Brief Overview of Florida’s Personal Injury Law

If you have been injured due to someone else’s conduct, you may very well have a personal injury claim. In order to file a successful lawsuit, you will need to prove the other person was negligent, meaning that they were careless or did not act as a reasonably prudent person would have acted under the circumstances. If there was negligence, you must then show that your injuries were a result of that negligence.

If you were involved in an accident of some kind, you will want to move forward as quickly as possible to determine if you have a good case. It is important to document what happened by taking pictures of the scene and your injuries, as well as writing down the names of any witnesses who actually saw what happened. Remember, do not give any statements to any insurance companies or anyone else until you have spoken to an experienced personal injury attorney who can properly advise you.

Most personal injury lawyers in Florida will take your case on a contingency, which means that they do not charge you a fee unless and until they get you a recovery. This allows you to fight the insurance companies without having to worry about coming out of pocket to pay your attorney as the case moves along. Even better, this puts you and your attorney in the fight together. Since your attorney will not get paid unless he “wins” your case, he should be willing to fight as aggressively as possible to get a good result.

The statute of limitations, or deadline by which to file a personal injury lawsuit in Florida, is four years from the date of the injury (remember, medical malpractice claims are different and must be filed within 2 years). If you do not file by the applicable deadline, you forever give up your right to sue. Certain types of accidents, such as a boat accident in the Atlantic Ocean or Gulf of Mexico, may have a shorter statute of limitations. Therefore, it is important to contact an experienced personal injury attorney as soon as possible to discuss your claim and legal rights.

There are numerous statutes that apply to automobile/motor vehicle accidents. You have probably heard people say that Florida is a no-fault state. This simply means your own car insurance will pay for your medical expenses up to $10,000, no matter who was at fault. This coverage is known as a personal injury protection (PIP) policy.

Close Menu