To start the process of filing a slip and fall claim in Orlando, you need to notify the store owner, property owner, or manager that you’ve been hurt. Then, seek medical attention to get a diagnosis of your injuries.
If your fall did cause you harm, then the next step is to contact an Orlando slip and fall injury lawyer for further legal advice. They will assess your case and explain your legal options. Here’s what you need to know about the process of these claims.
Immediate Steps After a Slip-and-Fall Accident
The actions you take immediately after a slip-and-fall accident can significantly impact your claim. Your priority should be your health and well-being, but documenting the incident is also important.
First, report the accident to the property owner, manager, or staff member. Ask them to create a written incident report and request a copy for your records. This documentation establishes an official record of when and where the accident occurred.
Next, collect evidence at the scene if you’re able. Take photos of the hazardous condition that caused your fall, such as a wet floor, an uneven surface, or poor lighting. Also, photograph the surrounding area to show any missing warning signs.
Before leaving the scene, try to gather contact information from witnesses. Their testimonies can provide valuable support for your claim later. Store employee information is also helpful, as these individuals might know how long the dangerous condition existed.
Some important steps to take at the accident scene include the following:
- Report the incident to management
- Take photos of the hazardous condition
- Collect witness contact information
- Keep the clothes and shoes you were wearing
- Note any surveillance cameras in the area
- Ask for a copy of any incident report filed
These actions create a foundation of evidence for your claim and help establish the facts while memories are fresh.
Seeking Medical Attention for Your Injuries
After a slip and fall, you should seek medical attention promptly, even if you don’t think your injuries are serious. Some injuries, such as concussions or internal damage, may not show symptoms immediately but can worsen over time.
When you visit a healthcare provider, be thorough in describing how the accident happened and all the symptoms you’re experiencing. This creates a clear link between your injuries and the slip-and-fall incident, which is essential for your claim.
Follow all treatment recommendations and attend all follow-up appointments. This demonstrates that you’re taking your recovery seriously and helps document the full extent of your injuries.
Keep detailed records of:
- All medical visits and treatments
- Diagnostic tests and results
- Medications prescribed
- Physical therapy sessions
- Any assistive devices needed
- Healthcare provider statements about your recovery timeline
Medical documentation serves as objective evidence of your injuries and their impact on your life. It also helps calculate the financial damages you’ve suffered due to the accident.
Consulting With an Orlando Slip and Fall Attorney
After seeking medical attention, your next step in the process for filing a slip and fall claim in Orlando is consulting with an experienced slip and fall attorney. Most Orlando personal injury attorneys offer free initial consultations to evaluate your case.
During this consultation, the attorney will ask about the circumstances of your accident and the injuries you sustained. They’ll also explain Florida’s laws regarding slip and fall cases and how they apply to your situation.
An attorney can help determine if you have a viable claim by assessing several factors:
- Was the property owner aware of the dangerous condition?
- Should they reasonably have known about and fixed the hazard?
- Did the property owner fail to warn visitors about a known danger?
- Were your actions reasonable under the circumstances?
- What is the extent of your injuries and damages?
Based on this evaluation, the attorney will advise you on the strength of your case and the potential compensation you might receive.
Investigating Your Slip and Fall Accident
If you decide to move forward with a claim, your attorney will conduct a thorough investigation. This process is essential for building a strong case that proves the property owner’s liability.
Our legal team will do the following:
- Return to the accident scene to gather additional evidence
- Request surveillance footage that may have captured the incident
- Interview witnesses while their memories are fresh
- Obtain maintenance and cleaning records for the property
- Review prior incident reports at the same location
- Consult with experts who can testify about safety standards
We may also work with medical experts to fully document your injuries and their long-term effects. This comprehensive approach helps establish the full value of your claim.
Determining Liability
A key part of the investigation is determining who is liable for your injuries. In slip and fall cases, multiple parties might share responsibility, including:
- Property owners
- Property management companies
- Maintenance contractors
- Cleaning services
- Tenants who control the premises
Our attorneys will identify all potentially liable parties to ensure you can pursue full compensation for your injuries.
Filing an Insurance Claim
Most slip and fall cases begin with filing a claim against the property owner’s insurance company. Your attorney will prepare and submit a demand package that includes:
- A detailed account of the accident
- Evidence supporting your claim
- Medical records and bills
- Documentation of lost wages
- Expert opinions regarding liability and damages
- A demand for a specific settlement amount
This package initiates negotiations with the insurance company. Having an attorney handle these communications protects you from common insurance tactics designed to minimize your claim.
Insurance adjusters often:
- Request recorded statements they can use against you
- Pressure you to accept a quick, low settlement
- Question the severity of your injuries
- Suggest you were at fault for the accident
- Delay in processing your claim
Our attorneys understand these tactics and will protect your interests throughout the process.
Negotiating a Settlement
After filing your claim, the insurance company will typically respond with a counteroffer. This begins the negotiation process, which can take weeks or months, depending on the complexity of your case.
Your attorney will negotiate on your behalf, presenting evidence and arguments to support your demand for fair compensation. They’ll keep you informed about settlement offers and provide advice about whether to accept or continue negotiations.
Most slip and fall claims are settled during this phase, as insurance companies often prefer to avoid the expense and uncertainty of a trial. However, we prepare every case as if it will go to trial, which strengthens our negotiating position.
A fair settlement should account for all your damages, including the following:
- Current and future medical expenses
- Lost wages and reduced earning capacity
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Out-of-pocket expenses related to your injuries
We’ll work to ensure any settlement offer adequately addresses these damages before recommending acceptance.
Filing a Lawsuit If Necessary
If negotiations don’t result in a fair settlement offer, your attorney may recommend filing a lawsuit for your Orlando slip-and-fall claim. This begins the litigation process, though settlement negotiations can continue even after a lawsuit is filed.
The litigation process involves several stages:
- Filing a complaint that outlines your case
- Serving the complaint on the defendant(s)
- Discovery, where both sides exchange information
- Depositions of witnesses and parties
- Pretrial motions and hearings
- Mediation or other alternative dispute resolution
- Trial, if no settlement is reached
Throughout this process, your attorney will represent your interests and handle all legal procedures. They’ll prepare you for any required participation, such as giving a deposition or testifying at trial.
The timeline for litigation varies depending on the court’s schedule and the complexity of the case. While some cases are resolved within months of filing, others may take a year or more to conclude.
Contact Our Orlando Slip and Fall Attorneys Today
You now know the process for filing a slip-and-fall claim in Orlando. Taking action is the next. Anidjar & Levine’s experienced attorneys can guide you through each phase of your case, from initial investigation to final resolution.
We’ll work tirelessly to build a strong case that proves liability and documents the full extent of your damages. Our goal is to secure the compensation you need to recover from your injuries and move forward with your life.
Contact our Orlando personal injury law firm today for a free consultation about your slip and fall case. We’ll evaluate your situation, answer your questions, and help you understand your legal options. Don’t face this challenging time alone—let our knowledge and experience work for you.
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