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Sep
2024

How Do I Sue a Store for Injury in Florida?

on  Personal Injury

When you walk into a store, the last thing you expect is to leave with an injury. Yet, it happens more often than most people realize. Suddenly, victims find themselves struggling with pain, mounting medical bills, and possibly lost wages. In these moments, the question “How do I sue a store for injury?” becomes crucial, even if it’s not a path they ever imagined taking.

To get money to pay for your slip-and-fall injuries, you’ll need to prove that the store owner was negligent. Florida law requires store owners to maintain a safe environment for their guests and customers. When they fail to do so – they can be held liable for accidents and injuries. 

When Is Suing a Store for Injury Necessary? 

Maybe you slipped on a wet floor at Publix or tripped over an unmarked hazard at Walmart. Perhaps a falling object struck you at Home Depot, or you were injured by a malfunctioning shopping cart at Winn-Dixie. Whatever happened, you’re dealing with pain, medical bills, and possibly lost wages. It’s a lot to handle, but you don’t have to face it alone.

You might be wondering, “Do I really need to sue?” It’s a valid question. In an ideal world, the store would take responsibility and cover your expenses easily. But the reality is often more complicated. 

Stores and their insurance companies are businesses and are often more concerned with their bottom line than your well-being. They might try to minimize your injury, shift blame, or offer a far less settlement than you deserve.

That’s where a premises liability lawsuit comes in. It’s not about being greedy or vindictive. It’s about standing up for your rights and trying to make you “whole” again after someone else’s negligence resulted in your injury. A lawsuit can help you recover:

  • Medical expenses (both current and future)
  • Lost wages
  • Pain and suffering
  • Rehabilitation costs
  • Other damages related to your injury

Many injury victims feel uncomfortable with the idea of suing. It’s a normal reaction. However, experienced Florida premises liability lawyers understand that suing a store isn’t about seeking revenge or an easy payday. It’s about ensuring injury victims have the resources to recover fully and rebuild their lives.

Often, suing a store for injury is the only way to get a business or its insurance company to take the situation seriously. Our Florida premises liability attorneys have seen countless cases where hardworking individuals tried to handle things on their own, only to end up overwhelmed by expenses and lingering health issues.

That’s why understanding how to sue a store for injury in Florida is so important. While it’s not a step to take lightly, protecting one’s health, finances, and future is necessary. A knowledgeable lawyer at Prosper Shaked Accident Injury Attorneys, PA., can guide you through this process.

Understanding Premises Liability in Florida

To sue a store for an injury, you need to understand the legal principle known as premises liability. In Florida, property owners, including store owners, are required to maintain safe premises. This means they have a legal duty to keep their property free from hazards that could potentially harm customers and visitors.

If a store owner fails to maintain safe conditions, and you’re injured as a result, they could be held liable for your injuries under Florida’s premises liability laws. However, it’s important to understand that just because you were injured doesn’t automatically mean the store is liable. You will need to prove that the store’s negligence caused your injury. For example, if they failed to clean up a spill, repair a broken step, or warn you of a known hazard.

Common Types of Store Injuries

Injuries can occur in many different ways inside a store, and understanding the nature of the injury helps shape your case. Some common types of store injuries include:

  • Slip and fall accidents: These occur when you slip on a substance like water, oil, or debris on the floor.
  • Trip and fall accidents: This happens when you trip over an uneven surface, a torn carpet, or merchandise left in aisles.
  • Falling objects: Shelves stocked improperly or carelessly can cause items to fall, resulting in injury.
  • Parking lot accidents: Poor lighting, potholes, or lack of maintenance in the parking lot can lead to accidents.
  • Assaults due to inadequate security: If a store fails to provide adequate security and you’re assaulted, they may be liable.

How to File a Personal Injury Lawsuit in Florida After an Injury in a Store

If you were injured in a store due to the negligence of the owner or their staff, you may be eligible to file a personal injury lawsuit. The goal of such a lawsuit is to hold the responsible party accountable and seek compensation for your injuries. However, the process of filing a lawsuit is more involved than simply stating your injury.

Filing a Complaint

The first step in a personal injury lawsuit is filing a complaint with the court. This document must clearly outline your claim—detailing how the store’s negligence caused your injury—and specify the relief you’re seeking, such as compensation for medical bills, lost wages, or pain and suffering. You’ll need to file this complaint in a Florida court that has the proper jurisdiction over your case.

Filing a personal injury lawsuit is not a straightforward process. There are strict rules and procedures to follow, and for someone who hasn’t dealt with litigation before, it can quickly become overwhelming. Missteps, such as missing deadlines or submitting incorrect paperwork, can harm your case and reduce your chances of receiving fair compensation.

How an Experienced Florida Injury Attorney Can Help

While it may be tempting to handle the case on your own, working with an experienced injury attorney can make a significant difference. One major advantage is that a skilled lawyer understands the real value of your case. People often underestimate how much compensation they’re entitled to, especially when factoring in future medical expenses, ongoing therapy, or long-term impacts on their ability to work. Misjudging these costs can leave you with an amount that won’t fully cover your recovery.

Another key benefit of having a lawyer is complying with Florida’s legal requirements. An experienced personal injury attorney knows the nuances of Florida’s premises liability laws and can represent you effectively in court. For example, if you’ve been involved in a slip and fall accident, our firm can guide you through your legal options and help you navigate the complexities of your case.

Proving the Store’s Liability

As part of your lawsuit, you and your attorney will need to gather evidence to prove that the store was negligent. This may involve obtaining the following:

  • Surveillance footage: Many stores have security cameras that record the premises. Video footage of your accident can serve as critical evidence.
  • Maintenance records: These can show whether the store was aware of the hazard that caused your injury and whether they took steps to address it.
  • Incident reports: Stores often generate internal reports following accidents. Your attorney can request this information during the discovery process.
  • Witness testimony: Statements from witnesses who saw the accident can help support your claim.

Contact Our Florida Premises Liability Lawyers Today

You can seek compensation if you’ve been injured in a store due to negligence. Suing a store for an injury in Florida can be complex, involving proving negligence, gathering evidence, negotiating with insurance companies, and potentially filing a lawsuit. With the guidance of a skilled attorney at our law firm, you can improve your chances of receiving the compensation you deserve.

At Prosper Shaked Accident Injury Attorneys PA, we are committed to helping injury victims throughout Florida. If you’ve been injured in a store, contact us for a free consultation to discuss your case and explore your legal options.