Florida provides personal injury victims to seek compensation for the medical bills, lost wages, and other damages they’ve suffered due to their injuries. If you are thinking of filing a personal injury claim or insurance claim in the Sunshine State and have yet to speak with a Florida personal injury lawyer, the following might help familiarize you with the various laws that could play a crucial part in your personal injury case. Because of the complex laws that might come into play, it is important to contact a Boca Raton personal injury lawyer as soon as possible.
The Comparative Negligence Rule
Under the comparative negligence rule, the damages or compensation you are entitled to claim may be lowered based on your level of fault, if applicable, in an accident. For example, if you were in an auto accident with a driver who ran a stop sign, but you were also driving over the speed limit, the court may assign some fault for the accident to you.
The Statute of Limitations for Personal Injury Claims
The statute of limitations for filing personal injury cases in Florida is four years starting from the accident date. This means that failing to file your case within this time limit may result in the court rejecting to hear your case. In certain cases, however, accident victims may discover too late that they’ve sustained invisible injuries due to the accident and past the time limit. In these cases, the court may extend the filing deadline.
The No-Fault Auto Insurance System
When it comes to auto accidents, Florida follows the no-fault auto insurance system. Basically, this means that following most traffic accidents, injury victims will need to turn to their own personal injury protection (PIP) insurance coverage to reimburse them for their medical expenses and lost wages, regardless of who caused the auto accident. Likewise, injured victims can’t claim compensation for the at-fault driver, either through a personal injury claim or third-party insurance claim, unless the accident caused them serious injuries.
Damage Caps for Personal Injury Cases
Compensation for personal injury cases in Florida doesn’t have damage caps. Only punitive damages, which are used for punishing egregiously bad or unethical behavior, are imposed damage caps. Punitive damages, however, are rarely awarded in common personal injury cases. But when they are, they’re capped at $500,000 or three times the amount of compensatory damages, depending on which is higher.
Strict Liability for Dog Attacks
In Florida, dog owners are held liable for their dog’s actions, regardless of the dog’s behavior history, as long as the attacked victim was legally on the owner’s property where the attack occurred. However, depending on the specific circumstances of the attack, the owner’s liability can be reduced by the injured victim’s negligence or level of fault in the attack.
Contact an Experienced Florida Personal Injury Attorney Today
Personal injury claims do present certain obstacles but working with an experienced Florida personal injury lawyer can help you learn to navigate and overcome these obstacles. If you’re looking to file a personal injury claim, contact Demand The Limits at 561-600-3555 or complete our online form to schedule a free review of your claim.