FAQ: Personal Injury Accidents and Claims
May 20, 2021
Florida personal injury law allows victims to recover certain damages when they are hurt because of the negligence of a third party. This comes in the form of monetary compensation, or “damages.” Learn more below.
What is a Personal Injury?
A personal injury is a type of lawsuit in which someone who has been involved in an accident can get compensation if the accident was a result of the negligence of a third party. A personal injury occurs when harm is done to a person’s body rather than their property.
What are Florida’s Negligence Principles?
Negligence is the crux of most personal injury cases. Negligence occurs when a person’s behavior falls below the standard of a reasonably prudent person and causes harm to the victim. To win a negligence case, you must first show that the other party owed you a duty of care, that they breached this duty, and that you suffered injuries due to this breach. A common example of this may be a drunk driving accident. The person who got behind the wheel of a car owed a duty of care to other motorists that he or she would adhere to safety laws; if an accident occurs as a result of the inebriated driver, then the victim would more than likely have the basis of a valid personal injury claim, especially if they were injured as a result of it.
Read more: Hurt In A Florida DUI Crash? Don’t Forget The Crimes Compensation Act
What Are the Different Types of Personal Injury Cases?
A personal injury case comes up anytime a victim gets injured. There are many ways a personal injury can occur, some of which include:
- Motor Vehicle Accidents: This is the leading cause of personal injury claims. Florida law allows a victim to file a personal injury lawsuit if it resulted in serious physical harm to the victim.
- Injuries Caused Due to Faulty Products: Defective products can cause serious injury to a person. Examples of harmful products include dangerous drugs, food, defective vehicle parts, etc.
- Dog Bites: Florida applies strict liability principles to these claims. This means that regardless of a dog’s past behavior, a dog owner is liable for the damages suffered by the victim who was bitten by the owner’s dog.
Read more: Can A Previous Accident Be Used Against Me In My Florida Car Accident Lawsuit?
Statute of Limitations
When a personal injury occurs, one has a limited amount of time to file a lawsuit. This is referred to as the statute of limitations. It is the deadline for filing a personal injury lawsuit in Florida. The general statute of limitations for personal injury lawsuits in Florida is four years from the date of injury. For claims against a governmental agency, the time limit is shorter, usually three years.
It is important to seek legal advice immediately after an accident before filing a lawsuit for personal injury to protect your legal rights and claims.
Read more: 5 Things You Should Look For In A Personal Injury Lawyer
Contact a Fort Lauderdale Personal Injury Lawyer to Discuss Your Personal Injury Case in Florida
Did you or a loved one sustain serious injuries due to a motor vehicle accident or slip and fall in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lawlor, White & Murphey represent clients injured in Broward, Dade, Palm Beach Counties, and throughout Florida. Call 754-226-1474 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 2211 Davie Boulevard, Fort Lauderdale, FL 33312 as well as offices in Pembroke Pines, Weston, Coconut Creek, Pompano Beach and Plantation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.