Floridians can benefit from a personal injury attorney’s knowledge of the claims process following an accident.
Summary
- Personal injury lawyers can help victims of accidents receive compensation for medical bills, lost wages, and pain and suffering.
- Common causes of personal injury accidents in Florida include car accidents, slip and falls, and medical malpractice.
- Seek medical attention after an accident, and get in touch with a Florida personal injury lawyer as soon as possible.
- Experienced personal injury lawyers can investigate the accident, negotiate with insurance companies, and fight for the maximum compensation possible.
Have you been injured in Florida due to someone else’s negligence? Accidents can leave you with physical pain, emotional distress, and mountains of medical bills that insurance is reluctant to cover.
You don’t have to fight for fair compensation alone. The Florida personal injury lawyers at Werner, Hoffman, Greig & Garcia can help navigate the legal system and fight for the compensation you deserve.
Call us at (800) 320-HELP or contact us online to get started with one of our personal injury attorneys.
What is Florida’s Personal Injury Law?
Understanding Florida’s personal injury law is essential for anyone involved in an accident or injury case within the state. This legal framework outlines the rights and responsibilities of individuals seeking compensation for injuries sustained due to another’s negligence.
By familiarizing yourself with key components such as comparative negligence, damage caps, and the statute of limitations, you can better understand the legal landscape and protect your interests.
Comparative Negligence
In Florida, the principle of comparative negligence can significantly impact the compensation you may receive in a personal injury case. This concept means that if you are found to be partially at fault for the accident, your compensation will be reduced proportionately to your share of the blame.
For example, if you are deemed 20% responsible for an accident, the damages you are awarded will be reduced by that percentage. Florida’s comparative negligence system ensures that liability is fairly distributed among all parties involved and underscores the importance of presenting a strong case to minimize any assigned fault.
Damage Caps
Florida’s personal injury law also includes specific limitations on the amount of punitive damages that can be recovered in certain cases. These damage caps are designed to prevent excessively high awards and ensure that punitive damages remain reasonable.
Under Florida Statutes Annotated section 768.73, punitive damages are generally capped at three times the amount of compensatory damages or $500,000, whichever is greater. However, there are exceptions to this rule, particularly in cases involving intentional misconduct or gross negligence.
Understanding these caps can help manage expectations regarding potential awards and highlight the importance of focusing on compensatory damages, which cover actual losses such as medical expenses and lost wages.
Statute of Limitations
The statute of limitations is a critical aspect of Florida’s personal injury law, setting the deadline for filing a lawsuit. In Florida, the statute of limitations for most personal injury claims is two years from the date of the accident or injury. For wrongful death claims, the statute of limitation is also two years.
This timeframe applies to cases such as car accidents, slips and falls, and medical malpractice. Failing to file a claim within this period can result in losing the right to pursue legal action and recover damages.
Therefore, it is crucial to act promptly after an injury to ensure your case is filed within the allowable time. Consulting with a WHG FL personal injury attorney soon after an accident can help you make your claim in time and ensure that all necessary legal steps are taken in a timely manner.
Personal Injury Accidents in Florida
A personal injury, in legal terms, refers to a physical injury, emotional trauma, or property damage caused by someone else. In the aftermath of a personal injury accident, victims may need to seek fair compensation by filing a personal injury lawsuit against the at-fault party.
To win, your personal injury lawyer will need to prove that the other party owed you a duty of care, breached that duty, and their breach caused your injuries. This is the legal concept of negligence, and it’s key to any personal injury claim.
Common Types of Personal Injury Accidents
Unfortunately, Florida sees its fair share of mishaps that may cause painful injuries, emotional distress, and financial burdens. Here are some of the most common causes of personal injury accidents:
- Car accidents: Across the nation, car accidents are a leading cause of serious injury, and Florida is no exception. Reckless driving, speeding, and other negligent behaviors can put other motorists at risk.
- Truck accidents: Large trucks are a threat to the safety of Florida bicyclists, pedestrians, drivers, and other road users when they collide. Truck driver fatigue, defective parts, and limited maneuverability often play a part in these catastrophic truck accidents.
- Motorcycle accidents: Florida does not have a universal motorcycle helmet law, meaning that some riders choose to forgo one of the only forms of protection they have from larger vehicles. Drivers often overlook motorcyclists, increasing the risk of motorcycle crashes. Motorcyclist typically sustain severe injuries.
- Slip and fall accidents: Uneven walkways, poorly maintained stairwells, and other hazards can all cause slip and fall accidents.
- Dog bites: Dog owners are liable for any harm their pets cause. Floridians who experience dog bite attacks may have permanent scarring and emotional trauma.
- Medical malpractice: Medical professionals don’t always follow guidelines while doing their job. If you’re harmed, they may be liable for medical malpractice.
- Product liability: Defective products can lead to serious injuries. If you’re injured by a faulty product, you may be able to file a product liability claim against the manufacturer, distributor, or retailer.
If you or a loved one suffers harm as a result of an accident caused by someone else’s negligence, you deserve compensation. An experienced personal injury attorney can help you determine if you need to take your case to court.
Injuries from Personal Injury Accidents
The wide variety of personal injury accidents is accompanied by an equally wide variety of potential injuries that victims may suffer. Some of the most common include:
- Broken bones: Fractures are a common consequence of many types of accidents. Broken bones may require casts, physical therapy, and potentially even surgery.
- Spinal cord injuries: Some accidents may damage the critical pathways between your brain and the rest of your body, potentially resulting in serious consequences like paralysis or other permanent disabilities from spinal cord injuries.
- Traumatic brain injuries (TBIs): Injuries to the brain can impact motor skills and cognitive function. TBIs may cause long-term damage if not properly addressed.
- Soft tissue injuries: Whiplash injuries, sprains, and strains can cause significant pain and limit mobility.
- Amputations: In extreme cases, some accidents may lead to the loss of limbs or a traumatic injury with far-ranging impacts on quality of life.
- Emotional distress: The physical and emotional trauma of a personal injury accident can lead to anxiety, depression, and PTSD.
It’s essential that you seek out medical attention right away after any accident, even if you don’t feel hurt. Adrenaline can mask pain, making you unaware of your injuries. Medical records may also be a key piece of documentation if you file a personal injury claim for compensation later on.
Compensation for Victims of Personal Injury Accidents
If you’ve been injured in a personal injury accident, you may suffer harm known as damages. Legally, you are entitled to compensation from the at-fault party.
The types of damages available to victims of personal injury accidents may include:
- Medical expenses: Compensation for past, present, and future medical costs associated with your injuries, including hospital bills, doctor’s appointments, medication, and rehabilitation.
- Lost wages: Compensation for wages lost due to your injury and any future earning capacity you may have lost if your injuries prevent you from returning to work.
- Pain and suffering: Compensation for the physical and emotional pain caused by your injuries. This can include chronic pain, emotional distress, Post-Traumatic Stress Disorder, and loss of enjoyment of life.
- Property damage: Compensation for repairs or replacement of your property if it was damaged in the accident, such as your car or belongings.
- And more
The specific amount of compensation you receive will depend on the severity of your injuries and the specific facts of your case. For an assessment of your damages, contact a capable Florida personal injury lawyer at WHG.
Set Your Claim Up for Success by Hiring a Florida Personal Injury Lawyer With WHG
An accident can turn your world upside down. Medical bills stack up, lost work puts a strain on finances, and the physical and emotional pain can be crushing. You may not know where to turn for help.
The team at Werner, Hoffman, Greig & Garcia is ready to assist in your case. Our dedicated Florida personal injury lawyers can help you by:
- Investigating the accident: We will gather evidence to determine the cause of the accident and identify the liable parties.
- Negotiating with insurance companies: We will deal with the insurance company on your behalf to prevent them from taking advantage of you.
- Calculating the full value of your claim: We will take into account all of your damages to ensure you receive fair compensation.
- Negotiating aggressively on your behalf: We will fight for the maximum compensation you deserve.
- Representing you in court if necessary: If the insurance company refuses to offer a fair settlement, we will take your lawsuit to court.
Book a Free Consultation with a Respected Florida Personal Injury at WHG
You deserve the full compensation necessary to repair and rebuild your life after your accident. At WHG, we know what you’re going through and we have the skills and experience to help.
You can contact us online or call us at (800) 320-HELP to schedule a free consultation.
Frequently Asked Questions
How do I know if I have a case for compensation?
Generally, if you were injured and it wasn’t your fault, you may have a case for compensation. An experienced personal injury lawyer can give you a personalized assessment and advise you on your legal options.
What should I do after a personal injury accident?
Here are some steps to take after a personal injury accident:
- Seek medical attention: Your health is the most important thing. If you are injured, call 911 or proceed to the nearest emergency room.
- Report the accident: File a police report to document the accident.
- Gather evidence: If possible, take pictures of the accident scene, your injuries, and any damage to your property. Also, try to get the names and contact information of any witnesses.
- Do not speak to the insurance company: Insurance companies may try to contact you shortly after the accident. It’s best to avoid speaking with them until you have consulted with an attorney.
- Contact a lawyer: An experienced personal injury lawyer can advise you of your rights. Additionally, they can help you navigate the legal process.
Does Florida have a deadline for filing a personal injury claim?
The Florida statute of limitations for filing a personal injury claim is two years from the date of the accident. Certain circumstances can alter that timeline, however. Consult with a Florida personal injury attorney as soon as possible after your accident to ensure you don’t miss any deadlines.
