FAQs About Premises Liability Claims in Florida
How Would Someone Know If They Have A Premises Liability Claim That Should Be Pursued?
If you feel that the reason that you were the victim of an injury that could have been prevented had someone done something a little bit better or different and as a result of your failure to know or appreciate a danger you were injured, then you probably have a premises liability case.
For example, if you go take out money at an ATM and that ATM had been robbed 10 times in the past month and no one has failed to tell you that this place is dangerous and there is no security guard to protect and, God forbid, you get robbed and injured, then you would have a claim against the bank. That is how premises liability cases usually work – failure to notify the victim of a foreseeable danger that would have prevented the harm.
What Are The Most Common Misconceptions People Have Regarding Premises Liability Claims?
The most common misconception is that just because somebody gets hurt as a result of falling, for example, that doesn’t necessarily mean that just the simple fact that you were injured there is a case against someone for that injury. It’s not always somebody else’s fault. That’s the most common misconception and the law firm of Izquierdo does a very good and thorough job of analyzing and evaluating whether or not, some things did occur that would cause their firm to get involved in helping of a criminal assault or an injury only if they feel that it’s something that could have been foreseeable, preventable and could have been done better.
How Long Does One Have To File A Premises Liability Claim?
Under premises liability general negligence, you would have four years from the date of the incident to file your lawsuit.
How Long Will A Premises Liability Case Take To Resolve?
All cases at Izquierdo law firm do not get resolved until the client has met her recovery goals, whether those are short term or long term. Typically, if you were seeing your doctor and you’re getting rehabilitative care for your injuries, the human body tends to heal within a six-month period. Sometimes, if the injuries are more pronounced and permanent and severe, then there is no waiting period for recovery. The law firm simply begins to litigate the case and file a lawsuit. On either side, usually within two years of the incident, your case should be either tried or settled in our firm.
Are Premises Liability Claims Different Than A Personal Injury Claim Of Another Nature?
Yes. Depending on whether or not there is a government agency involved or whether there is a hospital involved, the statute of limitations can be somewhat shorter. For example, in medical negligence cases, the statute is two years, so those cases are somewhat different than a premises case but general negligence, whether automobile or premises under the state is generally four years from the date of the incident to file a lawsuit.
Why Is There A Difference Between Personal Injury And Premises Liability Claims?
Those are differences that were created by the state legislature over the history of the State of Florida and they don’t have any real reason to be different other than that.
For example, the medical lobby was successful in limiting the amount of time you have to sue a doctor in the State of Florida from four years to two years, so that would be the only reason that it’s different.
What Sets Premises Liability Cases Apart From A Regular Personal Injury Claim?
These types of cases are somewhat different. All personal injury cases have nuances that one may have that the other may not. For example, economic damages, medical bills and those types of damages in premises cases are always admissible at a trial or as in automobile accident cases, you have several insurances involved in the case which get monies that are set off and things of that nature. So, they all have their differences but at the end, they are all the same as well. There are damages and if you suffered damages, whether it’s a result of a fall, whether it’s a result of being robbed at an ATM machine or whether you were just a victim of being in the wrong place at the wrong time, when you didn’t know that the place was dangerous and when you didn’t know that the place had no security and you were injured, those are the type of cases that the attorneys at Izquierdo law firm do and they have been doing it for the last 26 years. The law firm of Izquierdo focus a lot on those types of cases and premises cases and feel very strongly about them, especially if there are things that should have been done that could have been done with very little effort and something tragic could have been avoided. The law firm feels very strongly in advocating for victims in those types of cases.
Is It A Good Idea To Use Expert Witnesses To Prove A Premises Liability Case?
The Izquierdo law firm brings experts when these types of cases are before a court of law and the reasons that experts are used in these types of cases is because the expertise that the expert will bring in a case will aid in obtaining the most amount of recovery possible for a client. Experts are paid by the Izquierdo law firm at the inception of a case and should, for whatever reason, the case not result in a recovery, the client doesn’t owe the expenses of the case or the expert.
The Izquierdo law firm incurs those expenses and pays the experts and if they lose, the law firm will lose, if they win, the law firm will win. The Izquierdo law firm uses everything possible to try and obtain the most money for their client and if that means bringing in an expert to explain something better that is necessary for a jury or a presentation, then they use experts quite often.
If you have more questions regarding Premises Liability Claims, call the law office of Alexis Izquierdo for a free initial consultation now at (305) 985-7800 and get the information and legal answers you’re seeking.
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