What You Need to Know About Personal Injury in Florida
When you are injured due to someone else’s negligence, you can file a personal injury claim to receive compensation for your damages. Here are frequently asked questions about personal injury law in Florida.
What is personal injury in Florida?
Personal injury in Florida occurs when an individual suffers an injury to their physical body or mind. Depending on the circumstances, claimants have the right to demand the responsible party compensate for their losses and injuries.
What is the statute of limitations for a personal injury claim in Florida?
The Statute of Limitations law allows an individual to file a personal injury claim within a set time frame. An individual in Florida has four years to file for general personal injury claims.
What kind of damages can I pursue in a personal injury claim in Florida?
An individual can pursue three kinds of damages: economic, non-economic, and punitive. Economic damages compensate for financial harm resulting from an accident. Non-economic damages compensate for non-financial losses, such as pain and suffering. Punitive damages punish a defendant for intentional misconduct.
What happens if I’m partly at fault in a personal injury accident in Florida?
Due to Florida’s pure comparative negligence system, an individual is entitled to pursue damages even if they are partially responsible for the accident and injuries.
What is Loss of Consortium in a personal injury claim in Florida?
As part of personal injury lawsuits in Florida, Loss of Consortium claims allow a victim’s spouse to file a personal injury claim. Loss of consortium is a legal term to describe how an injury has impacted one’s relationship.
What are the most common injuries in accidents in Florida?
In Florida, any accident can lead to a personal injury case. The most common injuries are whiplash, concussions, broken bones, internal bleeding, and herniated discs.
What is the most common accident in Florida?
Data from the National Highway Traffic Safety Administration found motor vehicle accidents were the most common type of personal injury claim, with over 6.7 million accidents annually in the US. Slip and fall accidents, medical malpractice, and workplace injuries are also common types of accidents in Florida.
What does it mean that Florida is a No-Fault State?
Because Florida is a no-fault state, vehicle owners must carry Personal Injury Protection (PIP) coverage as part of their auto insurance. Through Personal Injury Protection, motor vehicle accident victims obtain compensation through their own insurance, thus reducing the number of personal injury lawsuits.
What if I have a pre-existing condition in Florida?
If you have a pre-existing condition, it does not disqualify you from the ability to file a personal injury claim. However, victims in personal injury cases will not be able to receive compensation for injuries that didn’t result from the accident. If the pre-existing condition worsened due to an accident, you might pursue a claim.
What happens if more than one person is at fault for an accident in Florida?
Florida’s pure comparative negligence system assigns accountability to all responsible parties. As a result, Florida courts allocate damages between parties based on their percentage of fault.
How do I prove a negligence claim in a personal injury claim in Florida?
A negligence claim arises when an offender breaches a duty of care toward the defendant, resulting in an injury or damage. To prove a negligence claim, four elements must be present. The defendant must prove: that there was a duty of care, a breach of duty, causation, and damages.
How do I pay for my medical treatment while my injury claim is pending in Florida?
A letter of protection is a legally binding contract. Personal injury lawyers send out letters of protection. This contract allows the victim of a personal injury case to pay for medical treatment upon resolving their case.
How long does a personal injury case take to pursue in Florida?
There is no set time for how long a personal injury will take. Every case is different, so injury claims may take a few weeks, while some may take years to settle.
How will my injury claim be processed in Florida?
Filing an injury claim in Florida requires hiring a personal injury attorney. An attorney will help you outline a demand letter sent to the paying insurance company. After sending a demand letter, a complaint is formally issued to Florida courts. The next step involves a settlement and a trial.
How do personal injury attorneys get paid in Florida?
In Florida, personal injury lawyers are only paid based on contingency fees, meaning an attorney only gets paid based on their ability to win. Attorneys in Florida only receive compensation if they have successfully represented their clients.
How will the PIP Insurance rule affect my injury claim in Florida?
Personal Injury Protection (PIP) is required for all Florida drivers. Personal Injury Protection aims to ensure the victim’s medical bills are covered by at least 60% without requiring the need to sue the other driver in the accident.
Do claims have financial caps in personal injury cases in Florida?
There is only a financial cap if a plaintiff is suing against the government in Florida. Damages in cases against Florida’s government cannot exceed $200,000.
Do I still have a case if I have fully recovered from all my injuries in Florida?
Yes. Anybody who has suffered injuries from negligence is entitled to compensation no matter what stage of recovery they are at.
Do I need to see a doctor in Florida after an auto-accident injury accident?
Yes. Under Florida law, if you do not seek medical care within 14 days of your accident, you may lose your ability to claim your Personal Injury Protection. A doctor needs to provide medical documentation with details of the severity of your injuries and how they occurred.
Am I required to attend an Independent Medical Examination in Florida?
Florida courts often compel you to attend an Independent Medical Examination (IME). An Independent Medical Examination is a medical evaluation performed by an unbiased, third-party medical professional. Medical evaluation helps to affirm the injuries are as serious as the plaintiff claims.