Does Florida Law Require Me To File An Accident Report At The Time Of My Injury In Order To Be Eligible For An Injury Claim?
There is no law on the requirement to file an accident report at the time of the accident with the premises owner. However, it is good to notify the property owner that there was an accident that you were involved in and whether you pursue a claim depends on your injuries you sustained. It is always wise to notify them because it creates a record that you were on the property the day you were injured. If it goes undocumented, there is always the chance that they will use the lack of record against you.
It will always be beneficial for the plaintiff down the line to document the injury, even if it seems inconvenient at the time. If you seek counsel after the incident, you will always recommend to report the injury to the property owner.
Is There Any Documentation That I Should Be Wary Of Signing On The Scene Of A Slip And Fall Accident?
Premises owners may try to minimize their liability down the road. When it comes to signing documents and waivers, I would say the default is not to sign anything. Most times, if it happens at a public place or commercial property, they’ll give you a report to fill out where you put your name, the date, how you were injured, what your injuries are. Those documents are okay, but we always advise being careful of what you sign. We don’t want to give too much detail and stick to the bare basics of what occurred. Sometimes insurance companies will try and cut you a check on the spot and sign a waiver. Usually, this is a sure sign that your injuries are much more valuable than the amount on the check.
They are trying to get out cheap, on the spot, and have you sign a waiver that precludes you from bringing a claim in the future. Again, it is okay to fill out a very generic report document, but any more detailed information should be withheld.
How Can Hiring Your Firm Early On Help Me in My Slip And Fall Injury Claim?
Only the injured party can capture the scene as-is on the date of the incident, and that’s why photos are essential. We will never be able to capture the scene of the accident unless we are hired very soon after somebody calls us from the scene. Video surveillance is often a crucial factor in cases, and in many cases, the video gets recorded over every 30 days. Typically, the first thing that we do when we get hired is to send a letter that puts the owner on notice that any evidence they have, including video surveillance, must be preserved.
There is a law in Florida that if the owner doesn’t preserve that type of evidence, it could be used against them when we get into litigation. It removes any potential argument, unless we fail to make the request or report in time. Preserving evidence is crucial. Sometimes, depending on when we are hired, we will have an investigator recapture and analyze the scene as it was on the injury date.
Additional Information On Slip And Fall Injury Cases In Florida
It is essential that when you are injured, contact an attorney as soon as possible after the injury to find out what steps to take next. We are always going to recommend hiring a law firm. At Geller Tamayo, we only do personal injury cases. We’ve seen many different circumstances, but regardless of the details, an attorney can recommend procedures to follow that may benefit you significantly in the long run. Even things as trivial as seeing a doctor as quickly as possible can make or break your case, depending on how quickly you sought medical attention.
It is not the time to be a warrior and refuse to see doctors or try and do it yourself. Since you are in pain, you need to receive medical treatment for your pain or injuries. Secondly, in each case, you tell a story, which involves documenting your injuries and the level of pain you are in. These are all standard practice procedures that an attorney can advise you to complete to best prepare and support your case.
Other than consulting with an attorney right away after a slip and fall, consult a doctor if for nothing other than an evaluation. If you did hurt yourself, it helps to highlight and create a nexus between the actual slip and fall and the injury. If you wait in between the incident and the medical evaluation, the insurance will use the defense that you must not have been as hurt or in as much pain as you claimed.
For more information on Filing An Accident Report At Time Of Injury, 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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