Florida Personal Injury Rules you need to know

Florida Personal Injury Rules you need to know by Daniel Lenghea.

Whether from a dog bite, boating accident, or slip and fall, if you’ve been injured in Florida, personal injury rules should be at the top of your list of things to investigate, especially if you believe someone else is to blame. Florida Personal Injury rules that may help you;

To win money in your case, you must show that another person was careless, or negligent, and that carelessness caused your injury.

If your accident was recent, you’ll want to move quickly to preserve evidence. Here are a few tips to follow after an accident that injures you:

  • Write down everything you can remember about how the injury occurred
  • Get the names and contact information of any witnesses to the incident
  • Report the incident to the proper authorities (for example, animal control for a dog bite or the local sheriff’s or police department for a boating accident)
  • Take pictures of any visible injuries to yourself or others and any damages to your property
  • Contact a personal injury attorney to see if you have a valid claim against the person who injured you before making any statements, written or verbal, to insurance company representatives

In most cases, to collect money in Florida after suffering a personal injury, you need to show that the other person involved:

  • Had a duty not to injure you but failed to in that duty; and,
  • The failure of that duty is directly related to your injuries; and,
  • You suffered damages

If you’re filing an insurance claim or lawsuit over an accident or injury, you’ll need to be familiar with laws in your state that might affect your case. In this article, we’ll provide a snapshot of a few key Florida laws to keep in mind when it comes to personal injury.

Deadlines for Filing an Injury Lawsuit in Florida

Like every other state, Florida has a statute on the books that sets a deadline for the amount of time you have to file a lawsuit in civil court against the person or business that might be legally at fault for your injury. This law is called a statute of limitations.

Under Florida’s statute of limitations for personal injury cases, you have four years from the date of the accident to file a lawsuit in Florida’s civil. If you don’t file your case within this time window, the court will very likely refuse to hear it at all. In rare cases, you may not “discover” that you actually suffered harm for some amount of time after the incident that caused the injury, and in those instances the lawsuit-filing window will be extended.

If you’re filing an insurance claim or lawsuit over an accident or injury, you’ll need to be familiar with laws in your state that might affect your case. In this article, we’ll provide a snapshot of a few key Florida laws to keep in mind when it comes to personal injury.

Damage Caps in Florida Injury Cases

Damage cap statutes set a limit on the amount of money that an injured person can receive in certain kinds of cases, or for certain types of losses. Most often, these laws limit the amount of non-economic damages (i.e. “pain and suffering”) that an injured person can recover.

In terms of common personal injury cases like car accidents, slip and fall injuries, and product defect claims, the most important Florida law on damage caps pertains to punitive damages. It’s important to note that punitive damages are only available in a small percentage of injury cases. They’re meant to punish the wrongdoer for particularly dangerous or reprehensible behavior.

There are no other damage cap laws on the books in Florida when it comes to standard personal injury cases. But it’s a different story in medical malpractice cases. Florida law does impose caps on damages in lawsuits against medical practitioners, including strict limits on non-economic damages like pain and suffering. Those laws are a little too complex to get into here.

For more information about Personal Injury click here or call Attorney Daniel Lenghea at 305 848-4700.