Understanding Florida’s Personal Injury Laws

Understanding Florida’s Personal Injury Laws

Negligence is a disregard or care for how one’s actions affect the well-being of others. For example, drunk driving is a negligent act. In fact, one may argue it is grossly negligent. Consuming too much alcohol where impairment results and actively deciding to get behind the wheel puts everyone in danger. The inebriation of a driver that causes a crash makes that driver negligent and, as a result, liable for damages that they caused others.

Every state in the nation has its own injury laws for how victims of unintentional injury accidents obtain compensation for their losses. Typically, where applicable, a personal injury claim is the mechanism victims use to receive financial compensation. Personal injury claims are civil actions in which financial compensation is awarded to the injured victim or the surviving loved ones. Criminal punishments, like jail time, do not apply in civil cases.

For assistance with a personal injury claim in Florida, please reach out to a Tampa personal injury attorney at Fulgencio Law today.

An Overview of the Basics of Florida Personal Injury Law

Understanding Florida's Personal Injury LawsThe following highlights the basics of Florida personal injury law

  • Florida is a no-fault insurance state meaning that when an injury accident happens, a victim will use their own insurance to cover their costs. But, when their injuries are serious, like permanent injury or death, they can file a claim against the negligent party that caused their harm for further compensation.
  • It is possible to file an injury claim against any party that is liable for defective products that cause consumers injuries.
  • Florida follows a strict liability system when it comes to dog bites. Regardless of the circumstance, a dog owner will be liable for injuries their dogs inflict on others. Though, if a victim teased or provoked a dog, their compensation could be affected.
  • Florida’s comparative negligence rules state that if a victim has some responsibility for causing their injury accident, their compensation will be reduced by the amount of responsibility they are deemed to have for the accident.

Four elements must be present in a claim for it to be successful in securing financial compensation. These are:

  1. The defendant had a duty of care to the plaintiff.
  2. The defendant violated that duty of care.
  3. The defendant’s violations of their duty of care caused an accident.
  4. The victim suffered injuries and damages due to the accident.

Several damages can be included in one’s Florida personal injury claim. Some of the most common include:

  • The cost of medical expenses, treatment, and care.
  • Lost income from an inability to work.
  • Pain and suffering.
  • Property damages.

All civil actions have a limited time for a claim to be filed. This is known as the statute of limitations. In Florida, a prospective claimant typically has four years from when their injury accident took place to file a claim.

Speak to Fulgencio Law Today

If you have questions or would like help filing an injury claim, please call Fulgencio Law today to schedule a free consultation at (813) 463-0123.

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