Proving the cause of your fall, the park’s negligence, and their financial liability is a critical step after a slip and fall at a Florida amusement park. That means investigating the cause of your fall, compiling evidence, and filing an insurance claim or lawsuit. This can be a complex legal process, but you do not have to navigate it without legal support.
If you or someone you love was injured in an accidental fall, you could be entitled to financial compensation. A slip and fall accident lawyer in Florida can help you prove these factors and pursue financial recovery. Most offer a no-cost, no-obligation consultation with a legal team member who provides a free slip and fall injury review.
Establishing Fault After a Slip and Fall Accident at a Florida Amusement Park
Amusement parks are bustling places full of moving people, attractions, toys, souvenirs, and food and drinks. To recover damages in Florida park injury claims you must prove the following elements of negligence:
- Duty of care: The amusement park owes its guests a legal duty of care to provide safe environments, free of debris, unresolved spills, and other potentially hazardous conditions. It also includes the responsible use of golf carts and other vehicles that move around the park.
- Breach of duty: The amusement park’s (or park employees) failure to meet their legal duty, including not cleaning up food, beverage, or debris spills. It could also include unsafe lines and hazardous vehicle operations.
- Causation: Evidence that the amusement park’s action (or failure to take appropriate action) was the direct and provable cause of your fall. This means proving the breach of duty was not remote or unforeseeable.
- Damages: Evidence that your economic and non-economic damages are directly caused by your accident and resulting injuries. It also includes evidence of their costs.
Your evidence collection will prove these damages for you. They will also clarify the proximate cause test and its impact on your claim.
Key Evidence to Collect After an Amusement Park Slip and Fall
Your injury claim requires two types of evidence—one that proves the cause of your fall and one that proves its subsequent costs.
- Evidence that proves cause: Examples include police and park incident reports, photos of the accident scene and your injuries, smartphone or security camera footage, and witness statements from laypeople or experts.
- Evidence that proves costs: Medical records and bills, rehabilitation and therapy bills, future prognosis, and property repair or replacement bills and estimates
Collecting this evidence will take time and focus, a necessary part of a thorough investigation. If you are represented by a lawyer, they will handle this for you.
Understanding the Process for Filing a Slip and Fall Claim in Florida
Managing all the legal steps of a slip and fall accident can be challenging. The process can also be filled with legal and insurance jargon, forms, and filings. If you are represented by a lawyer, they can manage all of the following on your behalf:
- Identify the park’s insurance provider
- Complete and submit insurance claim forms
- Obtain all available footage from the park
- Conduct an independent investigation
- Accurately assess your damages
- Provide ongoing updates on your case
- Negotiate for a fair settlement
Legal support also means your lawyer’s focus on your financial recovery allows you to focus on recovering from your injuries or helping a loved one through their recovery period.
Legal Representation for an Amusement Park Accident in Florida at No Upfront Cost
Personal injury lawyers work on contingency, meaning they cover all the upfront and out-of-pocket costs of building your claim. It also means you only compensate the lawyer and law firm if and when they recover damages for you. Additionally, you owe no fees if they do not recover financial compensation for you.
Evaluating Recoverable Damages for Your Amusement Park Injuries
After a negligence-based accident, you can request various types of damages. Your recoverable economic damages can include:
- Past and future medical expenses
- Past and future lost wages
- Loss of future earning capacity
- Property damage or total loss
- Diminished property value
Your recoverable non-economic damages include:
- Disabling injuries
- Disfigurement
- Emotional distress
- Loss of enjoyment of life
- Mental anguish
- Pain and suffering
Wrongful death damages can be recovered for families who lost a loved one in an amusement park accident. These damages typically include:
- Funeral and burial
- Lost financial input
- Lost domestic service
- Loss of consortium
- Loss of companionship
- Loss of guidance
- Loss of support
In rare cases, punitive damages could be available.
Keep a detailed record of your expenses and gather bills and other documentation to substantiate their value. The insurance company will demand proof of your tangible and intangible expenses and losses. A lawyer can help you collect solid proof of your intangible damages.
Navigating Florida’s Deadlines for Filing a Slip and Fall Lawsuit
A 2023 change in the personal injury statute of limitations reduced the amount of time you have to take legal action from its previous four-year status. Today, according to Florida Statutes § 95.11, you generally have two years to file your personal injury or wrongful death lawsuit.
If the amusement park accident involved a minor (someone younger than 18 years old), the statute of limitations pauses until their 18th birthday. Florida Statutes § 95.051 outlines specific circumstances that could extend the filing deadline.
The best way to navigate these potential fluctuations is to let a lawyer handle it for you who will file your lawsuit in accordance with all applicable deadlines.
Seek Legal Assistance for Your Florida Amusement Park Slip and Fall Case
If you or a loved one was injured in an accidental fall at an amusement park, you could be entitled to financial recovery via the personal injury process. You do not have to pursue damages or know what to do after a slip and fall at a Florida amusement park alone.
Find out how our slip and fall accident attorneys can help you get fair compensation. Contact our consultation team at the Law Offices of Wolf & Pravato to get started today.
