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Personal Injury Lawyers In Florida

Anyone who wants to pursue a personal injury case in Florida should become familiar with how the laws work and how they might impact your case. Personal injury cases can be either minor in scope or life-changing events, but in both cases, you should feel prepared and understand your legal rights. At David Graham Insurance Lawyers, P.A., we work with various types of personal injury cases and negotiate settlements or take wrong-doers to the courtroom.

When you are armed with information about how Florida law works, you can better prepare to win your case and get the compensation you deserve. Let’s take a closer look at some of the specific laws in Florida and how they can impact your particular case.

Statute of Limitations for Personal Injury Cases

In each state, there is a deadline to file specific kinds of lawsuits known as the statute of limitations. They differ from state to state and are designed to protect citizens from getting sued many years later after an accident or incident. As personal injury lawyers in Florida, we help victims file these suits within the allotted time.

Under Florida code, you have four years to file a personal injury claim against another party. This is four years from the date of the actual incident with the claim needing to be filed as a civil case. 95.11(3) Failure to adhere to the timeline will likely result in your case being dismissed. This will leave you to pay for your recovery and damages on your own. There are some instances where this time frame can be extended, but you will need to work with a Florida personal injury attorney to help you with these proceedings.

The four year time period is a general guideline for personal injuries, there are some more detailed specifics for other types of personal injuries, such as medical malpractice, and you can consult with a Florida personal injury law firm to get a better understanding around those.

Defining Comparative Negligence Laws in Florida

If you are in any way at fault for your injuries, the other party involved can hit you with a comparative negligence claim that says you are partially at fault and cannot seek the total damages you’re asking for.

This doesn’t mean you can’t pursue a claim, but it may hinder your ability to get full compensation for your injuries if the other party can produce evidence that you are partially liable. The Florida “pure comparative negligence rule” the amount you are seeking in damages will be reduced by the percentage of fault you carry for the incident.

For example, if you are asking for $10,000 in damages and share 10-percent of the fault, as deemed by the evidence or judge, you would only see $9,000 in damages. An insurance adjuster will try to manipulate the comparative rule to try and pay you less as part of negotiations, so consult with a personal injury lawyer Florida to ensure you are well represented and don’t get taken advantage of.

No-Fault Laws for Florida Drivers

Many drivers are confused about what “no-fault” means and we are here to give you an explanation. This means that after a car accident, someone’s own insurance company is responsible for providing compensation for that person’s damages. This is why it is essential to have comprehensive personal injury protection included in your policy.

The no-fault policy means you won’t be able to hold the other driver responsible unless the accident resulted in “serious injury.” To bring suit outside of the no-fault limits, you should reach out to a personal injury law firm in Florida if your case involved serious injuries or damages. If your injuries are permanent, have caused disfigurement or scarring, or have resulted in the loss of bodily function, you may be able to file a lawsuit.

Dog Bite Litigation Laws for Florida

Florida law  Stat. Ann. § 767.04 makes dog owners responsible and liable for the damages and injuries incurred from their animal. This is referred to as a “one bite rule,” and many other states besides Florida also have adopted this law. No matter what the usual disposition of the dog is, or the dog’s history of behavior, owners can be sued if their dog attacks or bites someone and causes injury. The caveat to this is if the victim was unlawfully on someone’s property where the bite took place. In this case, the victims own personal responsibility and negligence will be considered in the case.

Injury Case Caps

In certain types of personal injury cases, there are caps as to how much money a victim can seek in damages. This often refers to the subsidiary losses that accompany personal injury cases such as “pain and suffering.”

Damage caps in punitive cases, such as slip and fall incidents or product defect claims, limits the damages that can be awarded to victims. In general, damages sought cannot surpass three times the compensation requests or no more than $500,000, whichever is greater. Fla. Stat. Ann. section 768.73. Punitive damages are the only award and allowed in a small number of personal injury cases and are meant to hold wrong-doers who have created particularly dangerous or hazardous situations.

Personal injury litigation can get complicated, especially since there are so many different types of personal injury cases. At David Graham Insurance Lawyers, P.A., we work closely with our clients to help them recover the appropriate damages according to their unique cases. We will never treat you like any other client; we will listen to your case with new ears and give you our honest and forthcoming legal advice. If you would like to discuss your case with a Florida personal injury attorney, contact us today and let’s get started.

For more information on Florida personal injury law, click here.


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