personal injury lawyer

Florida Personal Injury Laws

Filing A Florida Accident Or Injury Claim?

If you have been injured and seeking a lawyer to file a negligence claim you should be familiar with the Florida  laws that govern accident, injury and death lawsuits.

Important Deadlines

You have four years from the date of the accident to file a lawsuit. There are ways to file for an extension.

Comparative Negligence

The amount of compensation you re entitled to receive will be reduced by an amount that is equal to your percentage of fault for the accident.

Florida No-Fault

This means that your insurance policy ( personal injury protection coverage) will provide compensation for medical expenses and lost income, no matter who was at fault for the accident.

Personal Injury Lawsuits Are Filed For:

  • Permanent injury
  • Significant and permanent scarring or disfigurement,
  • Significant and permanent loss of a bodily function.

Liability Limits

Florida limits punitive damages to three times the amount of compensatory damages, or $500,000 whichever amount is greater. This law can be found at Fla. Stat. Ann. section 768.73.

Speak to a personal  injury lawyer to protect your rights

Lawyers for Tort Injury Law, Personal Injury Lawyers

What are lawyers for tort Injury law?

1. What is personal injury law?

Personal injury lawyers, also known as tort lawyer, file lawsuits for a wrong or wrongs recognized as legal causes for Injuries sustained by the victims of such wrongs provide the basis for a claim for damages incurred by the injured party. In short if you have been injured due another persons negligent actions you will be filing a tort claim.

2. What is the definition of tort law?

Tort lawyers i file calims for three categories:

  • Intentional tort the Defendant knew, or should have known, injury could occur as a result of his/her actions or inactions.
  • Negligent tort the Defendant was unaware that an injury could occur as a result of his/her actions, and at the same time, the Defendant was not acting in a safe manner.
  • Strict liability tort a specific action caused the damages rather than the lack of care on the defendant’s part.

3. What are the most common personal injury lawsuits?

The most common Personal Injury cases are car accidents; however dog bites and slip and falls are a close second. Others include sexual abuse, wrongful death, denial of civil rights, unfair employment practices, medical malpractice, professional malpractice, product liability, slander and damage to property. When you have received an injury to yourself or your property, seek advice from a personal injury attorney.

4. What is a Deposition?

A deposition is a statement given under oath before a Court Reporter. This is usually done in a lawyer s office where the witness answers questions given by the attorneys representing both parties to the case. The reporter makes a written transcript of everything said at the deposition and the witness signs the transcript swearing it is an accurate rendition of the evidence he /she gave.

5. How will I pay all my medical bills?

If you have been injured, you will likely have medical bills from physicians, hospitals, physical therapists, and other health care providers. Those bills will be in your name and will usually be sent to your address. You are primarily responsible for paying your bills, regardless of the cause of your injuries. The at-fault person s liability insurance carrier is responsible for paying you reasonable compensation for damages incurred, which includes medical bills.

6. What issues will I face in making a claim for my injuries sustained in an auto accident?

A claim for injuries, sustained in an automobile accident, is usually based upon carelessness or negligence. In worse case scenarios, it is based on an intentional or reckless act.

The two categories of issues that typically arise in a tort claim after an automobile accident are the following:

  • Liability – who is at fault and to what degree
  • Damages – injuries or losses that were caused by the accident

7. If I slip and fall at a business, is the owner of the business or other premises legally responsible for injuries sustained?

Typically, it is the duty of an owner to exercise reasonable care in the maintenance of the premises and to warn a visitor of any dangerous conditions that are known. For example, if an owner, or his employees, knows that there has been a spill within their establishment, then they must act reasonably to clean up the spill and to prevent visitors from walking through the spill.

It is the responsibility of your experienced personal injury attorney to gather the relevant facts and to know the applicable legal principles in order to determine if the owner can be held liable for the injuries caused in a fall. Frequently, it is a difficult process because most of the evidence and testimony must come from the owner and his employees.