Understanding Damages in Florida Slip and Fall Lawsuits

Slip and fall accidents are common occurrences that can result in serious injuries and significant financial burdens. In Florida, property owners are legally obligated to maintain safe premises for visitors. When they fail to do so, resulting in a slip and fall accident, victims may be entitled to compensation for their injuries and related expenses. Understanding the types of damages that can be recovered in these cases is crucial for victims seeking justice and financial relief.

The Basics of Slip and Fall Lawsuits in Florida

Slip and fall lawsuits fall under the category of premises liability law. In Florida, premises liability law holds property owners and managers accountable for maintaining a safe environment. When an individual slips, trips, or falls due to a hazardous condition on someone else’s property, the property owner may be held liable if it is proven that they knew or should have known about the dangerous condition and failed to address it.

To establish a valid slip and fall claim, the victim must demonstrate that the property owner had a duty of care to ensure the premises were safe, breached that duty by allowing a hazardous condition to exist, and that the breach directly caused the victim’s injuries. Additionally, the victim must show that they suffered actual damages as a result of the accident.

Types of Damages Recoverable in Slip and Fall Cases

Damages in slip and fall cases are categorized into two main types: economic and non-economic damages. Economic damages are tangible losses that can be quantified, while non-economic damages are intangible and more subjective.

Economic damages include medical expenses, which encompass the costs of medical treatment, hospitalization, surgeries, medications, physical therapy, and any future medical care required due to the injuries sustained in the slip and fall accident. These expenses can quickly add up, placing a significant financial burden on the victim and their family.

Another significant component of economic damages is lost wages. If the victim’s injuries prevent them from working, they may be entitled to compensation for the income they have lost during their recovery period. In cases where the injuries result in a long-term or permanent disability, the victim may also be entitled to compensation for future lost earning capacity. This calculation takes into account the victim’s age, occupation, skills, and the extent of the disability.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Property damage is another form of economic damage that may be recoverable in a slip and fall lawsuit. If the victim’s personal belongings, such as clothing, eyeglasses, or electronic devices, were damaged or destroyed in the accident, they can seek compensation for the cost of repairing or replacing these items.

Non-Economic Damages in Slip and Fall Cases

Non-economic damages are more challenging to quantify but are equally important in ensuring that victims receive full compensation for their suffering. Pain and suffering is a common type of non-economic damage awarded in slip and fall cases. This refers to the physical pain and emotional distress the victim experiences as a result of their injuries. The severity and duration of the pain, as well as the impact on the victim’s quality of life, are considered when determining the amount of compensation.

Emotional distress is another form of non-economic damage that may be awarded. Slip and fall accidents can lead to psychological trauma, anxiety, depression, and other emotional challenges. Victims may experience a loss of enjoyment of life, which refers to the inability to participate in activities and hobbies they once enjoyed. This loss can significantly impact the victim’s overall well-being and quality of life.

Loss of consortium is a type of non-economic damage that may be awarded to the victim’s spouse or family members. This refers to the loss of companionship, support, and affection that the victim’s loved ones experience as a result of the injuries. In some cases, the victim’s spouse may also be entitled to compensation for the loss of intimacy and marital relations.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Punitive Damages in Slip and Fall Cases

In addition to economic and non-economic damages, punitive damages may be awarded in certain slip and fall cases. Punitive damages are not intended to compensate the victim for their losses but to punish the property owner for particularly egregious or reckless behavior and to deter others from engaging in similar conduct. In Florida, punitive damages are awarded in cases where the defendant’s actions demonstrate a willful disregard for the safety of others.

Punitive damages are not awarded in every slip and fall case and are typically reserved for situations where the property owner’s conduct was especially negligent or intentional. For example, if a property owner knew about a dangerous condition, such as a broken stair or a wet floor, and willfully ignored it despite knowing that it posed a significant risk to visitors, punitive damages might be considered.

Factors Influencing the Amount of Damages Awarded

Several factors influence the amount of damages awarded in slip and fall cases. One key factor is the severity of the injuries sustained by the victim. More severe injuries typically result in higher medical expenses, longer recovery periods, and greater emotional distress, all of which can increase the amount of compensation awarded.

The degree of negligence on the part of the property owner also plays a significant role. If it can be proven that the property owner was grossly negligent or willfully disregarded the safety of others, the amount of damages awarded may be higher. Additionally, the victim’s own conduct may be considered when determining damages. In Florida, the concept of comparative negligence is applied, meaning that if the victim is found to be partially at fault for the accident, their compensation may be reduced by the percentage of their own negligence.

The availability of insurance coverage can also impact the amount of damages awarded. If the property owner has liability insurance, the insurance policy limits may influence the amount of compensation the victim can receive. In some cases, the victim may need to pursue additional legal action to recover the full amount of damages if the insurance coverage is insufficient.

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The Importance of Legal Representation in Slip and Fall Cases

Navigating the complexities of slip and fall lawsuits can be challenging, especially for victims who are dealing with the physical and emotional aftermath of their injuries. Having experienced legal representation is crucial for ensuring that victims receive the full compensation they deserve.

An attorney can help victims gather and present evidence to support their claim, including medical records, witness statements, and photographs of the accident scene. They can also negotiate with insurance companies on the victim’s behalf to secure a fair settlement. If a settlement cannot be reached, an attorney can represent the victim in court and advocate for their rights.

Additionally, an attorney can help victims understand the various types of damages they may be entitled to and ensure that all relevant factors are considered when calculating the amount of compensation. This includes not only the immediate costs of medical treatment and lost wages but also the long-term impact of the injuries on the victim’s life.

Statute of Limitations for Slip and Fall Claims in Florida

It is important for victims to be aware of the statute of limitations for slip and fall claims in Florida. The statute of limitations is the time limit within which a legal claim must be filed. In Florida, the statute of limitations for personal injury claims, including slip and fall cases, is generally four years from the date of the accident.

Failing to file a claim within this time frame can result in the loss of the right to seek compensation. However, there are certain exceptions and circumstances that may extend or shorten the statute of limitations, so it is important to consult with an attorney as soon as possible to ensure that the claim is filed within the appropriate time frame.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Contact Serrano Law Today, and Fight for the Damages You Deserve

If you or a loved one has been injured in a slip and fall accident in Florida, it is important to seek legal representation to protect your rights and pursue the compensation you deserve. At Serrano Law, we understand the physical, emotional, and financial challenges that slip and fall victims face, and we are committed to providing compassionate and effective legal support.

Our experienced attorneys have a deep understanding of Florida premises liability law and a proven track record of successfully representing slip and fall victims. We will work tirelessly to investigate your case, gather evidence, and build a strong claim on your behalf. Our goal is to secure the maximum compensation for your medical expenses, lost wages, pain and suffering, and other damages.

Contact Serrano Law today to schedule a free consultation and learn more about how we can assist you with your slip and fall claim. Let us help you navigate the legal process and achieve the justice and financial recovery you deserve.