5 Things You Probably Didn’t Know About Florida Personal Injury Lawmindmingles December 23, 2021 0 COMMENTS
Personal injury claims can come from several cases, not just accidents involving cars. Any injury caused to a person because of someone else’s negligence or lack of care for others’ safety can fall under Florida personal injury law.
The personal injury laws differ slightly in each state. If you live in Florida, you should know that its personal injury laws are designed to offer substantial protection to the claimant. The state recognizes that the process of treating these injuries can incur high costs that the party responsible should adequately compensate for when it is merited.
Suppose you have recently suffered from an injury and feel that someone else is responsible. In that case, you should be considering filing a Florida personal injury lawsuit against them to seek the compensation you deserve. Personal injury law is a broad branch of the law, and it can be confusing for anyone who does not specialize in the field.
In case you find yourself at the center of a personal injury case, this post can help you. We will discuss some important things that you probably didn’t know about Florida personal injury laws that you should know.
5 Things You Probably Didn’t Know About Florida Personal Injury Law
Personal injury laws can be slightly different in each state. You would be surprised to learn about some of the little-known facts that set Florida apart from many other states regarding its personal injury law.
1. You can get compensation for emotional distress
Florida personal injury law gives you the right to sue the person responsible for your injuries to compensate you for emotional distress in addition to the physical suffering. You can claim punitive damages for conditions caused by the incident such as mental anguish, anger, fear, depression, anxiety, and PTSD.
You can also claim these punitive damages even if the actual incident did not cause the accident, but they derive from them. For instance, suppose you lost the ability to take part in a specific job requirement because of the injuries you incurred or have lost the abilities necessary to perform essential parts of your job. You can claim the financial strain for the lost wages and claim the emotional stress because of the inability.
2. There are longer statute of limitations
Most states across the country offer a two-year statute of limitations. This means that you can typically file a personal injury in court under state law for two years after the accident. Florida has a four-year statute of limitations for personal injuries. If the incident qualifies as a wrongful death case or medical negligence, Florida retains a two-year statute of limitations, similar to most other states.
It is essential to find and hire a qualified personal injury lawyer before the statute of limitations expires. Failing to file your case within four years of the incident can result in you being completely unable to file a case against the responsible party. The insurance company will have that period to settle the matter with you.
If you cannot come to a settlement and four years pass, the insurance company will also most likely take back its settlement offer unless you take them to court within the timeframe.
3. It is crucial to have uninsured motorist insurance
Drivers must have proof of a minimum of $10,000 personal injury protection and $10,000 property damage liability to register a vehicle in Florida. Drivers are not required by law to carry bodily injury liability insurance, and therefore, most drivers in the state do not carry bodily injury insurance. There is a high probability that if you are involved in an accident, it may be with a driver who does not have it.
Bodily injury insurance means that a person who is hit by a person without the necessary insurance cannot compensate you for medical bills and other damages unless they carry uninsured motorist coverage. It is crucial to have an adequate auto insurance policy that offers coverage for uninsured motorists in Florida.
4. You can file a claim even while partially at fault
Suppose you were involved in a car accident and are the victim, but you were partially at fault. This does not mean that you cannot sue the person primarily responsible for the injuries that the accident caused you. Many victims in car accident cases often disregard the need to consult with a personal injury lawyer or make a claim because they believe they are partly responsible for the accident.
Florida’s injury laws give you the right to file a case for damages, even if the accident was partially your fault, since Florida is a comparative fault state. Potential damages depend on how much you were at fault in the events leading to the accident.
Suppose that you were in a car accident, and it is determined that it was 15% your fault while the other party is mostly responsible for it. The total compensation you receive will be reduced by 15% because the trial judges will consider how much all parties involved in the accident were at fault. Therefore, you can claim some damages, even if you were slightly more at fault.
5. Ignorance does not relieve liability
Florida injury law does not consider ignorance as a viable defense to liability. An owner is liable for damages if you slipped on private property, such as a restaurant or someone’s house, if the owner did not know that such a hazard was possible.
Floridians should know that the state’s law assumes that we must ensure that we protect each other. Even if a person is invited to private property, the property should be well-maintained to ensure that guests will be safe.
You should also know that any company that receives business, is essentially considered to be inviting customers as guests on their property. The law dictates that there is a duty for all private premises to be safe for guests. Failing to fulfill that duty, regardless of your knowledge, can make you liable. Business owners are required to inspect and maintain the premises so that they are safe at all times.
Hiring A Personal Injury Lawyer Can Help
If you have suffered a personal injury due to an accident or any incident in which another party is to blame, and you cannot cover the medical costs, hiring a personal injury lawyer can be critical to help you seek adequate compensation.
Many people wonder whether hiring a personal injury lawyer for their lawsuit is worth it. Most cases are already solved in out-of-court settlements before a trial is necessary. The responsible party’s insurance representatives offer compensation in a settlement to the claimant.
However, insurance companies are notorious for paying out as little as possible in settlements. Understanding the facts about personal injury law can help you in your case, but you may need legal representation to pursue the compensation you deserve.
Consider working with Frankl & Kominsky Injury Lawyers if you are looking for a Lauderdale personal injury lawyer (by appointment only). Based in Palm Beach, the legal team at the firm specializes in Florida personal injury law and boasts an impressive track record of helping their clients seek desirable outcomes for their personal injury lawsuits.
Consider working with them to maximize your chances of compensation for your injuries.
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