How Does Personal Injury Law Work?
Personal injury law allows people injured due to another person’s negligence or wrongdoing to seek compensation. This area of law covers a range of incidents, from car accidents and slip and falls to medical malpractice and dog bites. If you or a loved one has suffered harm due to someone else’s negligence in Florida, understanding how personal injury law works can help protect your rights.
What Is A Personal Injury Case in Florida?
A personal injury case arises when someone is physically, emotionally, or financially harmed due to someone else’s negligent, reckless, or intentional actions. Common examples in Florida include:
- Car accidents involving speeding, distracted driving, or DUI
- Slip and fall accidents due to unsafe conditions on someone else’s property
- Medical malpractice when a healthcare providers fail to meet the standard of care
- Defective products that cause injuries when used as intended
- Dog bites, for which Florida law holds dog owners strictly liable
You must typically show that the party responsible for your injury owed you a duty of care, breached that duty, and caused your injury as a result.
How Is Comparative Fault Determined in Florida?
Florida follows a modified comparative negligence system. This means that more than one party can be found at fault for an accident. However, if you are found to be partially at fault, your compensation will be reduced proportionally by your share of fault.
You typically cannot recover damages in a personal injury case if you are found to be more than 51 percent at fault. However, Florida also has “no-fault” car insurance rules, and this comparative fault law does not apply to claims against your personal injury protection (PIP) insurance policy.
What Damages Can I Recover in a Personal Injury Case?
Personal injury law allows people hurt due to another person’s negligence or wrongdoing to seek compensation. This may include both economic and non-economic damages. Common examples include:
- Economic damages: These are your tangible financial losses after an accident. These may include medical bills, lost wages and loss of earning capacity, property damage, or other out-of-pocket expenses.
- Non-economic damages: These include your subjective, intangible losses after an accident. These may include pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship.
An experienced personal injury lawyer can help you recover maximum compensation for damages after an accident.
How Long Do You Have To File a Personal Injury Claim in Florida?
The statute of limitations for most personal injury claims in Florida is two years from the date of your injury. You may lose your right to seek compensation if you fail to file your lawsuit within that time.
Certain cases, such as claims against a government entity, may have shorter notice deadlines, so it is critical to act quickly. The longer you wait, the more difficult it may be to pursue a successful personal injury claim.
How Does the Personal Injury Claims Process Work?
The personal injury process can play out in many ways, but usually follows a general process. This process typically begins with a consultation with a personal injury attorney, who will review your case and explain your legal options.
If you decide to move forward, your attorney will begin investigating your claim, gathering evidence such as:
- Accident reports
- Medical records
- Witness statements
- Expert opinions
Your lawyer may then send a demand letter to the at-fault party’s insurance company, seeking compensation. Many personal injury claims are settled during this stage. However, your lawyer may file a lawsuit if a fair settlement cannot be reached.
Once a lawsuit is filed, both sides will engage in discovery, exchanging information and evidence. Mediation or negotiation may be attempted to resolve the case, but if no settlement is reached, your case may proceed to trial, where a judge or jury will determine fault and award damages.
Most personal injury lawyers in Florida work on a contingency fee basis, meaning you pay no upfront fees and only owe legal fees if your attorney recovers compensation.
Injured in an Accident? Contact a Personal Injury Lawyer Today
If you have been injured due to someone else’s negligence, understanding how personal injury law works is the first step toward recovery. An experienced personal injury lawyer can assess your case, handle the legal process, and fight for the compensation you deserve. Contact an attorney today to schedule your free consultation.
Contact the Jacksonville Personal Injury Law Firm of Baggett Law Personal Injury Lawyers Today For Help
For more information, please contact the Jacksonville and Ponte Vedra Personal Injury law firm of Baggett Law Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve Duval County, St. Johns County, and its surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167