What should I do if I am being sued by a customer for an injury they sustained on my business premises in Florida?
If you are being sued by a customer for an injury they sustained on your business premises in Florida, there are several actions that you should take:
- Contact your insurance company: If you have business liability insurance, contact your insurance company immediately to report the claim. Your insurance policy may cover the damages and legal fees associated with the lawsuit.
- Hire a personal injury lawyer: Hire an experienced personal injury lawyer who has worked on cases similar to yours. A personal injury lawyer can provide legal representation and guidance throughout the lawsuit.
- Gather evidence: Collect and organize all documents related to the accident, including incident reports, witness statements, surveillance footage, and medical records. These documents can support your defense and help your lawyer understand the circumstances surrounding the incident.
- Respond to the lawsuit: You must respond to the lawsuit within the time frame provided by the court. Failure to respond can result in a default judgment against you. Your lawyer can prepare and file a response on your behalf.
- Negotiate a settlement: Your lawyer can negotiate a settlement with the plaintiff's lawyer to resolve the lawsuit outside of court. A settlement can save you time and money, but it is important to consult with your lawyer before agreeing to any settlement terms.
It is important to note that Florida is a comparative negligence state, which means that the court will evaluate the actions of both the plaintiff and the defendant in determining liability. If the plaintiff is found to be partially responsible for their injuries, their recovery may be reduced proportionally to their degree of fault.
If you are not insured or your insurance coverage is not sufficient to cover damages, it may be wise to consider consulting with a bankruptcy lawyer to discuss your options. Filing for bankruptcy may protect your assets and discharge any outstanding debts related to the lawsuit. However, bankruptcy should only be considered as a last resort, and should be discussed with an experienced bankruptcy attorney.