If you or a loved one has been hurt in an accident due to someone else’s negligence and are planning to file a personal injury claim or lawsuit, get familiar with these Florida laws that may affect your claim or case.
Statute of Limitations for Filing an Injury in Florida
The statute of limitations is the amount of time you have to file a lawsuit in civil court against the person or business that may be at fault for your injury. In Florida, the statute of limitations varies from one jurisdiction to another and the nature of the offense so it is best to speak with an expert Florida personal injury lawyer that can tell you which statute applies.
Florida is a No-Fault State for Car Accident Cases
A no-fault state means that if you are in a car accident that does not result in serious injuries, then your claim is filed with your own insurance policy under the “personal injury protection” coverage, regardless of who was at fault for the car accident. A passenger would file under the driver’s no-fault coverage.
If your car accident resulted in a serious injury – such as, permanent injury, significant and permanent scarring or disfigurement, or significant and permanent loss of a bodily function – then the other driver could be held liable and a personal injury car accident lawsuit may be possible.
Florida Courts Uphold “Comparative Negligence” Rule
Under the “comparative negligence” rule in Florida, if you’re partially at fault for a personal injury accident, your compensation received from the at-fault party can be reduced. The jury assesses what your damages are and then the judge reduces your compensation by your percentage of fault; however, if you are more than 50% at fault you may receive nothing.
Florida Caps Punitive Damages
Punitive damages are damages assessed in order to punish the wrongdoer for outrageous conduct and/or to reform or deter the person from acting in a similar way again. In Florida, punitive damages are limited to three times the amount of compensatory damages, or $500,000, whichever is greater. It’s important to note, however, that there are no other damage caps for personal injury cases in Florida.
Ted Babbitt is an award-winning West Palm Beach personal injury lawyer who’s won numerous multi-million-dollar verdicts in Florida personal injury cases for five decades. If you or a loved one has been seriously injured in an accident, contact our Florida personal injury law firm at (561) 375-2841 to schedule a FREE consultation to assess your case and explain your legal options.