If you are injured in Florida, you may be wondering what your legal options are. You may be entitled to compensation for your injuries, and a personal injury lawyer can help you get the money you deserve. Personal injury laws are designed to protect the injured party and ensure they are fairly compensated for their injuries.
Our Florida personal injury lawyers at The Fran Haasch Law Group will guide you through the claims process. We will answer any legal questions you have and tell you what applicable laws apply to your case. Contact us today for a free case evaluation.
What is The Statute of Limitations in Florida?
The statute of limitations is the time frame in which you have to file a personal injury lawsuit. In Florida, the statute of limitations for most personal injury claims is two years from the accident date. This means that if you do not file a lawsuit within two years of the date of your accident, you will be unable to recover damages.
Other Statutes and Laws that Can Affect a Personal Injury Claim
Some other statutes and laws can affect your personal injury claim.
No-Fault Insurance Laws for Car Accidents
Florida is a no-fault state when it comes to car accidents. You can only sue the other driver if your injuries meet a certain threshold. All drivers must carry personal injury protection (PIP) insurance in Florida. This type of insurance will cover your medical bills and lost income, regardless of who was responsible for the accident.
This is different from fault states, where the insurance company of the driver who was at fault for the car accident is responsible for the damages.
Wrongful Death
If you have lost a loved one due to someone else’s negligence, you may be able to file a wrongful death claim. In Florida, the statute of limitations for wrongful death claims is two years from the date of death.
Florida law requires the personal representative of the deceased’s estate to file a wrongful death claim. A personal representative may be a family member or not; whichever the case, they file the lawsuit on behalf of the deceased’s surviving family members.
Those eligible to recover compensation include the deceased’s:
- Parents
- Spouse
- Children
- Any other blood relative or adoptive sibling who was partly or wholly dependent on the deceased.
Motorcycle Accidents
Motorcycle accidents can be especially devastating due to the lack of protection riders have. If you have been involved in a motorcycle accident, you may be able to file a claim against the at-fault driver.
To prove that the other driver is liable for your injuries, you must show that they were negligent. This means that they failed to exercise a reasonable level of care and that their negligence resulted in your accident and injuries.
Some common examples of negligence include speeding, running a red light, or making an illegal turn. If the other driver was under the influence of drugs or alcohol at the time of the accident, this would also be negligence.
What is Negligence?
Negligence is a legal theory that is often used in personal injury cases. It essentially means that the person who caused your accident and injuries did not exercise a reasonable level of care and that their negligence resulted in your accident. To prove negligence, you will need to show four elements:
- Duty of care: The defendant had a duty to exercise a certain level of care.
- Breach of duty: The defendant breached their duty of care.
- Causation: The defendant’s breach of duty caused your accident and injuries.
- Damages: You suffered damages as a result of the accident.
If you can prove all four elements of negligence, you will be able to recover compensation for your damages.
Comparative Negligence in Florida
Florida follows a “comparative negligence” law regarding personal injury claims. As of March 2023, Florida’s legal fault system has shifted from a pure comparative fault model to a “greater percentage of fault” model under HB 837. This indicates that individuals who are more than 50% responsible for their own harm are prohibited from receiving any compensation.
What Are Some Common Injuries Sustained in Accidents?
Many different types of injuries can be sustained in an accident, but some of the most common include:
- Broken bones
- Lacerations
- Contusions
- Sprains and strains
- Whiplash
- Head injuries
- Neck injuries
These are just a few of the many different injuries that can be sustained in an accident. If you have been injured in an accident, it is important to seek medical treatment as soon as possible.
What to Do If You Are Injured in an Accident
If you have been injured in an accident, there are a few things that you should do:
- Seek Medical Treatment – If you have been injured in an accident, you should first seek medical treatment. This is important for two reasons: first, you need to ensure that your injuries are taken care of, and second, you need to have documentation of your injuries to support your personal injury claim.
- Gather Evidence – Once you have sought medical treatment, you should gather evidence to support your claim. This evidence can include photos of the accident scene, medical records, and eyewitness statements.
- Keep Track of Expenses – You should also keep track of any expenses you incur due to the accident. This includes things like medical bills, property damage, and lost wages.
- Contact a Lawyer – If you have been injured in an accident, you should immediately contact an experienced personal injury lawyer. An attorney can help you navigate the legal process, gather evidence, and fight for the compensation you deserve.
Why Should I Hire a Lawyer For My Injury Claim?
It is not required that you hire a lawyer to handle your claim, but it is highly recommended. An experienced personal injury lawyer will know how to navigate the legal system, gather evidence, and fight for the compensation you deserve.
How Much Does It Cost to Hire a Personal Injury Lawyer?
Most personal injury lawyers work on a contingency fee basis. This means they do not get paid unless and until you recover compensation.
The Florida Personal Injury Case Process
If you have been involved in an accident and you believe that someone else is at fault, you may be wondering what the process of filing a personal injury claim or lawsuit will be.
- The first step is to contact an experienced personal injury attorney. Your attorney will review your case and help you determine whether or not you have a valid claim.
- If you have a valid claim, your attorney will file a complaint with the court. The complaint will set forth your legal claims against the defendant.
- Once the complaint has been filed, the ” discovery ” process will begin. This is where both sides exchange information and gather evidence to support their respective positions.
- After discovery is complete, the case will either go to trial, or the parties will settle. If you go to trial or cannot settle with the defendant, your case will be decided by a judge or jury.
Damages You Can Recover
If you are successful in your personal injury claim, you will be awarded damages. These damages can include medical expenses, lost wages, pain and suffering, and property damage.
- Medical Bills – You can recover the cost of all past and future medical treatment related to your injuries. This includes hospitalization, surgery, doctor’s visits, physical therapy, and medication.
- Lost Wages – You can recover the wages you lost while injured and unable to work. You can also recover the wages you will lose in the future if your injuries prevent you from returning to work or from working at the same level as before.
- Pain and Suffering – You can recover damages for the physical pain and emotional suffering caused by your injuries.
- Property Damages – You can recover the cost of repairing or replacing any property damaged in the accident. This includes your car, clothes, glasses, and electronics.
- Punitive Damages – In rare cases, you may be able to recover punitive damages. These are designed to punish the other party for their negligence.
Contact a Florida Personal Injury Lawyer Today
The above are just some basics of Florida’s personal injury law. If you have been injured in an accident, it is important to contact an experienced personal injury attorney who can help you through the legal process and fight for the compensation you deserve.
If you feel you have been the victim of an accident through no fault of your own. Our attorneys are prepared to help you navigate the legal process and work toward securing the maximum compensation you are owed. Call (727) 784-8191 or contact us online to get started on receiving maximum compensation for your personal injury case.
