Florida saw the most personal injury lawsuits. A new report reveals that per 100,000 residents, the state had at least 127 personal injury cases. In a statement, State Sen. President Kathleen Passidomo says that sufferers should be compensated quickly.
How? After an accident where someone else is responsible, what’s the right way to file for a personal injury claim?
The answer is to understand Florida’s personal injury law.
Let’s discuss the state law around personal injuries.
What Qualifies as a Personal Injury?
It can be a physical or emotional injury to you after an accident. Regarding a case, you can also demand compensation for property damages.
An accident qualifies as a personal injury case when someone else is responsible for the incident. With the help of a personal injury law, you can make the responsible party pay for your damages.
What are the Different Types of Personal Injury Cases?
An accident that can be a personal injury case results from someone else’s actions. For example, if you slip and sustain injuries because a restaurant’s floor is wet, you can take a legal step.
Some of the most common cases in Florida are:
- Car accidents
- Medical malpractices
- Workplace accidents
- Slip and fall
- Dog bites or pet attacks
- Assault
- Construction site accidents
- Faulty and unsafe product accidents
How To Deal With Personal Injuries Due to Negligence in Florida?
The Florida negligence law allows an injured individual to hold a person responsible for injuries and damages. The victim can ask for compensation. How?
The injured party can file a case with the assistance of an experienced Cape Coral personal injury lawyer. The attorney or law firm collects evidence, negotiates on behalf of their client, and settles the right amount of damages.
What is Florida Negligence Law or Florida Comparative Negligence Law?
It gives a person the right to seek compensation for damages caused by someone else’s negligence.
Recently, the state introduced a new law.
The New Florida Comparative Negligence Law is a personal injury law modified comparative negligence rule. Signed into law in March 2023, it enables injured parties to recover damages even if they are 50% less responsible for an accident that leads to their injuries.
Cases resulting from medical malpractice are excluded from the New Florida Comparative Negligence Law.
What Personal Injury Damages Can You Sue for?
The answer is injuries caused by the accident.
In addition to compensation for your medical bills, you can sue the third party for other damages, such as:
- Follow-up health checkups
- Rehabilitative care
- Property damage (If any)
- Lost wages
- Emotional damage
You can also file for compensation if you require help caring for your family.
How Do You File a Personal Injury Case?
In a lawsuit, you must prove that someone else is responsible for your injuries. Although you can file a claim independently, hiring a professional personal injury lawyer is recommended.
An attorney experienced in handling personal injury cases knows how to navigate, collect proof, and hold the third party accountable for the accident.
Also, filing a case is a multi-step approach.
- Step 1: Obtain medical records
- Step 2: Consult a lawyer
- Step 3: Collect evidence
- Step 4: Establish negligence
- Step 5: Prepare and serve notice
- Step 6: File a personal injury lawsuit
How is Compensation Calculated in Personal Injury Cases? [Factors]
What is the right compensation amount for your injuries and damages?
A number of factors come together to support your personal injury claim. They include:
- Medical bills
- Document to support ‘lost wages’ claims
- Your doctor
- Eyewitnesses
- Bills of damages
What Are the Personal Injury Statutes of Limitations in Florida?
The statute of limitations, the time limit for filing a lawsuit in Florida, depends on the case.
According to Florida Statutes § 95.11(3)(a), the statute of limitations for some personal injury lawsuits is two years. They are:
- Car/truck/motorcycle/pedestrian accidents
- Slip and fall
- Dog or pet bites
If a victim fails to bring your lawsuit, Florida law prohibits you from seeking compensation from the responsible individual.
What is Florida's No-Fault Law?
It is a No-Fault Motor Vehicle Law in Florida that pays your bills – even if you are at fault.
For example, if you’ve been injured in a road accident and are responsible for the incident, your No-Fault coverage covers you with a minimum limit of $10,000.
You must have Personal Injury Protection (PIP) coverage to qualify for Florida’s No-Fault Law. It can help you pay 80% of hospital bills and more than half of lost wages.
Can You Sue the Government for Personal Injury Due to Negligence in Florida?
If a state agency is responsible for negligence, you can, under some circumstances, file a personal injury case against the government of Florida.
As per the Florida Statutes section 768.28, you can:
- File a lawsuit after 180 days of investigating, showcasing that a state agency is responsible for the incident
- Sue the state government within three years of the incident
How Can A Personal Injury Lawyer Help You?
As discussed above, a personal injury law firm or a lawyer can assist you in navigating the complex Florida personal injury law and getting the rightful compensation.
A lawyer files a case on your behalf, collects evidence, negotiates with the responsible party, and represents you in court (if required).
Apart from that, an attorney handles all the legalities and lets you focus on your recovery.
If you or your loved one has been injured in Florida due to someone else’s negligence, consult Berke Law Firm. The experienced law firm has been handling personal injury cases in the state for more than 35+ years.
Call (800) 572-3753 for FREE, immediate case evaluation!
Mr. Berke is an experienced attorney based in Southwest Florida. He received his Bachelor of Science in Business Degree from Indiana University in 1982 and his Juris Doctor Degree from the University of Florida in 1985. Since 1986, he has been running his own law firm, Berke Law Firm, P.A., exclusively representing injured individuals. He is admitted to practice in various courts, including the Supreme Court of the United States. Mr. Berke specializes in workers' compensation, social security disability, defective drug/device litigation, employment law, and overtime claims. He is actively involved in professional associations and community organizations, advocating for the rights of employees and claimants.