What is Florida Personal Injury Law?
If you’ve been injured due to the explicit intent or negligence of another person, there are laws in place that are designed to protect you. Florida legislatures have ensured these personal injury laws protect your rights and offer victims an opportunity to seek compensatory damages for the injuries they suffer due to another person’s negligence.
Here, we’ll detail the basics of personal injury law in Florida, including what it is, how it’s applied, the claims process, and more. Understanding Florida personal injury legal definition is key to ensuring that you have the knowledge needed to pursue your claim. If you need more personalized information, we’re here to help. Contact Ziegler Diamond Law today for your free initial consultation.
Introduction to Florida Personal Injury Law
The legal concept of negligence serves as the cornerstone in personal injury cases. Understanding Florida personal injury law means recognizing that the success of your case hinges largely on your lawyer’s ability to pinpoint negligent conduct and establish a direct link between it and your injuries.
To build a solid personal injury claim your lawyer needs to demonstrate that the accused party:
- Had an obligation to prioritize your safety
- Failed to meet that obligation
- Directly caused the harm you endured
It’s important to note that Florida follows a system known as comparative negligence. This implies that if you share some degree of blame for the accident, the compensation amount you’re entitled to may be adjusted accordingly.
For example, let’s assume that you’re deemed responsible for 25% of the incident that resulted in your injuries. In such a scenario, chances are that you’d receive no more than 75% of the total damages awarded to you.
Florida Personal Injury Statute of Limitations
The statute of limitations to start the Florida personal injury claims process is two years. Failing to submit a claim or file a lawsuit before the status expires will most likely result in an inability to seek damages.
However, there are a few notable exceptions to this time constraint, including:
- The plaintiff didn’t immediately realize they were harmed
- The injury happened to a minor
- The defendant intentionally misled the victim to stop them from filing
- The defendant flees the state to avoid the lawsuit
- Mental incapacity due to the injury
If you’re an accident victim in Florida, It’s essential to consult with a proven lawyer to ensure that you file your claim within the appropriate time frame.
Types of Personal Injury Claims in Florida
Florida accident law covers a wide range of personal injury claims. Some of the most common include:
- Car Accidents: Usually the result of another driver’s negligence. Your attorney must show that the at fault driver was responsible for your injuries.
- Slip and Fall Accidents: Property owners have a duty to maintain safe premises. If they don’t they could face civil penalties and lawsuits.
- Medical Malpractice: Healthcare professionals (i.e., doctors, nurses, or hospital employees) whose negligence results in patient injuries or even loss of life can be liable for all resulting damages.
- Product Liability: If a product has defects and causes harm, the manufacturer, sellers, and even distributors may be liable.
- Premises Liability: Property owners have a duty to maintain a safe environment and warn visitors about potential hazards.
- Motorcycle Accidents: These collisions often result in serious bodily injury or even wrongful death, due to the lack of protection riders have.
- Pedestrian Accidents: Typically involve individuals being struck by vehicles resulting in significant injuries.
- Rideshare Accidents: These are among some of the most complex types of cases, and typically require the help of a knowledgeable lawyer.
- Accidents At Work: Accidents that happen at work that may require filing a worker’s compensation claim or personal injury claim against third party contractors.
- Truck Accidents: Often serious accidents that involve commercial trucks, where multiple parties may share liability.
Whether you’ve been injured in a car accident or at the hands of a trusted medical provider, the attorneys at Ziegler Diamond Law are here to help you seek maximum compensation for your injuries – And not a penny less. Give us a call today to discuss the details of your case and learn the basics of Florida personal injury law.
How Does Florida Personal Injury Law Work?
The personal injury process in Florida is similar to many other states, but there are a few differences that can have a major impact on the outcome of your case. Regardless of how or where the accident happened, your very first step should be to seek immediate medical attention (even if you’re not sure if you’re hurt). Understanding Florida personal injury law explained can help guide you through this process.
The next step is to file a claim with the defendant’s insurer (usually with the help of your attorney). This process requires a bit of patience, as it can take anywhere from a few weeks to months, depending on the complexity of the case. If the insurance company denies your claim or makes a low-ball offer, your attorney may.
- Negotiate aggressively to ensure you get the compensation you deserve, and/or
- Recommend taking your case to trial
Regarding car accidents, Florida is a no-fault state – That means that those injured in a car accident must file a claim with their insurance provider first (using their PIP coverage). However, if you’ve suffered serious injuries, that might not be enough, and you may be eligible to file a claim against the defendant’s insurance provider to recoup your current and future losses. Florida injury law basics ensure that you understand the steps involved in these claims.
Proving Liability in a Personal Injury Case
Proving liability requires that you and your attorney provide proof that your injuries were caused by the negligence or intentional acts of another party. In many cases, this requires your attorney to collect evidence (i.e., medical records, eyewitness statements, security footage, etc.) and sometimes expert testimony.
Common Florida personal injury law examples can include anything from a car accident caused by a distracted driver to a slip and fall due to poor property maintenance.
Compensation Available in Personal Injury Claims
Injuries due to the negligence of another person can totally upend your life. Not only can they cause immense physical pain, but they’re expensive. Sometimes, the effects of the injury can last a lifetime.
As such, Florida’s personal injury laws ensure that accident victims have the ability to seek fair compensation for all damages that can be attributed to the accident, including:
- Medical Expenses: This can include full reimbursement for hospital stays, surgeries, and rehabilitation.
- Lost Wages: Compensation for current and future income lost due to your injuries.
- Pain and Suffering: Including non-economic damages for emotional distress and reduced quality of life.
- Punitive Damages: Punitive damages may be awarded to punish egregious behavior by the defendant. However, this is very rare.
Importance of Legal Representation in Florida Personal Injury Cases
While a brief Florida injury law overview can be helpful, it’s not a substitute for an experienced attorney. When you partner with us, we’ll take care of:
- Gathering and qualifying evidence
- Negotiating with insurers
- Protecting your legal rights
- Maximizing your compensation
- Taking your case to trial if necessary
If you’ve been injured due to the intent or negligence of another person or entity, the personal injury lawyers at Ziegler Diamond Law won’t stop fighting until we’ve secured fair compensation on behalf of you and your family. Don’t wait until it’s too late to file a claim – Contact us for a free case evaluation with an attorney you can trust.
