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At My Affordable Attorney, we fight to deliver the absolute highest quality results at a reduced cost. That means more money back in your pocket. Do not go up against a big company alone. Contact us today for a free, fully confidential, and no-obligation initial consultation. With a law office in Daytona Beach, we serve clients throughout the surrounding region in Central Florida and North Florida.
SLIP AND FALL INJURIES
Frequently Asked Questions (FAQs)
Can I file a slip and fall claim if I was partially at fault for the accident?
Yes. Florida law allows an injured person to seek compensation even if that person shares some responsibility for the accident. The state follows a modified comparative negligence system. As long as you were not more than 50 percent at fault, you can still recover compensation.
Your final recovery is reduced by your percentage of fault. For example, if your total damages are $100,000 and a jury finds you 20 percent at fault, your net recovery would be $80,000. Insurance companies routinely try to shift blame onto injured people to reduce what they must pay. Having a slip and fall attorney on your side helps counter those efforts and protects you from unfair fault arguments.
Should I report the slip and fall to the property owner or manager?
Yes. You should report the slip and fall to the property owner or manager as soon as possible. Request a written incident report and ask for a copy. This report creates a record that the fall occurred on the property and that the owner or occupier is on notice of the incident.
Without a formal report, the property owner’s insurance company may later claim that the fall did not occur as described, or that they had no knowledge of the event. Prompt reporting makes it more difficult for them to deny or minimize your claim. You should also take photographs of the hazard and your visible injuries and obtain contact information for any witnesses.
Will my slip and fall accident case go to trial?
It is possible, but not typical. Most slip and fall cases in Florida are resolved through negotiated settlements rather than trials. Settlement can avoid the time and expense of a jury trial, and insurance companies often prefer settlement to avoid the uncertainty of a verdict.
However, initial settlement offers are frequently too low. Our Daytona Beach slip and fall attorneys negotiate for a result that reflects the true value of your case. We prepare every matter as if it may proceed to trial, and we are prepared to go to court if that is what is required to obtain a fair result. That readiness often encourages insurers to make better offers.