Personal Injury in Florida

Personal injury law suits are becoming more common throughout the United States. One way to know whether or not you should be considering taking action if Florida is to understand the personal injury law in Florida. Knowing the basics of Florida law regarding personal injury will help you make the right decisions.

 

Florida Personal Injury Law at a Glance

Florida Personal Injury Laws

Statute of Limitations

2 Years
Damages Recoverable Property damage, lost wages, medical expenses, pain and suffering, cost of household help, future earning ability
Strict Liability Product manufacturer may be liable for injuries caused by a consumer product
Joint Liability Each defendant liable for percent of damages as determined by court
Contributory Negligence If injured party is more than 51% liable for the injury, no damages may be awarded. Any awards may be reduced proportionate to found liability.

Who is at Fault?

The biggest question, and usually the first, asked when looking into personal injury law is who was at fault. In the state of Florida you must be able to prove that your injury was caused by the negligence of someone else. Without this proof you will not be able to win your case or collect any damages.

Understanding Negligent Behavior in Florida

The term “negligent” is often used loosely making it difficult to decide whether an injury was an unfortunate accident or the result of carelessness. In order to prove that your injury was caused by negligence in Florida you must first of all have suffered some sort of verifiable damage. The person who caused the injury to you must also be a person who had a duty not to cause you any harm and by injuring you failed in their duty. The person must also be someone that you were in someone connected to through duty. For example, they are a person providing a paid service that instead led to your injury.

How Your Own Contribution Will Affect the Situation?

Florida is not a state that puts all of the blame squarely on one individual. The person who is filing a claim or seeking recompense will also be questioned. The court will want to be sure that the injured party did not do anything that contributed to their circumstances.

If you are a person who contributed to your own injury through some negligence of your own then expect a different outcome. Florida law provides for “comparative negligence”. This means that if you, the injured party, were equally or partially careless in such a way that led to the injury then your reward amount will be reduced in direct proportion to your own level of fault. This amount will be based on the total percentage that the court decides that you are at fault. For example, if you are more than 90 per cent at fault then the other party will be considered to be less than 10 per cent at fault which could free them from being penalized financially.

For more specific information about your case, contact a Florida Personal Injury Lawyer.

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