Debunking Myths about Florida Slip and Fall Accident Cases

If you’ve been injured in a slip and fall accident in Florida, you may be feeling confused and overwhelmed about what comes next. It’s common to worry about the legal process, how to recover compensation, and what steps to take to protect your rights. At this moment, you might be searching for answers or wondering whether or not it’s even worth pursuing a case. These are normal feelings, and you’re not alone. Our team understands the concerns that come with a slip and fall injury. We at Serrano Law are here to guide you through this process, helping you navigate the steps and misconceptions that could impact your case. In this blog, we will address some of the most common myths about Florida slip and fall accident cases and provide the truth behind them. This information can help you make better decisions about your case and give you the peace of mind you deserve.

Slip and Fall Cases Are Always Easy to Win

Many people assume that because slip and fall accidents seem straightforward, the case should be easy to win. In reality, slip and fall cases can be complicated, and proving negligence is not always simple. You may need to show that the property owner knew about the dangerous condition or should have known about it and failed to fix it in a reasonable amount of time. Many factors come into play, such as the type of injury, the location of the accident, and whether the property owner followed proper safety regulations. The burden of proof is on the injured party, which means you must provide strong evidence that your fall was caused by the property owner’s negligence.

Only Wet Floors Cause Slip and Fall Accidents

While wet floors are a common cause of slip and fall accidents, they are far from the only cause. In fact, slip and fall accidents can happen for many reasons. Hazardous conditions like uneven flooring, poor lighting, icy sidewalks, cluttered walkways, and broken steps are all potential hazards that can lead to serious falls. Additionally, spills or leaks that go unnoticed for a long time, obstacles in unexpected places, and improper maintenance of property can also create dangerous conditions. It’s important to understand that a slip and fall case can stem from many types of hazardous conditions, not just wet floors. When investigating your case, we will thoroughly review the circumstances surrounding your fall to determine if negligence was involved.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

If You’re Not Seriously Injured, You Can’t File a Case

Some people believe that if they didn’t break a bone or suffer a major injury, they can’t pursue a slip and fall claim. This simply isn’t true. Even if your injuries are not immediately visible, they could still be serious. Injuries like sprains, strains, back pain, or soft tissue injuries can cause long-term pain and impact your quality of life. In some cases, injuries may not show up until days or weeks after the fall. You may not know the full extent of your injuries right away, and that’s why it’s essential to seek medical attention even if you feel okay after the accident. Our team can help you with your case whether your injuries seem minor or severe. The key is to document everything and make sure you get the medical care you need.

You Must Have Witnesses to Win a Slip and Fall Case

While witnesses can certainly strengthen a slip and fall case, they are not always necessary. Many slip and fall cases are won based on the evidence collected at the scene and the testimony of medical professionals. Surveillance footage, maintenance records, photos of the hazard, and other documentation can serve as crucial evidence in a case. Additionally, expert testimony may be needed to help explain how the fall happened and why the property owner should be held responsible. Even without witnesses, it is still possible to win a case if the right evidence is presented. We will work hard to gather all the necessary information to build a strong case for you, no matter the circumstances.

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

You Can’t File a Case If You Were Partially at Fault for the Accident

Some people assume that if they were in any way at fault for the slip and fall, they cannot pursue a claim. Florida follows a legal principle called comparative negligence, which means that even if you are partially responsible for the accident, you may still be entitled to compensation. For example, if you were texting on your phone while walking and didn’t see a crack in the sidewalk, but the crack was large enough to be considered a hazardous condition, you could still file a claim. The court will assess the degree of fault on both sides and adjust the amount of compensation accordingly. If you are found to be partially at fault, your compensation may be reduced, but you could still recover damages. The key is that you don’t need to be fully innocent in order to file a claim. Our firm can help you understand how comparative negligence may affect your case.

Your Case Will Take Years to Settle

Another common myth is that slip and fall cases take years to settle. While some cases can take time, many slip and fall accidents are resolved much faster than people think. In many cases, the property owner or insurance company may be willing to settle quickly to avoid lengthy litigation. This is why it’s important to work with an experienced attorney who knows how to negotiate with insurance companies and other parties involved. Sometimes a settlement can be reached within a few months. If a fair settlement cannot be reached, we are prepared to take your case to court and fight for your rights. At every step, we will keep you informed and ensure you are aware of the progress being made.

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You Don’t Need a Lawyer If You Have Insurance

Some people believe that if they have insurance, they don’t need a lawyer. While insurance companies may offer compensation for your injuries, they are often more concerned with protecting their bottom line than making sure you receive fair compensation. Insurance adjusters may try to offer you a low settlement or make it difficult to get the full amount you deserve. By hiring an attorney, you ensure that your rights are protected and that you have someone on your side who will negotiate with the insurance companies. We can help you navigate the insurance claims process and fight for a fair settlement that covers all your medical bills, lost wages, pain, and suffering.

You Have Unlimited Time to File a Slip and Fall Case

Many people believe they can take their time filing a slip and fall claim, but this is not the case. In Florida, you have a limited amount of time to file a lawsuit after a slip and fall accident. This is known as the statute of limitations. In most cases, the time limit is four years from the date of the accident. After this time, you may lose your right to pursue compensation. It’s crucial to act quickly after a slip and fall injury to make sure that your case is filed within the required time frame. Our team can help you understand the deadlines for your case and make sure that all necessary steps are taken promptly.

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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If you have been injured in a slip and fall accident in Florida, don’t let the myths and misconceptions hold you back from pursuing the justice you deserve. Understanding the truth behind these common myths can help you make better decisions and give you the confidence to move forward with your case. At our firm, we are here to support you every step of the way, providing the legal help you need to get the compensation you deserve. Whether your case involves serious injuries, minor injuries, or a complex situation, we are ready to help you get the best possible outcome. Don’t wait to get the help you need. Contact us today to discuss your case and take the first step toward recovery.