an exception applies to your case without consulting an attorney. Our legal team will review your situation and determine whether any exceptions extend your filing deadline.
The Importance of Acting Quickly After a Slip and Fall Accident
While you technically have up to two years to file a slip-and-fall lawsuit, waiting can significantly harm your case. Evidence disappears, witnesses move away, and memories fade over time. Acting quickly preserves crucial evidence and strengthens your position.
Evidence Preservation
Physical evidence is critical in slip and fall cases. The dangerous condition that caused your fall—whether a wet floor, uneven surface, or inadequate lighting—may be repaired or removed shortly after your accident. Quick action allows your attorney to document these conditions before they change.
Taking these steps immediately after your accident can help preserve evidence:
- Photograph the accident scene and your injuries
- Report the incident to the property owner or manager
- Collect contact information from witnesses
- Keep the shoes and clothing you were wearing
- Seek medical attention and follow all treatment recommendations
Witness Statements
Witness testimony can be powerful evidence in slip and fall cases. Witnesses can confirm how the accident happened and the conditions that caused it. However, memories fade quickly, and witnesses become harder to locate as time passes.
Medical Documentation
Prompt medical attention not only ensures proper treatment for your injuries but also creates a record linking your injuries to the accident. Delaying medical care can create gaps in your records that insurance companies may use to dispute your claim.
Contact Our Orlando Slip and Fall Attorneys Today
You do not have long to file your slip-and-fall claim in Orlando. Contact our Orlando personal injury law firm today for a free consultation. Our experienced attorneys will review your case, explain your legal options, and help you understand the deadlines that apply to your situation.
The sooner you reach out, the sooner we can begin building your case and fighting for the compensation you deserve. Call our office or complete our online contact form to schedule your free consultation. Your recovery is our priority, and we’re ready to help you through every step of the legal process.
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