What Are the Steps Involved for a Slip and Fall Case?
People slip and fall, everyone is human and it does happen. But if you are injured when you fell, and the slip or trip happened on another’s property, a lawsuit could follow. This is true in situations where the property owner was negligent. But, there are statute of limitations to restrict the amount of time in which a slip and fall case can be filed. In Florida, injured victims must file within four years of the date the event that caused the injury occurred.
Even with four years to file, there are elements of a slip and fall case that require immediate action in order to secure the maximum damage amounts. Contact a Miami injury lawyer to understand what steps are needed to strengthen your case.
Complaint, Summons, and the Discovery Phase
With a lawyer advocating for you, moving forward with a case is in the hands of a legal professional. One of the first steps is the attorney will notify the defendant of the claim. The documents will clearly spell out all of the necessary information, including the following:
- Who was involved in the accident.
- How the slip, trip, or fall happened.
- Who is at fault and why.
- What amount should be paid.
During the discovery phase, information about the case is gathered. This is done by both parties, the defendant and the plaintiff. There may be interrogatories as part of the discovery phase. This is a common method for obtaining information. Typically, written questions will be served to the opposing party. Then, the party answers those questions in writing.
In slip and fall cases, it is up to the plaintiff to prove their case. For this reason, there are often many documents needed to solidify one person’s side of the story. Depending on the complexity of the case, the timeframe can vary. In some instances the discovery phase takes months. There are examples of complex cases when the discovery phase takes years.
Motions and Mediation
Before a trial, there can be pre-trial motions, these give the people involved an opportunity to file motions with the court before a trial occurs. A common example of this is a motion to dismiss, when this type of pre-trial motion is filed the defendant is essentially requesting to dismiss the case in full.
There are also times when the parties are able to settle the case through mediation. When a settlement conference or mediation is successful, the case does not have to go to trial. When a mediation process is successful, a mediator has negotiated with the parties involved. For a settlement conference, a judge would be present.
Of course, a Miami injury lawyer has the knowledge to support your case at each and every phase, including when a lawsuit goes to trial.
Were you a victim injured in a slip and fall event? An experienced attorney can help. Talk to the Miami personal injury attorneys at Spencer Morgan Law. We have experience taking cases to trial. Contact us today at 305-423-3800 to schedule your free consultation.