Florida Personal Injury Laws Related to Accidents Involving Injury:
When filing an insurance claim or lawsuit due to an accident or injury, key Florida laws specific to personal injury must be kept in mind.
Florida has a statute of limitations for personal injury cases which provides victims 4 years from the date of the accident to file a lawsuit in Florida's civil courts. Courts are likely to refuse hearing any cases that aren't filed within this time window.
While rare, instances that may lead to the window being extended can occur in situations where a victim may not have discovered they suffered harm until significant time has elapsed after the incident.
The Florida Comparative Negligence Law:
If an accident or injury victim is seeking to hold the negligent party liable and that party then tries to claim that the victim is actually to blame - either in full or in part - it can affect the amount of compensation received from other at-fault people or businesses.
Florida follows what is called a "pure comparative negligence rule", where the compensation a victim is entitled to can be reduced by the amount equal to the percentage the victim is at fault for.
For example, if a driver ran a red light hitting the victim, as the victim was traveling above the speed limit, insurance adjusters will often cite and try to make use of this rule during settlement talks.
The Real Meaning Behind Florida's "No-Fault" Auto Insurance:
Florida is a "No-Fault" insurance state when it comes to automobile liability insurance. This can be quite a confusing topic.
There is sometimes a misconception that because Florida is a "No-Fault" state, that the at-fault party cannot be sued and held liable for the injuries that they caused in an auto accident. This is incorrect. Unless the "serious injury" threshold is met, victims are not usually able to hold the other driver liable. Most minor accidents fall under the no-fault rule. The serious injury threshold is met when permanent injury, significant and permanent scarring, or disfigurement occur.
Under Florida law, every motorist is required to carry a minimum of $10,000 in Personal Injury Protection (PIP) coverage. PIP coverage is to cover medical bills and lost wages that each driver may suffer when in an auto accident, no matter who was at-fault.
When a car accident occurs, each party involved turns to their own insurance company for medical costs and other losses up to $10,000. In order for your PIP coverage to kick in, you will need to seek treatment within 14 days of the auto accident. If not, there will be no PIP coverage applied.
The complex issues involved in these types of claims are a strong reason why anyone involved in any type of accident involving injury should immediately contact an experienced personal injury lawyer. Our firm will have multiple personal injury lawyers and associates review and work on your case in order to give it the extra attention it deserves.
At Fernandez Law Group, you are choosing a Tampa personal injury lawyer with an in-depth understanding of exactly how to get you the compensation you deserve. If you have experienced loss due to a serious Florida injury, contact Fernandez Law Group to speak with a knowledgeable Tampa personal injury attorney today.