General Information about Personal InjurY Compensation:

Personal injury compensation is money awarded to an injured person to help them recover from the costs of an accident. It can include reimbursement for medical bills, lost income, and pain and suffering.

In Florida, personal injury compensation follows some specific laws and processes that can affect the amount and type of compensation someone might be entitled to. Florida has certain rules in place regarding things like no-fault insurance and comparative negligence, which can impact your claim.

Key Factors in Florida Personal Injury Compensation:

1. No-Fault Insurance (PIP) System:

Florida is a no-fault state when it comes to car accidents. This means that, regardless of who caused the accident, your own insurance (if you have Personal Injury Protection, or PIP) will cover your medical bills and some lost wages up to a certain limit (usually $10,000). However, PIP won’t cover everything, especially if you have serious injuries.

When it applies: If you’re in a car accident, your own PIP insurance pays for your medical treatment, even if you’re not at fault.
Limitations: PIP coverage has limits (typically $10,000), and it won’t cover pain and suffering or things like property damage (those are covered separately by other insurance, such as property damage liability).

2. Serious Injury Threshold:

In order to step outside the no-fault system and pursue personal injury compensation for pain and suffering, the injury must meet Florida’s “serious injury” threshold. This means that the injury needs to be more severe than minor or moderate in order for someone to file a claim against the at-fault party seeking personal injury compensation for things like pain, suffering, and emotional distress.

Serious injuries in Florida might include:

Death
Permanent disfigurement
Permanent disability
Significant scarring
Broken bones (if they’re severe enough)
Loss of bodily function

If an injury doesn’t meet these criteria, personal injury compensation may still be limited to what PIP covers.

3. Comparative Negligence:

Florida uses a comparative negligence rule. This means that if someone is partially at fault for the accident, their personal injury compensation will be reduced by the percentage of their fault. For example, someone is found to be 20% at fault for an accident, they would only be able to collect 80% of the damages from the other party.

Example: If someone’s damages total $100,000 but they’re 20% responsible for the accident, they would only receive $80,000.

4. Statute of Limitations:

In Florida, injury victims have a limited time to file a personal injury claim. Back in March of 2023, as a result of Florida HB 837, the personal injury statute of limitations in Florida for claims based on the theory of negligence was changed from 4 years to 2 years.

As a result, beginning in 2024, the statute of limitations for any personal injury claims based on that theory of negligence is now just 2 years.

Any accident that occurred after March 24, 2023 would be subject to this new 2-year statute of limitations. Failing to file a claim within 2 years of the date of an accident or injury will prevent accident victims from receiving compensation.

5. Types of Compensation Available:

The types of compensation available in Florida are similar to other states, but Florida’s laws have their own rules for how these damages are calculated:

Medical Expenses: Past and future medical expenses related to the injury.
Lost Wages: Compensation for lost income, including future lost wages if you cannot work due to the injury.
Pain and Suffering: Compensation for physical pain, mental anguish, and emotional distress. This can be significant if the injury is severe.
Property Damage: If your car or other personal property was damaged in the accident, you can seek compensation for repairs or replacement.
Punitive Damages: In some cases of extreme negligence or malicious behavior, like drunk driving, punitive damages may be awarded to punish the wrongdoer. Florida caps punitive damages in some cases (usually at 3x the compensatory damages or $500,000, whichever is greater).

6. Wrongful Death Claims:

If someone dies as a result of a personal injury accident, their family or estate may be entitled to file a wrongful death lawsuit. In Florida, family members can claim for things like loss of support, medical expenses, funeral costs, and pain and suffering.

Learn more about the Florida Wrongful Death Act

It is difficult to determine whether or not you have suffered from a personal injury unless you have some kind of an idea what personal injury is about. Whether you’ve suffered directly from a personal injury or you’re seeking information or acting on behalf of another individual, understanding the different types of personal injury and your options for remedy and potential personal injury compensation will help you better prepare for or defend against a potential lawsuit.

Personal injury can occur in a number of different ways but typically involves either psychological or physical injury, illness or disease. In order for it to be personal injury, these injuries typically occur as a direct result of another individual, business or entity acting in a negligent or irresponsible manner. Property damages, monetary losses, negative health, and even death can occur in worst cases.

Many circumstances lead to personal injury. Medical malpractice can result in disabilities and ailments. Auto accidents and defective products can cause injury, illness or death. Many crimes result in psychological and physical damages.

There are certain things one must consider if you know someone or are suffering yourself from personal injury. One of the first steps to take would be to file a complaint against the organization, entity or person directly responsible for the injuries incurred. Having a personal injury attorney involved in your case will help you get proper personal injury compensation and ensure your rights are being preserved and protected.

Our Tampa Lawyers are ready to provide you with a detailed consultation for FREE!

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There are two main types of compensation that someone may receive if they have been injured due to the negligence of others. Compensation for pain and suffering, loss of wages and future earnings typically fall under general damages. There also may be a claim for special damages which include medical expenses, hospital bills, travel costs, loss of property & belongings etc.

At Fernandez Law Group, you are choosing experienced personal injury lawyers with an in-depth understanding of exactly how to work towards trying to get you the personal injury compensation you deserve. If you have experienced loss due to a serious injury anywhere in Florida, contact Fernandez Law Group to speak with one of our knowledgeable attorneys today.

Our Injury Lawyers work aggressively seeking personal injury compensation for damages and have recovered millions of dollars in settlements.