Personal injury laws in Florida are levied to protect and compensate the injuries resulted due to another person’s negligence. It is not only associated with car accidents. Rather it includes any injury caused by someone’s negligence. The law allows people to receive compensation for financial damages, medical expenses, and non-economic damages. It is essential to prove another party’s negligence to receive the claim.
Tampa Accident Lawyers Explain Negligence & Personal Injury Laws in Florida
If you suffered injuries due to the negligence of another person, you should immediately contact a licensed personal injury lawyer to take action according to personal injury laws in Florida. Hiring a professional attorney will increase your chances of winning the case and attaining appropriate compensation. It is always important to know the legal implications of personal injury laws.
Car Accidents are the Major Cause of Personal Injuries in Florida:
Car accidents are the leading cause of personal injuries in Florida. In Florida, around 3,183 people died due to traffic accidents in 2019. Florida is determined to be a no-fault state. For this reason, car drivers are required to hold personal injury protection for at least $10,000.
Florida’s No-Fault Laws & Liability:
The no-fault laws protect the people involved in an accident to provide adequate medical care. However, it does not prevent proving the liability of the accident. Especially in case of serious injuries, the liability of the accident must be placed and compensation should be attained according to the damages.
Florida’s personal injury laws state serious injuries as permanent, scarring or disfigurement, significant loss of a body function, or death. It is appropriate to consult your attorney immediately if you or someone you know has suffered from serious injuries. Florida implies a statute of limitation that limits the time to file for a claim.
Your Claim Will Be Recognized for Up to Four Years:
Your case needs to build up immediately after the incident. The statute of limitation limits the time when the court will be able to hear your case and analyze the facts. Since with time the information may not remain intact and could deteriorate. The statute of limitation in Florida for personal injury cases is up to four years starting from the date of the incident.
In certain circumstances, the period may be extended. This is usually applicable in medical malpractice cases, in which the injury may not surface immediately after the incident. In such cases, the statute of limitation is extended up to 2 years from the discovery date of the injury.
Compensation for Pain and Suffering:
Usually, the personal injury economic damages are linked with medical costs, financial costs, and lost wages. It is relatively easier to calculate the economic damages since you will have the medical bills and lost wages amount will be known. Whereas the non-economic damages include the pain and suffering and mental damage caused due to the injuries.
It is difficult to quantify pain and suffering yet it is compensated by law. Following are the factors analyzed while filing a claim for pain and suffering.
- The medical treatment you need for instance surgery, and therapies.
- The type of your injury and its severity since compensation increases for severe injuries as serious injuries lead to conditions like post-traumatic disorder, depression, etc.
- The impact of the injury on your personal and professional life such as injuries causing disabilities that could change your life forever.
- The recovery period is another factor as the discomfort associated with long-term conditions negatively impacts mental health.
It is essential to hold strong evidence to prove your pain and suffering claim. Since non-economic damages are intangible, it is highly significant to gather eye-witnesses’ testimonies in addition to other documents. The testimony of your doctor, close family member, spouse, and mental health professional will hold high value in court.
Comparative Negligence Rule in Florida:
In the comparative negligence rule, the damages are shared between people involved in the accident. Insurance claims are provided according to the actions of each party that led to the accident. In Florida, the compensation amount can be reduced according to the level of fault you had in an accident.
Punitive Damage Cap in Florida:
Punitive damages are provided in cases of gross negligence and intentional actions under personal injury laws in Florida. Punitive damages are rarely awarded. However, it is given in addition to compensatory damages. The cap for punitive damages is $500,000 or three times the compensatory damages.
Contact a Car Accident Lawyer in Tampa:
If you or your loved one has sustained physical and mental injuries, consult our team of highly experienced personal injury attorneys in Tampa, FL. We ensure that you receive the maximum claim you deserve.