The state of Florida has its own specific set of laws pertaining to personal injury. If you have suffered an injury within the state, it’s important to know the details of the laws. Here are the key personal injury laws.
Deadlines to File Personal Injury Lawsuit
Each state in the US has its own specific deadline in place for filing a personal injury lawsuit. Florida is no exception. The statute of limitations is four years from the date of your accident or injury. That means you must file your suit in civil court within that time frame, or the case will be forever barred and you will not be able to recover compensation for your injuries and damages. If your personal injury claim is against a city, state or county government, the statute of limitations has special requirements.
Comparative Negligence Law
In Florida, there is a law known as comparative negligence. It means that if you are found at least partially responsible for your injuries, the amount of compensation you seek for your injury is reduced by the percentage you are found at fault. For example, if you were driving considerably faster than the designated speed limit and were struck by another vehicle that was diving carelessly, you might be found to be 10 percent to blame for the accident. In other words, if you were injured and were seeking $100,000 in compensation for your injury, the court would grant you $90,000.
You can expect the issue of comparative negligence to be brought up whether your case is settled pre-suit or goes to trial.
Types of Personal Injury Cases
These are the most common personal injury cases:
- Car Accidents: Car accidents are the most common types of personal injury cases. Insurance companies tend to be involved in them, but a personal injury lawyer can help you to get the maximum compensation for your injuries, medical expenses, wage loss, and pain and suffering.
- Slip and Fall: Property owners are responsible for keeping their property hazard-free. If a property owner has failed to use ordinary care in keeping the premises reasonably safe, you may be entitled to compensation for your injuries.
- Wrongful Death: An attorney can help you to recover damages for negligence or other tortious act that lead to the death of your loved one. You may be entitled to loss of support and companionship, funeral expenses, loss of earnings, and pain and suffering.
- Medical Malpractice: If you are injured due to negligence by a doctor or other healthcare professional, you can recover compensation. These cases are more complex and a have a shorter statute of limitations. It is important to contact a lawyer right away.
- Discrimination and Civil Rights: If you have been discriminated in the workplace and have been harassed, demoted, fired or otherwise treated unfairly, you may be entitled to compensation.
If you have suffered personal injury in Florida, you need a personal injury attorney who can represent your interests. Contact the law office if Mirriam J. Fisher, Esq., P.A., for an immediate consultation.