Florida Personal Injury Laws Related to Auto Accidents Involving Injury:
When filing an insurance claim or lawsuit due to an accident or injury, there are a few key Florida laws specifically related to personal injury to keep in mind.
Florida has a statute of limitations for personal injury cases which provides victims four years from the date of the accident to file a lawsuit in Florida's civil courts as per Florida Statutes Annotated section 95.11.
Courts are likely to refuse hearing any cases that aren't filed within this time window. While rare, some instances may lead to the window being extended, typically 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.
When these situations arise, Florida follows what is called a "pure comparative negligence rule", where the amount of compensation a victim is entitled to will be reduced by the amount that is equal to the percentage the victim is at fault for in the accident.
An example of this type of situation would occur if a driver ran a red light hitting the victim, but the victim was also traveling above the speed limit. Insurance adjusters will often cite and try to make use of this rule during settlement talks.
No-Fault Car Insurance Laws:
Florida follows a no-fault system in car accident cases in which the victim's insurance company will provide coverage for medical expenses and lost income regardless of who was at fault.
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 typically requires a victim to suffer permanent injury, significant and permanent scarring, or disfigurement.
Having an experienced auto accident lawyer can help victims negotiate better settlements for injured victims going up against insurance companies.
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.
Resources and Information on Personal Injury and our Personal Injury Lawyers:
- Fernandez Law Group Personal Injury Settlements and Results
- General Information about Personal Injury and Compensation
- What to do (and not to do) if you're in an accident involving Personal Injury
- How Important is a Personal Injury Lawyer?
- 5 Reasons Why You Need a Personal Injury Attorney
- Myths and Misconceptions about Personal Injury and Personal Injury Law
- Understanding Negligence and Personal Injury Law
- Proving Negligence in Tampa Personal Injury Cases
- How to prepare for your personal injury litigation and deposition questions
- What to Expect in a Personal Injury Trial
- Common types of Personal Injury Claims in Tampa
- Tips for preparing your medical malpractice claim
- Will my personal injury case be settled out of court?
- How Social Media Posts can hurt your Personal Injury case
- Victims of DUI accidents may file civil claims against establishments in some cases
- Florida Personal Injury Laws related to Auto Accidents involving injury