Daily Archives: April 18, 2016

Understanding the Basics of Personal Injury Law in Florida

In the state of Florida, most personal injury lawyers will take cases on a contingency basis meaning that if you lose your case, you pay the lawyer nothing.  Instead of taking a retainer up front, they will take a percentage of the proceeds from your case if and when you come to a settlement amount.  Keep in mind that the primary goals of the right personal injury lawyer is to ensure that your rights are always protected and that you receive the compensation you are deserving of.

The state of Florida also places a deadline of 4 years from the date you were injured for filing your personal injury claim.  This is more commonly referred to as a Statute of Limitations.  If you fail to file your claim by the deadline, you relinquish your right to sue the defendant.  Certain personal injury cases that involve boat accidents on the Atlantic Ocean or Gulf of Mexico may have a shorter Statute of Limitations.  The key is to hire the services of an experienced personal injury lawyer that has experience in similar cases.

Compensation or Damages

If you have any intention of winning your personal injury case and getting compensated for your injuries, you must prove, according to Florida personal injury statutes that the

“defendant had a duty not to injure you but failed in that duty; the failure of that duty is directly related to your injuries; and you suffered damages.”

However, vehicular accidents are the one exception in personal injury law cases.  This is a no-fault state, meaning that your insurance must pay for damages and injuries incurred in an accident, regardless of which party was at fault.  Furthermore, motorists are required a minimum of $10,000 coverage per person/per accident in personal injury protection (PIP). You might want to discuss your case with an expert lawyer.

You are allowed to file a claim, if your injuries are classified as serious.  In this case, “serious” is defined as personal injuries resulting in one of the following:

  • permanent injury other than disfigurement or scarring
  • permanent and significant loss of any of the body’s important functions
  • permanent and significant disfigurement or scarring
  • death

In any case, the best course of action is to speak with an experienced Florida personal injury lawyer.  This is the only way to truly ensure that your rights will be protected and that you will get the compensation you deserve.

Damages in a Personal Injury Case

Personal injury victims oftentimes ask what their case is worth.  In a single word, the answer is “damages” – the emotional, mental, and physical cost of your injuries.  In some cases, they will ask for the defendant’s conduct to be punished.  Finally, there are 2 types of damages awarded in personal injury lawsuits – compensatory and punitive.  The former is intended to make the injured person whole again while the latter punishes their behavior monetarily.