Personal Injury:
Personal injury law allows individuals who have been harmed due to someone else’s negligence to seek compensation for their injuries. It is crucial for injured parties to gather evidence, document their injuries, and consider consulting a personal injury attorney to navigate the legal process and maximize their compensation.
Our law firm has represented many clients seeking compensation as a result of injuries or damages sustained due to car accidents, motorcycle or large truck crashes, boating accidents, along with slip, trip and fall injuries.
There are no costs or fees unless we obtain a settlement for you.
Personal Injury Practice Areas:
Resources and Information:
- Fernandez Law Group Settlements and Results
- Frequently Asked Questions about Personal Injury
- General Information about Personal Injury and Compensation
- What to do (and not to do) if you’re in an accident
- How Important is a Personal Injury Lawyer?
- 5 Reasons Why You Need a Personal Injury Attorney
- Myths and Misconceptions about Personal Injury
- 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
- Will my case be settled out of court?
- How Social Media Posts can hurt your case
- Victims of DUI accidents may file civil claims against establishments in some cases
- Florida Laws related to Auto Accidents involving injury
Understanding the Florida Statutes and how they apply:
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Florida personal injury law is primarily governed by the principles of negligence, which means that a person must prove that another party failed to act with reasonable care, leading to their injury. Here are some key aspects:
1. No-Fault Insurance System
- Florida operates under a no-fault insurance system for car accidents, which means that after an accident, drivers typically seek compensation from their own insurance companies, regardless of who was at fault. However, you can sue for damages if injuries are severe.
2. Negligence
- To win a case, the injured party (plaintiff) must prove four elements:
- Duty: The defendant owed a duty of care to the plaintiff.
- Breach: The defendant breached that duty.
- Causation: The breach caused the plaintiff’s injuries.
- Damages: The plaintiff suffered actual damages.
3. Comparative Negligence
- Florida follows a “pure comparative negligence” rule. This means that if the plaintiff is partially at fault for their injuries, their compensation may be reduced by their percentage of fault. For example, if a plaintiff is found to be 20% at fault, their compensation will be reduced by 20%.
4. Statute of Limitations
- The time limit to file an injury lawsuit in Florida was recently reduced from four years to just two years from the date of the injury.
5. Damages
- Victims can seek various types of damages, including:
- Economic Damages: Medical bills, lost wages, and other out-of-pocket expenses.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: In cases of gross negligence or intentional misconduct, plaintiffs may seek additional damages intended to punish the defendant.
6. Settlement vs. Trial
- Many cases are settled out of court through negotiations. However, if a fair settlement cannot be reached, the case may proceed to trial.
7. Legal Representation
- It’s often beneficial to consult with an injury attorney who can help navigate the complexities of Florida law, assess the strength of the case, and advocate for the best possible outcome.
Understanding these elements can help individuals better navigate their options if they find themselves in a personal injury situation in Florida.