Personal injury occurs when a person suffers an injury to their physical body, mind or emotions, rather than their property. Personal injury can include damages to property but only if it also involves personal physical harm.
Personal injury law, also known as tort law, is a civil dispute that allows an injured person (the “plaintiff”) to sue, or hold accountable, another person (the “defendant”) for compensation due to damages incurred because of an injury due to recklessness, negligence or malicious intent. Each case is unique and a successful lawsuit may include economic and non-economic damages. Read for information on the types of damages.
Examples of personal injury accidents include:
- Car crashes
- Motorcycle accidents
- Wrongful Death
- Medical malpractice
- Construction accidents
- Injuries due to faulty products
- Nursing home abuse
- Dog bites & animal attacks
- Poor road maintenance
It is important to consider Florida personal injury laws when filing a lawsuit as there are details in the process that will significantly impact your case. It is always best to hire a professional and reputable attorney who is confident in the area of personal injury law to handle your case.
Liability and Damages
Every personal injury claim has two basic issues—liability and damages. In order to file a personal injury lawsuit in Florida, the plaintiff must be able to prove the defendant is liable, or at fault, for the injury. Once liability is determined the plaintiff must also prove the nature and extent of the damages.
Statute of Limitations
In Florida, a statute of limitations law sets the maximum amount of time you have to file a claim from the date of the incident for which you are seeking compensation. This length of time the statute allows for you to bring legal action against your wrong-doer can vary from one jurisdiction to another and the nature of the offense so it is best to speak with an experienced trial lawyer that can tell you which statute applies.
Florida’s Comparative Negligence Rule
Florida follows a “pure comparative negligence rule,” meaning that a plaintiff can potentially be held responsible for a portion of the fault in the accident. If comparative negligence is ruled in court, the plaintiff’s damages would be reduced by the relative percentage of their fault.
Read Ted Babbitt’s blog post, “Your Guide to the Personal Injury Process” for more information.
Ted Babbitt is an award-winning West Palm Beach, Florida attorney who specializes in personal injury cases. He will give you an honest assessment of your case and explain your legal options. You can reach him by phone at (561) 375-2841 or via the online form.