Can I File A Personal Injury Claim If I Have Slipped And Fell On A City Sidewalk Or Highway In Florida?
Nothing prohibits filing a claim, even if it is a government-owned sidewalk. The facts and circumstances of each case determine the outcome, but there is no prohibition on filing a claim with a government-owned sidewalk or street if negligence is involved. The only caveat to that is in any case against a government entity in Florida, damages are capped at $200,000. Those cases tend to be handled differently, but there is no prohibition in filing a claim if you are injured and due to government negligence.
How Are Personal Injury Claims Against Government Entities Handled Differently In Florida?
There are built-in timelines in the Florida statutes that require you to put the government on notice within three years of the incident. Regardless of whether you have an attorney or a different personal injury case, the typical statute of limitations is four years. If you don’t put them on notice within three years, you essentially waive any right to the claim you have.
As I said before, every case is different, so not everybody will have a case valued at $200,000. In these cases, the government has a lot of leverage because even if you go to trial and get a verdict for a million dollars against the government, they are only statutorily obligated to pay $200,000. There is a means by which you can try and pursue the recovery of the additional amount above and beyond the $200,000. Still, you have to get a bill passed through the legislature, and usually, you only see those for the most horrific injury cases.
These cases are handled differently because the government entity responsible for the accident is aware that there is not much to lose by going to trial. The most that they have to give is $200,000. You will never get to that issue in some claims because they don’t have an innate value of $200,000 or more. In cases that do, it will always be an issue that you can navigate because the government entity will try and take a position of power to force you into taking a lower offer or just going to trial with that $200,000 as their ceiling for recovery.
What Does Florida Law Say About Suing An Employer For A Slip And Fall Or Trip And Fall Injury?
There is a different law in Florida regarding Workers Compensation for suing an employer for a personal injury. There are specific processes if you are injured on the job while your employer is paying you. If you were injured due to your employer’s negligence, they must carry workers’ compensation insurance and have a workers’ compensation fund. The workers’ comp insurance would be what governs that scenario. It will essentially preclude you from filing a negligence action against the employer if your employer has the workers’ compensation coverage that they are supposed to have.
If they don’t, you are in a scenario where you can now possibly bring a negligence action against your employer. We’ve had cases where you are injured at the job, but it’s not necessarily at the hands of your employer. For example, suppose you are driving for your employer, and somebody on the road that’s not your employer injures you. In that case, you still may be eligible for workers’ comp through your employer because you were injured on your job within the scope of your employment, but you were also injured because of somebody else.
For more information on Slip And Fall On A City Sidewalk Or Highway, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 379-8030 | (786) 785-2555 today.
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