Litigation arising from accidents, negligence, or intentional harm is the domain of personal injury law, a complex and ever-changing area of law. Being well-versed in Florida personal injury law facts is crucial if you wind yourself involved in personal injury litigation. This post will examine eight unexpected facts regarding personal injury attorneys in Riverview, Florida, illuminating crucial factors for anyone pursuing legal action and financial compensation.
1. Florida’s No-fault Laws do not Absolve Liability
The sole goal of no-fault laws is to guarantee that those involved in auto accidents receive sufficient medical attention. It doesn’t stop someone from suing for damages or assigning blame to another party, particularly if they suffer catastrophic injuries.
According to Florida’s personal injury facts, significant injuries are defined as any of the following physical conditions:
- Permanent
- Significant and lasting scars or deformities.
- Significant and irreversible loss of physiological function.
- Caused death.
Talk to a personal injury lawyer in Florida immediately if you or someone you know has any injuries that fit the above characteristics. The timing is of the essence because of the short time frame within which you can submit a claim in Florida.
2. Florida Will Only Accept Your Claim for a Maximum of Two Years
Statutes of limitations serve as deadlines by which any court can consider your case if it has evidence (either physical papers or testimony from eyewitnesses) that is still present and hasn’t deteriorated over time. This is why it’s a good idea to contact your personal injury attorneys as soon as possible after the accident—your case has to start gathering evidence right away!
The statute of limitations in Florida is two years for instances involving injuries. There are a few caveats, despite how easy it seems. Maybe it will hold up better in some out-of-the-ordinary situations.
This holds true if the collision is closely associated with specific injuries, even if they did not immediately show symptoms. This kind of thing usually happens when someone is negligent in the medical field; the effects of the occurrence cannot show up until much later. As a result, the applicable statute of limitations can be up to two years longer from the date of injury discovery.
If the offender can leave the state of Florida or if they purposefully conceal their offence, those are further reasons for the suspension. If the defendant’s mental illness prevents them from defending themselves, the same rules apply. The clock starts ticking once the defendant regains mental capacity; however, the lawsuit must still be submitted within seven years after the injury.
3. Liability for Products
When it comes to cases involving product liability, Florida adheres to the strict liability principle. This means that manufacturers of defective products are liable for any injuries they cause. To recover damages from a manufacturer, retailer, or seller whose products cause you injury, proof of negligence is not required. Preserving the product and accompanying evidence is crucial for bolstering your argument.
4. A Penal Damage Cap Exists in Florida
In Florida, punitive damages are uncommon in situations involving personal injuries. This is because punitive damages are typically reserved for defendants whose actions are thought to be willful, evil, or exceedingly negligent. In addition to assessing purpose, the court will examine related cases to see if the plaintiff was also granted an award.
To discourage the perpetrator from engaging in such conduct in the future, the court has granted compensatory and punitive damages, both monetary and non-monetary. Whatever amount is greater, $500,000 or three times compensatory damages, is the general ceiling for punitive damages in Florida.
Afterwards, the plaintiff can use these punitive damages to cover costs, including additional medical bills, hospital stays, and property damage.
5. Lawyers Work on A Contingency Fee Basis
Florida personal injury laws deduct legal fees from the attorneys’ share of any earnings in a successful case. We don’t receive any payment for legal fees if the case is unsuccessful.
This has several advantages for plaintiffs. First, financial means are not a barrier to filing a Florida personal injury claim. The lawyers you consult with will base their opinion on merit: What is the probability of your victory? The inability to pay an upfront fee will not prevent you from having the opportunity to pursue justice.
Second, it implies that you are given a very accurate first estimate of your chances. Attorneys for the plaintiffs have no motive to persuade you to pursue a flimsy case.
6. Comparative Negligence Laws Applicable in Florida
According to comparative negligence, all parties involved in an accident frequently share some degree of fault and negligence. Their activities leading to the disaster are the basis of this “sharing scheme,” enabling insurers to compensate insurance claims appropriately.
Each state will implement the comparative negligence rule differently. For instance, while some states do not permit compensation, others permit it to the ” less ” party to blame. The pure comparative negligence rule, which Florida uses, reduces compensation based on your level of fault in the accident.
7. Limitations on Non-Economic Losses
In medical negligence cases, Florida places a cap on non-economic damages, including those for emotional distress and pain and suffering. Situational factors determine the applicable limitations, such as whether the negligence resulted in death or severe injury. To understand how these limitations can influence your case, it is essential to consult with an experienced personal injury law firm.
8. Liability for Dog Bites
The “strict liability” theory governs claims involving dog bites in Florida. To rephrase, dog owners are typically held responsible for injuries caused by their pets, independent of the animal’s history or the owner’s level of knowledge. The burden of proof for the owner’s guilt is not on the victim to seek damages.
Conclusion
To sum up, if you or a family member has suffered injuries due to someone else’s negligence, it is advisable to seek the advice of a reliable personal injury attorney who is savvy with Florida law. They have extensive legal knowledge and can help you seek just compensation.
Recall that strength comes from knowledge. You’re better positioned to defend your rights if you know the startling details of Florida personal injury law and speak with an experienced lawyer who can offer specialized advice for your situation.
