Personal injury law, often referred to as tort law, is a legal realm that allows an injured individual to pursue civil justice and receive compensation for all losses stemming from an accident or other incidents. This post will illuminate the key facets of personal injury law in the Sunshine State.
Statute of Limitations
One of the crucial aspects of personal injury law in Florida is the statute of limitations. Under Florida law, the injured party generally has two years from the date of the incident to file a personal injury lawsuit (Florida Statutes section 95.11(3)(a)). Any attempt to litigate after this period could be dismissed on procedural grounds, thereby forfeiting your right to seek compensation. [1]
Determining Liability through ‘Pure Comparative Fault’ Rule
Florida adopts the ‘pure comparative fault’ rule when it necessitates identifying who is responsible for an accident. According to this principle, you can damage even if you were partially at fault in the incident. However, your reward will be reduced by an amount equivalent to your percentage of liability. [2]
Hence, if you’re deemed 20% at fault in a crash that resulted in $10,000 worth of damages, you can only receive $8,000 after the deduction. Auto Insurance Laws: Florida is considered a ‘no-fault’ state concerning automobile accident claims. The ‘no-fault’ car insurance system entails that after most traffic accidents, an injured person’s own insurance policy will cover medical expenses and lost income, irrespective of who was responsible for the accident. Nevertheless, victims of serious injuries can step outside of the no-fault system and file a lawsuit against the at-fault driver under specific circumstances. [3]
Duty of Care
In Florida, a “duty of care” principle is used to determine negligence in personal injury cases. This means that each person has a legal responsibility to exercise a level of caution that prevents harm to others. If it’s proven that the respondent failed in their duty of care, then they could be held liable for the damages. [4]
Conclusion
Navigating the landscape of personal injury law alone can be overwhelming, especially when you’re dealing with injuries, lost work due to the accident, and stress. While this blog provides a brief overview of Florida’s personal injury law, it is always advisable to seek professional legal counsel to understand your rights and obligations better. In complex areas, as personal injury law, each situation is unique, and the laws can change frequently, hence the importance of relying on legal professionals.
Disclaimer: This blog post is intended to provide general information and does not constitute legal advice. Please consult with a professional attorney about your specific circumstance if you are involved or interested in a personal injury claim in Florida.
If you or a loved one has suffered from a personal injury, give us a call at the Michael Brady Lynch Firm at 888-585-5970 or brandon@mblynchfirm.com.
Date: August 15, 2023
Author: Brandon Salter and Anoop Desai
Citations
[1] http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html
[2] https://www.floridabar.org/the-florida-bar-journal/refining-comparative-fault-in-florida-a-causation-theory-for-apportioning-fault/
[3] http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html
[4] https://www.forbes.com/advisor/legal/personal-injury/breach-of-duty/
