8 Things To Know About Florida’s Personal Injury Laws
Florida’s personal injury laws are complex, constantly changing, and highly nuanced. Knowing the essential aspects of these accident laws can help ensure your rights are protected and you receive fair compensation for injuries caused by negligent parties.
Here, we’ll detail eight of the most important aspects of Florida accident laws, including how they can impact your case. If you have questions pertaining to your specific case, we’re here to help. Contact Ziegler Diamond Law today for a free consultation with an experienced personal injury attorney in Florida.
1. Florida Personal Injury Statute of Limitations
One of the most important things about Florida personal injury laws is the time you have to file a claim after sustaining and/or learning about an injury. In the past, Florida personal injury laws allowed individuals to file personal injury cases up to four years after the date of the accident. However, in 2023, state legislatures amended the statute of limitations, and shortened it two years. If you wait longer than two years to file, you may forfeit your right to file a claim.
2. Modified Comparative Negligence Rule
What separates Florida personal injury laws from many other states is they operate under the rules of modified comparative negligence. That means that if you’re more than 50% responsible for your injury, you’re not eligible to recover any damages.
Further, if you have any blame (less than 50%), your potential for recovery is decreased by that amount. Here’s an example: Suppose you’re injured in a car accident, and you’re 15% responsible for the accident. In that case, your potential recovery amount will be reduced by 15%.
Handling this aspect of Florida personal injury laws can be incredibly complex. This is why it’s essential to work with an attorney who can identify fault, push back against false claims, and fight for your right to maximum compensation.
3. Types of Damages You Can Recover
Serious injuries can affect your life in many ways. As such, Florida personal injury claims allow accident victims to seek compensation for a variety of damages, including but not limited to:
- Medical expenses
- Lost wages (current and future)
- Pain and suffering
- Emotional distress
- Property damage
Generally, the success of your personal injury case hinges on your attorney’s ability to prove negligence and the severity of your injuries.
4. No-Fault Insurance Laws
Another crucial aspect of personal injury laws Florida is it’s a “No-Fault” state. As such, every driver must carry their own Personal Injury Protection (PIP) insurance that covers at least $10,000 in medical expenses. This means that regardless of fault, each driver must first file a claim for medical bills with their insurer. However, if you’ve suffered severe injuries, you may be allowed to step outside of the no-fault framework and file a lawsuit.
5. Recent Legislative Changes Impacting Personal Injury Cases
In 2023, Florida legislatures made massive changes to the personal injury laws. A few of the most consequential changes to the law include:
- Reducing the statute of limitations from four years to two years
- Placing limits of attorney fee multipliers
- Broader rights for insurers to use health insurance rates to reduce compensation for future medical bills
Understanding personal injury laws in Florida isn’t an easy task, especially since they’re subject to changes. Using an updated Florida personal injury legal guide can be useful, but it’s no substitute for the experience and knowledge of a seasoned lawyer. Contact us today to learn how recent changes to the law may affect your claim.
6. How Florida’s Premises Liability Law Works
You can’t make a “Florida injury laws explained” guide without mentioning premises liability. In Florida, all property owners must ensure they keep their premises safe for guests, customers, and other visitors. If you’re injured due to an owner’s negligence, you may be eligible to file a premises liability claim.
This includes filing claims for injuries resulting from:
- Slip and fall accidents
- Lack of adequate security
- Hazardous conditions
- Poor maintenance
- Dog bites
- Swimming pool accidents
- Falling objects
- And more
If you’ve been injured due to the negligence of a property owner, you deserve justice. Give us a call today to discuss the details of your case with an experienced premises liability lawyer in Florida.
7. Timeframe for Resolving Personal Injury Claims
Every case is different. Most are resolved via settlement agreement, while others go to trial. With that in mind, it can take anywhere from a few months to years (for more complicated cases) to resolve a personal injury claim. Working with an attorney can help speed up the process while ensuring your rights are protected and you receive fair compensation for your injuries.
8. Working with a Personal Injury Lawyer
If you’re wondering “How do Florida personal injury laws work?,” it’s completely normal. The laws and procedures can be incredibly confusing and hard to understand without the help of a legal professional. A knowledgeable injury attorney can help:
- Determine the validity of your claim
- Collect evidence
- Enlist the services of expert witnesses
- Negotiate with insurers
- Protect your rights
- Ensure you submit accurate paperwork
- Maximize your compensation
- Take your case to court (if necessary)
It’s possible to file a personal injury claim on your own, but it could result in claim denials, bullying by insurance companies, and subpar settlement agreements. It’s your job to focus on recovering physically and psychologically after an accident. Let your attorney focus on obtaining maximum compensation for your injuries.
Contact Ziegler Diamond Law Today
From explaining Florida personal injury law basics to aggressively negotiating with insurers, the attorneys at Ziegler Diamond Law are here to help you seek justice and get the compensation you deserve – And the best part is, we don’t get paid unless you do.
Don’t wait until it’s too late to file a personal injury claim in Florida. Contact us today to schedule your free initial consultation with an attorney you can trust.
