Potential Legal Hurdles In Florida Personal Injury Claims

You have the right to seek compensation from a liable party after being involved in a Florida auto accident that leaves you with severe injuries. In Florida, another party is responsible for your injuries if their negligence led to the accident that caused your severe injuries. Once you choose to file a personal injury claim after an auto accident, it is essential that you familiarize yourself with the state laws that can affect your personal injury claim. Understanding the various state laws that can impact your claim provides you with a chance to recognize the legal hurdles you need to overcome in your personal injury claim.

Below are two potential legal hurdles identified from state laws to overcome in your Florida personal injury claim.

Hurdle #1: Deadline for Filing a Personal Injury Claim

One of the things that restrict the right of an individual to file a personal injury lawsuit in the state of Florida is the statute of limitations. A statute of limitations is a law that dictates how much time an accident victim has to initiate a personal injury claim against another party. In Florida, an auto accident victim has four years from the date of their accident to file a personal injury claim against a responsible party. Failure to file a claim within four years can result in your claim being dismissed once you file.

However, even though Florida has a statute of limitations when it comes to filing personal injury claims after auto accidents, the lawsuit-filing deadline can be extended in some genuine cases. For example, the filing window can be extended if it took you some time after your accident to discover that you were severely injured.

Hurdle #2: Comparative Negligence

Sometimes, after an auto accident, the person a plaintiff says is responsible for their severe injuries may claim that the plaintiff is also responsible for causing the accident that led to them sustaining injuries. This is one hurdle that you need to overcome to ensure you don’t miss out on a chance to obtain compensation. Keep in mind that being partly to blame for your accident doesn’t disqualify you from obtaining compensation. Nevertheless, it is crucial to note that because of Florida’s comparative fault law, the amount you receive as compensation when you are partly to blame for an accident decreases based on your percentage of fault.

Contact a Fort Lauderdale Personal Injury Attorney

If someone else’s negligence led to the auto accident that resulted in your severe injuries, reach out to an attorney immediately for help. Our Fort Lauderdale personal injury attorneys at the Pendas Law Firm can help you file a personal injury claim on time. We can help you obtain compensation even in a situation where you are partly to blame for your accident. Additionally, if you failed to file a claim within four years after a car accident because of a genuine reason that allows you to be exempted from Florida’s statute of limitations, we can help you file a successful claim. Contact us today for a free no-obligation consultation.

The Pendas Law Firm also represents clients in the Orlando, Miami, West Palm Beach, Bradenton, Daytona Beach, Jacksonville, Tampa, Ocala, and Fort Myers areas.

Resource:

flsenate.gov/Laws/Statutes/2011/768.81

By Pendas Law Firm | Posted on June 30, 2021

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