We are all required to use a certain degree of care in our dealings with other people. When someone fails to fulfill this responsibility and an injury results, the at-fault party could be held financially liable by the injured party under a personal injury lawsuit. To learn more about filing a negligence-based claim of your own, please contact one of our experienced lawyers today.
Personal Injury Caused by Negligence
In most personal injury cases, an injured party will only be entitled to recover damages when there is evidence demonstrating that someone else’s negligence caused his or her injury. Negligence claims can be based on a wide range of accidents, including:
- Car accidents;
- Dog bites and animal attacks;
- Slip and fall accidents;
- Medical malpractice;
- Defective consumer products;
- Bicycle and pedestrian accidents;
- Workplace accidents; and
- Nursing home abuse and neglect.
It’s important to note that there are certain limitations to filing a personal injury claim when a particular accident is involved. For instance, Florida is a no-fault auto insurance state, which means that generally, motorists who are involved in car accidents must file claims to recover compensation with their own insurers regardless of who caused the crash. Fortunately, there is an exception to this limitation that applies in cases where a person suffers a serious injury in a car accident. In these situations, the injured motorist could recover compensation in excess of his or her insurance policy and could also be entitled to non-economic damages like pain and suffering.
Personal Injury Damages
Personal injury damages awards are intended to compensate accident victims for all of their economic and non-economic losses, including compensation for:
- Past and future medical expenses;
- Loss of income;
- Property damage;
- Emotional distress;
- Pain and suffering; and
- Permanent disability.
Fortunately, this compensation is available even when a plaintiff is found to have contributed to an accident. In these cases, the law of comparative negligence will apply, which means that each party will be held accountable for his or her own percentage of fault in causing the accident. In the case of a plaintiff who also contributed to an injury, his or her award would simply be reduced by his or her own degree of fault.
Personal Injury Deadlines
An injured Florida plaintiff will only be able to collect personal injury damages if he or she files a claim before the expiration of the statute of limitations. In most Florida injury cases, the time limit for plaintiffs is four years from the date of their injury. There are, however, some exceptions to this rule. If, for example, a person’s injuries led to his or her death, that individual’s loved ones would need to file a claim within two years of the death in order to be eligible for damages. Similarly, claims based on medical negligence must be filed within two years of the negligent act in question, although in some cases, this deadline could be extended by up to five years.
Contact Our Brandon Personal Injury Lawyers Today
If you or a loved one sustained an injury in an accident through no fault of your own, you could be entitled to compensation for related losses. Please call 813-506-5651 to learn more about your legal options from one of the experienced Brandon personal injury lawyers at Palmer | Lopez today.