Slip-and-fall accidents can happen to anyone, anywhere, and at any time. These incidents can lead to significant injuries and financial burdens, but in some cases, the injury may not manifest immediately.
In these situations, sometimes victims are unsure whether they can or should still file a claim to get compensation for their injuries. Keep reading to learn more about what can be done after a delayed slip and fall injury.
Determining Whether You Have A Slip And Fall Claim
Proving negligence is the crux of a slip-and-fall case. When we file a lawsuit against a property owner, our primary concern is whether the at-fault party took reasonable steps to prevent the accident. To prove negligence and win your lawsuit, you must prove the following four elements:
- Duty of Care: The property owner or occupier was legally responsible for maintaining a safe environment.
- Breach of Duty: They failed to fulfill this responsibility by not taking reasonable steps to prevent the danger.
- Causation: The property owner's inaction caused the slip and fall accident.
- Damages: You have suffered injury, loss, or damage from the accident.
As a visitor to a property, you have certain rights regarding your safety. The owners or occupiers of a property have a duty to ensure that the property is adequately protected from danger. This means that they must take steps to maintain the property and fix any known issues that could lead to injury.
If the owner or occupier of a property has breached their duty of care and their negligence has led to your injury, you may have a valid compensation claim.
The Delayed Injury Conundrum
Sometimes, an injury's symptoms or resulting pain are not immediately apparent. This can make it difficult to identify whether your slip and fall accident was, in fact, the cause of the injury.
Identifying Delayed Symptoms
Some examples of delayed injuries are head injuries such as concussions and broken bones, which are particularly relevant for older people. It's important to monitor your well-being after a fall and document any changes, such as headaches, dizziness, nausea, or fatigue.
In the days following the incident, you should:
- Pay close attention to any changes in your physical or mental condition
- See a doctor if you experience any unusual symptoms
- Keep a detailed log of your symptoms and discuss them with your healthcare provider
Impact On Liability And Compensation
Depending on the type of injury, in some cases, it can be difficult to prove the property owner's negligence and calculate the extent of your pain and suffering in order to recover compensation.
However, a successful personal injury claim is possible even in the case of a delayed injury. To help support your claim, it’s critical you take the following steps as soon as possible.
- Seek medical care as soon as you notice symptoms. This will ensure your well-being, document the extent of your injury, and establish the link between the injury and the fall.
- Collect any evidence or documentation you have about the accident. This could include any photos you may have taken at the scene, witness statements, and all of your medical records.
- Contact a personal injury lawyer as soon as possible. Delayed injury claims can sometimes be more difficult than a claim filed immediately after an injury, so it’s important to hire an experienced attorney before speaking to insurance companies or the property owner.
Statute Of Limitations
The statute of limitations is the amount of time that you have before you can no longer expect to win compensation for your injuries. In Florida, the statute of limitations is two years from the date of the injury, so if more than 24 months have elapsed, you won’t be able to win your case.
However, this statutory period varies by jurisdiction, so living in a different state may be different. Generally, the statute of limitations in any given state is between one and four years from the date of the incident.
If you don't file your claim within the statute of limitations, it may be dismissed, and you will not be able to receive compensation.
Legal Procedure And Timelines
The length of your case can vary depending on factors such as the severity of your injuries, the extent of medical treatment required, and the complexity of the evidence. Having an experienced lawyer on your side will significantly improve your chances of a successful outcome.
Dealing with Insurance Companies
Once we have filed your claim, we will then begin dealing directly with the property owner’s insurance company through their insurance adjusters.
An insurance adjuster investigates the incident, assesses your injuries, and determines the value of your claim. They are representatives of the insurance company, and their primary goal is to settle the claim quickly and for a low amount.
Some important points to keep in mind when dealing with insurance adjusters are:
- They are not your friends. They may present themselves as friendly and helpful, but their main goal is to save the insurance company money.
- Once you’ve retained an attorney, you shouldn’t make any statements to them or sign any documents until the attorney has approved first.
Calculating Damages And Compensation
A delay in filing an injury lawsuit should not have any impact on your ability to get compensation from the negligent party. If you have a case, the property owner should still be liable to pay for your medical bills, loss of income, and any other damages you may have suffered due to your injuries.
To calculate the damages and compensation for your delayed injury fall claim, you should consider economic and non-economic issues and gather the necessary documentation to support your case.
Types Of Damages
Economic damages are quantifiable financial losses that result from your injury. They include:
- Medical expenses: Cost of treatment, medication, and therapy.
- Loss of earning capacity: Money you lose due to your inability or reduced ability to work.
- Out-of-pocket Expenses: Any additional costs incurred due to your injury, such as travel expenses for doctor visits or hiring help for daily tasks.
Non-economic damages are more subjective and difficult to quantify as they have no direct monetary value. They include:
- Pain and Suffering: Physical and mental anguish resulting from your injury.
- Loss of Enjoyment: Due to the injury, limited ability to participate in activities, hobbies, or social events.
Determining Claim Worth
To calculate the value of your claim, you need to consider economic and non-economic damages. A simple formula to help you estimate your compensation amount is:
Total Compensation = Economic Damages + Non-economic Damages
To calculate economic damages, you should gather all relevant documentation showing your medical costs, lost wages, and out-of-pocket expenses. This documentation can help you determine the exact amount of your financial losses.
Estimating non-economic damages such as pain and suffering can be more complex, as it depends on the individual's circumstances and the severity of the injury. There’s no "one size fits all" formula.
Still, a common approach is to multiply your economic damages by a multiplier, usually between 1.5 and 5, based on the severity of your injury and its long-term impact on your life. When calculating the value of your claim, remember to factor in a possible percentage of your fault, as this may reduce your compensation amount.
Speak To An Attorney About Your Claim
In slip-and-fall cases involving delayed injury, it’s always your best bet to hire an experienced personal injury attorney instead of dealing directly with a property owner’s insurance company. The injury attorneys at Weinstein Legal Team have the experience and expertise to fight on your behalf and get the maximum settlement for your damages.
Our personal injury attorneys also work on a contingency fee, which means you don’t pay any costs or fees unless we win your case. If you’d like to speak with an attorney about your slip and fall injury, click here to schedule a free consultation or call us today at 888.626.1108.