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Do the government entity usually settle or go to trial for trip and fall clams in florida?

Titusville, FL |
Filed under: Personal injury

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Attorney answers 4


In my experience, which is not vast compared to some other lawyers, they go to trial. I settled one after we picked a jury. All others were settled through pleadings, in the government's favor. They never got to go to trial. I have found the government to be an aggressive litigator/stubborn defendant.

The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button


Each case is different and it will depend on the facts in a particular case, but most Florida governmental entities take a tough stand on personal injury cases in general and slip and fall cases in particular.

The above is general advice regarding applicable state law. It does not create an attorney-client relationship in any specific case.


In my experience most government entities will take a hard line stance to most issues. In addition, depending on exactly what occurred in your case, if it is a slip and fall the initial burden lies with you the plaintiff. I would recommend contacting a local injury attorney that handles these types of cases to discuss the details. It's always better to know your available options and make a informed decision, rather than wait and have time run out.

The information presented is for information purposes only based on the information provided. An attorney client relationship is not formed.

Christian A. Myer

Christian A. Myer


Mr. Mastrogiovanni makes a great point. Any personal injury claims against government entities are rarely, if ever settled pre suit. But you cannot file suit until lengthy notice requirements are met. Damages are capped (in most cases) so alot of careful thought before an attorney decides to pursue these type of cases. An attorney should not take your case unless they are willing to take file suit with the understanding that trial is very possible as these cases are rarely settled without litigation. Good question to ask your prospective attorney is how many government cases they have handled as they take a slightly different approach than your typical personal injury case. Good luck and btw this attorney above me is not only a great contributor on AVVO, but also a very talented trial attorney.


You need a lawyer. First you have to give government special notice that you intend to sue it. This must be done befote you file suit and at least 6 months before the stsatute of limitation runs out. The statute of limitations is 3 years for this lawsuit and time negins to run from the date of the accident. Hire a lawyer and give her a copy of my answer. Kevin Griffin., in Ft Pierce. 772 489 7776

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