Five Things You Need To Know About Florida Personal Injury Law
Suffering injuries in an accident because of someone’s negligence can be devastating. After suffering severe injuries in an accident because of another person’s negligence, the last thing you want is to make things worse by relying on misconceptions instead of facts. If you have sustained severe injuries in a Florida accident due to another person’s misconduct, the following are some crucial things you need to know about Florida personal injury law.
There Is a Statute of Limitations on Personal Injury Cases
You have a limited period to file a Florida personal injury claim. This is because, in Florida, a statute of limitations limits the time you have to take your injury case to court. Generally, you have four years from the date of your injury to take your injury case to court. Missing the deadline (even by one day) can lead to you losing your right to file a claim forever. So if you have a personal injury claim, consult an attorney as soon as possible.
Florida Uses the Comparative Negligence Rule
After filing your injury claim, you may find that your compensation is reduced because it is determined that you are partly to blame for your accident. Florida uses the comparative negligence rule. According to this rule, the amount of damages a claimant can recover in a personal injury claim should be reduced based on the degree of negligence they contributed to the accident. If you are also at fault for your accident, you will be assigned a percentage of fault, and the other party will also be assigned a percentage of fault. If, for example, you are allocated 30% fault, and the defendant is assigned 70% fault, you can only recover 70% of your total damages.
Personal Injury Law Recognizes Different Kinds of Damages
The most obvious damages in a personal injury claim are economic damages such as medical expenses, lost wages, and vehicle repair costs. However, these aren’t the only kinds of damages you can recover in a Florida injury claim. Apart from economic damages, you may be eligible to recover non-economic damages such as pain and suffering, mental anguish, and emotional distress. You may also be qualified to recover punitive damages if the defendant is guilty of gross negligence or intentional misconduct.
There Is a Cap on Punitive Damages
In Florida, punitive damages are awarded in limited circumstances. There is also a cap on punitive damages. The cap for punitive damages in Florida is $500,000 or up to three times the amount of compensatory damages (economic and non-economic damages), whichever is greater.
You Can Sue the Government
Because of the existence of Florida Statute 768.28, if you suffered injuries due to the negligence of a government agency or office, you may have the right to sue. However, suing the government can be complicated. It is best to retain a skilled attorney if you suffered injuries due to the negligence of a government agency or office.
Contact Us for Legal Help
If you’ve sustained injuries in a Florida accident because of another person’s negligence and need legal help, contact our Orlando personal injury attorneys at The Pendas Law Firm.
The Pendas Law Firm also represents clients in the Fort Myers, Fort Lauderdale, Tampa, Jacksonville, Ocala, Bradenton, Daytona Beach, West Palm Beach, and Miami areas.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.73.html