Legal Question in Personal Injury in Florida

I had a slip and fall on hotel stairs in May 2014 in Florida. In Aug 2014 received a letter that it was found they were not at fault. There was a 7 days period in the fall and when the adjuster checked the property. They offered a money amount to settle. I disagreed, thinking it was their fault. It has rocked on with not contact since Aug 2014 and I just called to check on any progress and they told me the claim was closed due to unresponsiveness from me. Can they do that?


Asked on 3/24/16, 7:57 am

3 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Sure they can close file. You have 4 years to pursue your claim. You let a significant time elapse and devalued case as a result. You should have hired an attorney early on. We're photos taken of negligent dangerous condition ?

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Answered on 3/24/16, 8:04 am
David Slater David P. Slater, Esq.

Yes. You can sue them if you can prove they were at fault.

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Answered on 3/24/16, 8:25 am
Tina Willis Tina Willis Law - Orlando

I agree with both of the last two attorneys who replied. I just signed on to echo the fact that anyone who has an accident should call an attorney ASAP, not 2 years after the accident. Many things need to happen quickly to optimize the value of any case. Plus, except in a very narrow group of cases, talking to the adjuster yourself can do nothing but hurt your case value. They seek information with the only goal of paying you less money, and you will not know the innocent statements that could devalue your case. Again, you need a lawyer speaking for you. I personally haven't known anyone who was seriously injured AND had a decent amount of coverage get anywhere near what I thought was a reasonable value for the case when handling on their own. Lawyers file lawsuits and they aren't simple. So the idea of representing yourself is extremely short-sighted. I'm guessing we would have to decline this case based on things that probably haven't happened since the accident. I never know for sure but not talking to a lawyer early is often a deal breaker, especially for slip and fall cases, and even more true if you don't have clear photos or other evidence of liability. Lawyers could have helped you collect and establish needed evidence, much earlier in the process. That all being said, sometimes I take cases where a lot of time has passed. But very often I cannot -- due to evidence not collected or established.

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Answered on 3/24/16, 11:34 am


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