Personal injury claims can come from a lot of places. Any injury caused by someone else’s negligence falls under the umbrella of personal injury law. This is especially crucial to remember in Florida, as personal injury laws recognize that the process of treating these injuries will incur high costs that must be appropriately compensated. A good way to evaluate the strength of your personal injury claim is to determine if the injuries could have been prevented if the proper protocols were observed. As a professional personal injury lawyer near me, Robinson and Casey Law will make it our mission to ensure that you are not only cognizant of the laws, but that you also receive the appropriate compensation for any wrongdoing committed against you. For today’s article, we will cover things to know about Florida’s personal injury laws.
Handling Your Personal Injuries Due To Negligence with a Personal Injury Lawyer Near Me
If you or someone in your immediate circle has been afflicted from injuries due to the negligence of another, it’s best to contact our personal injury law firm in Florida ASAP. Having an expert who is well-versed in the law will increase your likelihood of winning the case and receiving the compensation you deserve.
#1- Car-Related Accidents Are A Top Cause Of Personal Injury In Florida
Car crashes and other car-related incidents still sit at the top of the charts as the most common cause of personal injuries in Florida. According to data compiled by the Florida Department of Highway Safety and Motor Vehicles, 403,626 crashes were recorded in 2018. The crashes resulted in 236,157 recorded injuries, of which 19,196 left individuals incapacitated. Bear with us. There is a reason we have to mention this. It’s pertinent to know because in the state of Florida, the no-fault laws require that drivers carry at least $10,000 worth of personal injury protection (PIP). This means that regardless of who is at fault, insurance providers are required to cover the costs of Emergency Room visits, urgent care visits, and any related treatment up to at least $10,000.
#2- No-Fault Laws Will Not Absolve Liability
No-fault laws will only serve the purpose of guaranteeing that participants in the car crash are given the appropriate amount of medical care. It will not prevent anyone from proving fault towards another party or suing for damages, especially if they sustain serious injuries. Under the state’s personal injury laws, serious injuries to the body are defined as the following:
- Permanent
- Severe and permanent disfigurement or scarring
- Permanent loss of a bodily function
- It caused death
If you or anyone you know qualifies for one or more of these descriptions, our personal injury law firm in Florida will provide assistance. Timing is incredibly vital, since Florida has a statute of limitation that limits the amount of time that you can file a claim.
#3- Florida Will Recognize The Claim For 4 Years
As we touched on in the previous section, statutes of limitations will serve as deadlines from when any court can reasonably hear your case with evidence. This is why coordinating with your legal counsel is a good idea, as your case will require the accumulation of evidence as quickly as possible. The statute of limitations in Florida for personal injury cases is limited to just four years from the date the injury occurred. Pretty straightforward right? While it appears this way, the limitation does have a few exceptions. In rare situations, it can be extended for a longer period.
This is the case when certain injuries can be directly attributed to the accident, but the onset of the injury didn’t immediately occur. These types of situations are usually commonplace in medical malpractice cases, where the effects of the event could manifest later on in life. Should this be your case, the statute of limitations could be extended for another two years from the date the injury was discovered. The statute can even be paused in specific situations, (e.g.; the defendant exited the state, has gone into hiding, or is mentally incapacitated. Additionally, there is a requirement that to qualify for PIP benefits, you must seek treatment within fourteen days of a motor vehicle accident.
#4- Compensation For Pain & Suffering Depends On Several Factors
One of the most glaring costs that rise from personal injury cases are economic damages like medical costs and lost wages. These types of damages are easy to ascertain just by looking at your medical bills or from calculating how much money you lost during the time you weren’t working. With that being said, these are far from the only damages that are identified under Florida’s personal injury law. The other classification is known as non-economic damages, which include pain and suffering.
This type is not considered quantifiable, but regardless, it’s still valid in the eyes of the law. When it comes time to calculate the cost of pain and suffering damages, you are actually suing for both mental and physical injuries. The four types of factors that are considered when calculating these values are severity and type of injury, required medical treatment, recovery period, and effects of injury on your life.
#5- Evidence Is Crucial To Proving Pain & Suffering Claims
Once you and a lawyer from our personal injury law firm in Florida have determined that the pain and suffering claim will hold in court, now is the time to gather evidence. Suing for non-economic damages is much more complex than economic damages. Why? Simply put, pain and suffering are intangible and are not directly associated with monetary values. Aside from documents, you will also need to compile eyewitness testimony. Your doctor, mental health professional, spouse, family members, or you, can provide testimonies on these issues in court.
#6- Florida Uses Comparative Negligence Rules
Comparative negligence states that fault and/or negligence is often shared by each party that is involved in an accident. The sharing scheme is contingent on the actions that contributed to the accident, allowing insurers to pay their insurance claims. The different states in the US will have their own version of this law in effect. For instance, some states allow the party who is less at fault to receive compensation, while others don’t. Florida uses the pure comparative negligence rule, where the amount of compensation can be cut down, depending on the amount of fault you had in the accident.
#7- Enforcer Of The Punitive Damage Cap
Punitive damages are not common in Florida. This is because these damages are reserved for defendants whose actions are classified as gross negligence, malicious, and intentional. Apart from determining the intent, the court will also look at similar cases to see if anything was awarded to the plaintiff. The cap for punitive damages here in Florida are set at $500k or up to 3x the amount of compensatory damages. Punitive damages could be used by the plaintiff to cover additional medical bills, hospital expenses, or any property damage.
#8- You Can Sue Florida’s Government For Negligence
Although rare, a plaintiff can sue a government agency or office for negligence that stemmed from personal injuries. We have the Florida Statutes section 768.28 to thank for this. For more information on what the rules are for suing against a private entity, we encourage you to follow up with your legal team.
Top Personal Injury Law Firm Near Me In Florida
Robinson and Casey Law will provide legal assistance for your case. We want nothing more than for you to be successful in garnering your rightful compensation. To start working on your case, contact our personal injury law firm in Florida, today!
