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Personal Injury Claim in Florida Considerations begin an accident or injury may deciding if they should file a personal injury claim to recover damages, or financial compensation for their injuries. In order to do this, injured individuals should familiarize themselves with certain Florida laws and regulations that may pertain to their claim. It is important to have an understanding of these laws and the role they might play in the legal process. A better understand may help injured individuals to be more equipped to file and defend their case.
Personal Injury Claim in Florida Considerations With Statute of Limitations
An important law to consider is Florida’s statute of limitations. A statute of limitations is essentially a limited time window for an injured individual to file a personal injury claim. The statute of limitations varies based on the type of claim and the state in which the claim will be made. Generally speaking, Florida’s personal injury statute of limitations gives individuals four years to file a lawsuit.
This time window typically begins on the date that the incident or injury occurred. In cases where the individual was not aware of their personal harm until a later date, the statute of limitations may be extended. Individuals should also note that claims against city, county, or state governments have a three year statute of limitations.
Florida Comparative Negligence Rule
Defendants, or individuals against whom the claim is filed, may file a lawsuit defense called comparative negligence. Comparative negligence alleges that the injured party was fully or partially to blame for their own injuries. Plaintiffs, or individuals filing the claim, may be held accountable for any role they played in the incident or accident that caused the injury in question. In Florida, a “pure comparative negligence rule” is applied to these types of cases. This comparative negligence law states that is a plaintiff was at fault for the injury, their compensation will be reduced based on the plaintiff’s percentage of fault.
Comparative Negligence Rule Example
For example, consider a car accident during which the plaintiff was hit by a driver who ran a red light. The court may determine that the defendant was primarily responsible for the plaintiff’s injuries from the car accident. However, the defendant noted that the driver was speeding at the time of the accident, which contributed to the accident. As a result, the court deemed that the plaintiff was 10 percent responsible for the accident. This means that 10 percent of the plaintiff’s compensation will be deducted after he wins the lawsuit. Instead of the initial $10,000 in damages from the lawsuit, the plaintiff receives $9,000 after the 10 percent, or $1,000, is deducted.
Sources:
http://www.alllaw.com/articles/nolo/personal-injury/laws-florida.html
http://www.dmv.org/insurance/factors-that-affect-compensation-in-personal-injury-claims.php
