Each state has specific laws for personal injury claims such as auto accidents, motorcycle accidents, or slip and fall accidents. The value of personal injury lawsuits is one of the most common questions our experienced legal team hears at our Florida offices. It’s crucial to understand the nuances of Florida law and how it pertains to your case so we can ensure you receive maximum compensation for your pain and suffering.
“We May Not Handle Every Injury Claim in Florida, But We Sure Are Gonna Try”
Accident Lawyer John Fagan, will discuss the details of your accident and how the Florida statutes apply to your case, which may include:
Comparative Negligence in Florida
The State of Florida has a comparative negligence rule that can affect the value of your injury settlement. When you are injured in an accident, whether driving a vehicle or simply going to work, the circumstances that led to the injury are investigated. The party you believe is at fault may also think you are partially at fault.
Failure to follow safety procedures or traffic rules may result in your recovery being reduced. The damages you’re entitled to may be decreased by the percentage you are at fault. For example, if your claim is valued at $30,000, but you are 10 percent to blame, your settlement will be $27,000, with $3,000 withheld due to comparative negligence.
The Florida court system follows the comparative negligence rule for all injury cases, and your insurance adjuster will likely bring the law up as well. However, you need to speak with a skilled attorney before agreeing to any settlement.
Florida No-Fault Rules for Car Accidents
Many personal injury claims involve auto accidents. These crashes often lead to devastating injuries, especially when a commercial truck or motorcycle is involved. Florida is one of 12 states that use a no-fault insurance system. With no-fault car insurance, your policy covers your medical expenses up to 10,000 dollars, regardless of who caused the crash. The Personal Injury Protection (PIP) portion of your insurance plan provides coverage for medical expenses, lost wages, and other damages from the crash. Passengers who are harmed would pursue a claim against the driver of the car they were in when the accident happened.
There’s typically no legal recourse to pursue a claim against the other driver except when the car accident causes a severe injury to you or a loved one. Your injury is deemed “serious” if it is permanent, such as a loss of limb. Or, the injury causes disfigurement or scarring, including burns, and/or leads to permanent disruption with bodily function, such as paralysis. These injuries often involve brain, back, or spinal cord injuries. However, Florida’s threshold for serious injuries can include a broader range of harm caused by the crash, and our firm can help determine if your injuries constitute a personal injury lawsuit.
Many states set caps for damages in personal injury settlements. There are no limitations for economic compensation in Florida, which includes monetary losses such as loss of income, property damage, and medical expenses. Non-economic damages are also not limited, such as pain and suffering and mental anguish. However, punitive damages are capped at either $500,000 or three times the amount of compensatory damages, whichever is higher. Punitive damages are typically awarded in product defect or slip and fall claims to punish the at-fault party for reckless behavior.
These claims require intricate knowledge of Florida law. Accident Lawyer John Fagan has decades of experience helping accident victims pursue damages and will make sure the insurance company pays. Don’t wait to contact us, as the Florida Statute of Limitations for personal injury claims requires you to file your case within four years of the accident date or the day you become aware of the injury.
Contact Our Personal Injury Attorney About Your Claim
Our practice is dedicated to helping accident victims. If you ever need help with a legal problem or just want information on this subject, you can always reach our firm at 777-JOHN. We serve clients throughout Florida with our main office in Orange Park and consult offices in Palatka, Middleburg, Keystone, Starke, Gainesville, and Ocala.