If you’re injured as a result of another person or organization’s negligence, carelessness, recklessness or intentional behavior, then you can file a personal injury lawsuit against the responsible party. Under Florida’s personal injury laws, for your case to be successful, you must:
- File the claim within four years of your injury (this is known as the statute of limitations), or three years if the responsible party is a city, county or state government
- Prove that the party whose actions or inactions caused your accident had a responsibility to keep you from being injured
- Demonstrate that the accident caused injuries or financial expenses
A Tampa personal injury lawyer can review the specifics of your situation and determine whether you have cause for a personal injury lawsuit. If you do, the attorney can try to negotiate an out-of-court settlement with the responsible party and file a lawsuit on your behalf if those negotiations are unsuccessful. Your lawyer can also vigorously represent you in court.
Types of Florida Personal Injury Cases
Personal injury law encompasses many types of accidents and injuries. These include:
- Animal bites, including dog bites
- Medical malpractice
- Defective products
- Nursing home abuse
- Boat accidents
- Slip and fall accidents
- Truck accidents
- Construction accidents
Because Florida requires drivers to have no-fault automobile insurance, if you’re in an accident with another driver, your insurance will automatically pay for medical expenses, the cost of repairing or replacing your car, and other accident-related costs. For routine accidents, this means you can’t file a personal injury lawsuit against the responsible party. However, personal injury lawsuits are allowed if you suffer serious injuries. Check with a Tampa accident lawyer to find out whether your car crash or motorcycle accident is serious enough to allow you to file a personal injury lawsuit.
Florida Negligence Law
When determining how much money to award an accident victim, Florida courts follow something known as the pure comparative negligence rule. Under this rule, the court will ask: How much responsibility does each person bear in this accident? For example, suppose you were in a motorcycle accident that was largely someone else’s fault, but you weren’t wearing a helmet. The court might determine that you bore 40 percent of the blame because you would have suffered fewer injuries if you were wearing a helmet and the other party bore 60 percent of the blame. If you had $100,000 in accident-related expenses, your award would be reduced by 40 percent, for your share of the responsibility, and you’d only receive $60,000 in damages.
