While auto accidents continue to be the leading cause of personal injuries in the State of Florida, personal injury claims can stem from several places. In fact, personal injury law covers any injury caused by someone else’s negligence. This is especially important to remember in Florida, where personal injury laws recognize that treating serious personal injuries comes at a high cost that must be compensated.
Could your injuries have been avoided if someone had followed the right protocol? Asking this question is an excellent approach when trying to assess the viability of your personal injury claim. This means that, to sue for personal injury in Florida, you must be able to prove the negligence of the other party.
If you or someone you know has been injured due to someone else’s negligence, you should contact a licensed negligence lawyer in Bartow, Florida right away. While you can represent yourself in civil proceedings, having a knowledgeable lawyer on your side will maximize your chances of winning the compensation you deserve.
At O’Toole Law Group, while we are always willing to defend your rights, we also believe in educating people about their constitutional rights. To that end, we have put together a list of the top four things you should know about Florida’s personal injury laws.
Your claim is only valid for up to four years.
Personal injury cases in Florida have a four-year statute of limitations from the date of the injury. While this appears to be a straightforward time limit, there are a few exceptions. The time limit can extend for a longer period in some rare circumstances. For example, if some injuries were directly caused by the accident but did not manifest themselves right away. If you are wondering whether your case may be an exception, a reputable negligence lawyer in Bartow, Florida can help you make that determination.
Negligence can be shared.
In the State of Florida, the pure comparative negligence rule applies, which means that the payout you receive is reduced based on your degree of fault and/or negligence in the accident that caused your injuries. For example, if you were injured in a traffic accident at night in Bartow, Florida and the other driver was driving a vehicle with defective headlights, that could be enough to prove fault. However, you would have contributed to the accident if you were also distracted while driving (by your phone or someone in the rear seat) or speeding. In this case, a jury will have to decide what percentage of the accident you were responsible for. If you were found to be 25% at fault, for example, your $100,000 claim would be reduced to $75,000 instead.
There is a punitive damage cap.
In some rare cases, the court will award punitive damages in addition to compensatory damages to deter the defendant from committing similar acts of gross negligence and malice in the future. Punitive damages in Florida are limited to $500,000 or three times the amount of compensatory damages (whichever amount is greater).
You can sue the government for negligence.
Some people are surprised to learn that it’s possible to sue a government agency or office for negligence. This is thanks to Florida Statutes Title XLV. Torts § 768.28, which states that Florida has conditionally waived its immunity from liability in certain circumstances.
Looking for an Experienced Negligence Lawyer in Bartow, Florida? Contact O’Toole Law Group.
If you have recently been injured due to someone else’s negligence, you may be entitled to compensation. If you are ready to discuss your case with an experienced negligence attorney in Bartow, Florida, the team at O’Toole Law Group is here to assist you. Contact us today at (863) 533-5525 to schedule a free legal consultation.
