Personal Injury Law in Florida
The victims of personal injury deserve a chance at justice. Fortunately, a personal injury lawsuit can help with that. Whether or not you have a knowledge of personal injury law in Florida, you can take the steps towards justice.
It all starts with contacting a personal injury attorney in Fort Lauderdale. Here at Friedland & Associates, we may be able to help. Our firm has spent years fighting for the rights of personal injury victims.
Understanding the Deadlines
If your accident happened in the past, you may still be able to file a lawsuit. It just needs to be within a time frame. Like most states, Florida has a statute of limitations on personal injury claims. You have a deadline for filing, and missing that deadline could mean that a judge refuses to hear your case.
According to Florida laws, you have four years to file your claim. The countdown starts on the date of the incident.
There are some exceptions to the statute. For instance, you might not know about an injury until weeks or months after the incident. In this case, the four-year rule might not apply. Medical malpractice cases also have a different timeline. Additionally, claims against a government entity usually have a stricter deadline.
Comparative Negligence in Florida
Florida is one of the several states that has a comparative negligence law. The law allows you to file a claim even if you are partially responsible. You can file a claim regardless of your degree of fault. However, it limits how much money you can receive.
When your claim goes to trial, the court will decide on your percentage of fault. That number determines what percentage of the total compensation you will receive. For instance, someone who is 30% to blame for an accident would only receive 70% of the compensation.
No-Fault Laws
Although there is comparative negligence in Florida, there is also a no-fault law. This law only involves car accidents, and it also only relates to an insurance policy. According to the law, it does not matter who is to blame for the accident. Each individual should receive medical expenses and compensation for missed days of work through insurance.
Despite this law, you can seek compensation for car accidents. In some cases, you can go through the at-fault party’s insurance company. You may also file a personal injury claim against the other driver. If there was a serious injury and the other driver was negligent, the no-fault law does not apply.
There is a strict definition of serious injury. If you have questions regarding the severity of your injuries, you should consult with a personal injury lawyer in Fort Lauderdale.
Dog Bite Laws
Dog bites can fall under the umbrella of personal injury. However, every state has its own approach to dog bite cases. Some states only hold dog owners responsible if their dog has a history of violence. In Florida, the state relies on strict liability. Some people refer to this as a “one bite rule.” Regardless of a dog’s past behavior, the owner is liable for a dog bite or attack.
If the victim is not trespassing and is on the owner’s property at the time of the incident, the owner is responsible. That said, the victim needs to behave responsibly. If they are partially to blame for the incident, they lose some of their compensation.
Damage Caps
It’s also important to understand Florida’s stance regarding damage caps. A cap limits the amount of money a victim can receive for a personal injury claim. It could also limit the types of damages a victim can recover.
In Florida, there aren’t any damage caps on most personal injury cases. The only damage caps are for punitive damages. For the most part, punitive damages must be under $500,000 or three times the amount of other damages – whichever is higher.
Few personal injury claims result in punitive damages. Therefore, most claimants don’t need to worry about damage caps.
Answering Your Questions About Personal Injury Law in Florida
If you are a victim of personal injury, you have a chance at achieving justice. But the road to justice isn’t an easy one. For help through the process, you should work with an attorney. They can advise you through the claims process and guide you every step of the way. Contact us at Friedland & Associates to learn more.
