Personal injury lawsuits are a common legal action filed in the United States. These cases arise when someone is injured or harmed due to the actions or negligence of another person or entity.
If you live in Florida and have suffered a personal injury, you may wonder if you can sue to recover damages.
The answer to this is not simple. It depends on the situation and circumstances. However, if you were involved in an accident where you were injured due to someone else’s negligence or recklessness, our legal team at Zimmet & Zimmet can help.
We will review the facts of your case to determine if you can file a lawsuit.
Here, you can learn more about suing for a personal injury, your rights, and what the law in Florida says.
Florida Personal Injury Laws
Florida has specific laws that govern personal injury lawsuits. These laws define the types of damages that can be recovered, the statute of limitations for filing a lawsuit, and other important aspects of the legal process.
Here are some key Florida personal injury laws to keep in mind:
Statute of Limitations
A strict time limit exists for filing a personal injury lawsuit in Florida. The statute of limitations for most personal injury cases is four years from the date of the accident or injury. However, there are some exceptions to this rule.
For example, medical malpractice lawsuits must be filed within two years from the date the injury was discovered or should have been discovered.
Comparative Negligence
Florida follows a comparative negligence system when it comes to personal injury cases. This means that if you are partially at fault for your injuries, your damages will be reduced by your percentage of fault.
For example, if you are awarded $100,000 in damages but are found to be 20% at fault, your award will be reduced to $80,000.
No-Fault Car Insurance
Florida is a no-fault state when it comes to car accidents. This means that if you are injured in a car accident, you must first seek compensation from your insurance company, regardless of who was at fault for the accident.
However, if your injuries meet certain criteria, such as a permanent disability or disfigurement, you may be able to sue the at-fault driver for additional damages.
Damage Caps
In Florida, there are limits on the damages that can be recovered in certain personal injury cases. For example, non-economic damages, such as pain and suffering, are capped at $500,000 in medical malpractice cases and $750,000 in non-medical malpractice cases.
Premises Liability
Property owners in Florida must keep their premises safe for visitors. If someone is injured on a property due to the owner’s negligence, the owner may be liable for damages.
Florida Personal Injury Statistics
According to the Florida Department of Highway Safety and Motor Vehicles, there were over 400,000 car accidents in Florida in 2020. Nearly 160,000 resulted in injuries, and over 3,000 were fatal.
In addition, the Florida Department of Health reported over 40,000 hospitalizations due to unintentional injuries in Florida in 2019.
Some of the most common types of personal injury cases in Florida include the following:
Car Accidents
As mentioned above, car accidents are a leading cause of personal injury in Florida. These cases can involve everything from minor fender benders to multi-car pileups.
Slip and Fall Accidents
Slip and fall accidents occur when someone slips, trips, or falls on someone else’s property due to a hazard or dangerous condition. These cases often arise in grocery stores, restaurants, and other public places.
Medical Malpractice
Medical malpractice occurs when a healthcare provider’s negligence leads to injury or harm. This can include misdiagnosis, surgical errors, and medication mistakes.
Product Liability
Product liability cases arise when a defective or dangerous product causes injury or harm. These cases can involve everything from faulty car parts to dangerous medications.
Dog Bites
If a dog bites someone, the owner may be liable for damages. Florida has a strict liability dog bite law, which means that the owner is liable for damages even if the dog has never bitten anyone before.
Assault and Battery
Assault and battery cases involve intentional acts of violence that result in injury or harm. These cases can arise from various situations, including bar fights, domestic disputes, and workplace incidents.
Wrongful Death
Wrongful death cases are filed when someone dies due to another person’s negligence or wrongful act. These cases can arise from car accidents, medical malpractice, and other personal injury incidents.
Can You Sue for a Personal Injury in Florida?
If you have suffered a personal injury in Florida, you may wonder if you can sue to recover damages. The answer is yes, in many cases. However, it is important to understand Florida’s laws and legal processes before you file a lawsuit.
To successfully sue for a personal injury in Florida, you must be able to prove the following:
- Duty of Care: The defendant had to exercise reasonable care to prevent harm to others.
- Breach of Duty: The defendant breached this duty by failing to exercise reasonable care.
- Causation: The defendant’s breach of duty caused the plaintiff’s injuries.
- Damages: The plaintiff suffered damages due to the defendant’s breach of duty.
If you can prove all of these elements, you may be able to recover damages for your injuries.
These damages may include the following:
- Medical Expenses: You may be able to recover the cost of medical treatment for your injuries, including hospital stays, doctor visits, and medication.
- Lost Wages: If your injuries prevent you from working, you may be able to recover lost wages and income.
- Pain and Suffering: You may be able to recover damages for physical pain, emotional distress, and other non-economic losses.
- Punitive Damages: In some cases, the court may award punitive damages to punish the defendant for particularly egregious behavior.
If you are considering filing a personal injury lawsuit in Florida, consulting with an experienced attorney is important. A skilled attorney can help you navigate the legal process, gather evidence, and build a strong case for damages.
Contact Zimmet & Zimment for Help with Your Florida Personal Injury Case
Personal injury lawsuits are a common type of legal action in Florida. If you have suffered a personal injury due to the actions or negligence of another person or entity, you may be able to recover damages through a lawsuit.
However, it is important to understand Florida’s laws and legal processes before you file a lawsuit. Working with an experienced attorney can build a strong case and recover the compensation you deserve.
If you have questions or need representation, contact our legal team at Zimmet & Zimmet. We can help you deal with this complex legal matter.
