Personal Injury -- Plaintiff Law
Florida Personal Injury Law
Getting injured can be a physical, emotional, and financial challenge. When you’re injured by someone else, it can add a feeling of unfairness to it all. Fortunately, when you’re physically hurt by another person’s actions, you may have legal recourse that requires them to pay for your damages.
And your legal recourse isn’t just to get compensation to cover the cost of your immediate medical bills, either. In most cases, you can sue for extended follow-up medical care, lost wages from time off of work, pain and suffering, or disability. Personal injury lawsuits could help you get fairly compensated for injuries that weren’t your fault.
What are the Legal Causes of Personal Injury?
Getting injured by another person in almost any way can allow you to recover damages.
- If you’re injured on purpose, such as if a person punches you or pushes you over, you may have a case for intentional harm.
- If you’re injured by accident, such as if a person hits you in a crosswalk in Orlando because they were distracted while driving, you may have a case for negligent harm.
- If you’re injured by falling through a set of rotting stairs at someone’s home in Jacksonville, you may have a case for strict liability injury.
Basically, whether another person, group of people, a company, or other entity, causes you physical harm you could be owed damages.
What If I’m Partly at Fault?
Florida is what’s known as a comparative negligence state. That means if you contributed to the cause of your injuries, your awarded damages may be reduced.
For example, say you improperly time an attempt to go through a yellow traffic light and end up running a red in Miami. Then, you’re hit by another driver who was texting behind the wheel. The court will need to determine whose action is more to blame for the collision. If your injuries caused $1,000 in physical damage, the amount you get back will be reduced by the percentage of fault you have. So if the court says going through the red light was 40 percent the cause of the accident, you can only recover $600 dollars instead of the full $1,000.
What if I’m Injured By Someone Who’s Not From Florida?
It can feel extra overwhelming to be injured by someone who lives outside your jurisdiction. If a tourist comes to Florida, hits your car, and gives you whiplash, they can still be liable for your injuries. Typically, Florida State Courts, or the Federal Courts in Florida, will still have jurisdiction to try a case against someone from another state if the injury occurred while you were both in Florida at the time.
When Can I File a Personal Injury Lawsuit in Florida?
There’s a time limit for how long you have to file a personal injury lawsuit. In Florida, that limit is four years after the injury occurs. Wait past that time limit, and you can no longer try to get compensation through the courts.
This timeline changes if the person who injured you isn’t a Florida resident, however. Typically, if a court case filed in a state involves someone from that state against a person from another state, the case can be moved from the state court to the federal court. This shortens the statute of limitation to just two years. There are some exceptions, and an attorney can advise you on the applicable statute of limitations in your case, but generally, you should try to file your case within two years if the other person lives outside of Florida.
Working With a Personal Injury Lawyer in Florida
Personal injury lawsuits can be complicated. There are many causes for a personal injury claim, and it may be hard to determine which one applies to you. You’ll also need to figure out when to file your suit and what kind of damages you can claim. You might improve your chances for success, and the amount of money you’re awarded, by hiring an experienced local personal injury lawyer. They can help you figure out your case, file your claim, and represent you through your trial.