What to Do After a Personal Injury at the Ocala Downtown Market
Bill Allen | November 15, 2024 | Personal Injury
If you’ve suffered a personal injury at the Ocala Downtown Market, you might not be sure how to proceed. One of the most challenging aspects of an Ocala Downtown Market injury case from a legal point of view is the fact that the market’s ownership and management is a mix of public and private entities. Because of special legal restrictions on suing a government, you’ll need to handle public and private defendants in different ways.
If you have been injured at the market, take the following steps:
1: Prioritize Your Health and Safety
Your health and safety must come first for both medical and legal reasons. Seek immediate medical attention even if your injuries seem minor. That might mean first aid, or it might mean a trip to the hospital in an ambulance. For the sake of your health, err on the side of caution.
The main legal reasons why you should seek prompt medical assistance at a hospital are that:
- Medical records can uncover injuries you didn’t even know you had, and
- Medical records generated immediately after your injuries are some of the most credible possible forms of evidence for a personal injury.
Keep in mind that doctors are professionals who have no motivation to falsify the nature or severity of your injuries. Delaying medical treatment could ruin your claim.
2. Gather Evidence at the Scene
If your injury was significant, you may not have been able to collect evidence at the scene. In that case, it’s helpful if you had a friend or relative with you at the time. The first step is to obtain contact information from any witnesses to the incident. Guests at the scene can provide more reliable testimony than market staff, as employees may have conflicts of interest that could affect their statements in a potential claim.
Next, take photos of the site of the accident, noting any hazards that may have contributed to the accident. That might mean uneven pavement, loose cables, or wet surfaces. Act with all due haste, because this kind of evidence can disappear quickly.
3. Report the Accident to the Appropriate Authorities
The Ocala Downtown Market is a mixture of public and private ownership and management. Consequently, it’s not always clear who is responsible for an accident. A lot depends on where your accident occurs. Find out who is responsible for the area where the accident occurred. Have them generate a written accident report and provide you with a copy. Clarify or dispute any errors that you find.
4. Determine Liability
Who is liable for your accident, and are they a public or a private entity? You might have suffered food poisoning at a private food vendor, for example, or you might have slipped and fell on a public sidewalk. Under certain circumstances, you might name both a public entity (the City of Ocala, for example) and a private entity. If you are suing a government entity, special rules apply that make it difficult for you to win your claim, so make sure to discuss this issue with your attorney.
5. Settle or Mediate Your Claim
Reaching a settlement or opting for mediation early in the process can save you the time, stress, and expense of going to court. You might also consider mediation. Mediation allows both parties to negotiate with the help of a neutral third party, often resulting in a mutually agreeable resolution or settlement. If a fair settlement is offered, it can prevent the lengthy litigation process, reduce legal fees, and bring a quicker end to your case, allowing you to move forward without the uncertainty of a trial.
6. File a Lawsuit (If Necessary)
Most personal injury claims are resolved without a lawsuit. Even when a lawsuit is filed, most cases settle before reaching trial. However, filing a lawsuit can be a strategic move because it grants access to the pretrial discovery process, allowing for comprehensive evidence gathering. This process can build a strong case and often leads to a more favorable settlement.
7. Understand How Contributory Fault Applies
If you were partially at fault for the accident, Florida may reduce or even eliminate your compensation based on a rule called contributory fault. Florida follows a modified comparative negligence system, which allows you to recover damages as long as you are not more than 50% at fault. However, your recovery will be reduced in proportion to your percentage of fault. For example, if you are 20% at fault, your recovery will be reduced by 20%. If you are found to be more than 50% responsible, you will be ineligible for compensation.
8. Be Aware of the Statute of Limitations
In most Florida personal injury cases, you have only two years from the date of your injury to file a lawsuit. If you miss the deadline and no exception applies, you won’t be able to recover compensation at all.
Contact Our Ocala Personal Injury Law Firm in North Central Florida
If your injuries are more than minimal, you’re probably going to need a Gainesville, Florida, personal injury attorney to help you negotiate a settlement. Your case is likely to involve considerable complexity because of the mixed public/private nature of the Ocala Downtown Market.
A Florida premises liability lawyer can investigate your case, identify the appropriate defendants, and help you negotiate a settlement. Schedule a free initial consultation with Allen Law Accident & Injury Lawyers to help clarify your legal rights and options.
If you need legal assistance, contact the Ocala personal injury lawyers at Allen Law Firm, P.A. at your nearest location to schedule a free consultation today.
We have three convenient locations in North Central Florida:
Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258
Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292
Allen Law Accident & Injury Lawyers – Gainesville office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652
