Tallahassee Slip & Fall Accident Lawyer

Am I Eligible to File a Slip & Fall Lawsuit in Florida?

Eligibility depends on the circumstances of the injury. To succeed on a slip and fall claim, the injured person must show that the defendant owed a duty of care, breached that duty, and caused compensable damages. The degree of care owed depends partly on the visitor’s status: Florida law distinguishes between invitees (such as customers invited onto business premises), licensees, and trespassers, and treats claims involving children differently from those involving adults. Under Florida Statutes § 768.0755, claims involving transitory foreign substances on business premises require proof that the business had actual or constructive knowledge of the hazard and failed to remedy it.

Timing also matters. Under Florida HB 837, effective March 24, 2023, the statute of limitations for negligence-based slip and fall claims is two years from the date of injury for claims accruing on or after that date. Missing that deadline can bar recovery entirely.

Types of Compensation for Slip & Fall Injury Victims

Florida slip and fall victims may be eligible to recover two categories of compensatory damages. Economic damages cover measurable financial losses: medical bills, future medical costs, lost income, transportation expenses, and home modification costs. Non-economic damages address less tangible harms: pain and suffering, emotional distress, and loss of enjoyment of life.

In cases involving intentional misconduct or gross negligence, punitive damages may also be available where there is clear and convincing evidence of that conduct. Attorneys often work with medical professionals and other experts to document and quantify the full scope of a client’s losses.

Understanding Slip & Fall Settlement Amounts

Most personal injury cases settle before going to trial. Businesses facing slip and fall claims often prefer to avoid costly litigation and the negative publicity of a public trial. Whether an insurer agrees to a fair settlement depends heavily on the severity of the injuries, the strength of the evidence, and how thoroughly damages have been documented.

When an insurer refuses to pay fairly and the case is strong, taking the matter to trial may be the right path. Milles Law has the trial experience to see a case through when settlement isn’t a reasonable option. It’s also worth noting that under Florida’s modified comparative negligence rule from HB 837, plaintiffs who are more than 50% at fault for their own injuries are barred from recovering compensation. Those found partially but not predominantly at fault have their award reduced in proportion to their share of fault.

No Fee Unless Milles Law Recovers for You

Milles Law handles slip and fall cases on a contingency fee basis. Clients owe no attorney fees unless the firm recovers compensation through a verdict or settlement. A free consultation is available for injured individuals who want to understand their options before committing to anything.

Contact Milles Law today to schedule a consultation with a Tallahassee slip and fall lawyer.

Frequently Asked Questions

How Long Do Slip & Fall Cases Take to Settle?

It depends on the case. The strength and amount of available evidence matter, as does the other party’s willingness to negotiate. Some cases resolve in a matter of months; others take years. An attorney can give a clearer picture of what to expect once the specifics of the situation are known.

How Does Comparative Negligence Affect My Slip & Fall Case?

Under Florida’s modified comparative negligence rule, a plaintiff found partially at fault has their compensation reduced proportionately. For example, a $100,000 award reduced by 20% fault yields an $80,000 recovery. Plaintiffs found more than 50% at fault are barred from recovering anything. Because insurers often argue the injured person shares blame, having an attorney who understands how to counter that argument can significantly affect the outcome.