Personal injury claims are usually filed as part of a process to recompense for injury or damage arising from an accident. The average amount of settlement you can expect in Florida will vary depending on the circumstances of the accident. According to Find Law, the determining factors include the severity of the injuries, loss of wages, cost of medical expenses, type of insurance coverage and the attorney’s ability to argue the case.
The other deciding factors are the strength of the evidence and the degree of fault. As part of remediation, the law requires all drivers in Florida to obtain a No Fault Insurance or Personal Injury Protection (PIP) to cover injuries sustained in the event of an accident regardless of the party at fault. There are certain aspects of personal injury claims that are unique to Florida. According to All Law, the specifics include:
1. No fault insurance laws
The state of Florida adheres to a policy of no fault insurance system when it comes to automobile accidents. This means the injured person’s insurance policy will cover a certain amount of compensation regardless of the party at fault. The expenses range from lost income to medical expenses.
In addition, the injured party cannot hold the other driver liable either through an insurance claim or personal injury lawsuit. The matter can only be overlooked were the crash results in significant or permanent injury, be it scarring, disfigurement or loss of body function. The situations described are subject to interpretation.
2. Comparative negligence law
This portion of the law applies when the party accused of causing injury or damage goes back to prove their innocence or lesser liability. Since the decision to apportion blame can greatly impact the amount of compensation to be paid, Florida follows a pure comparative negligence rule. Under the rule, compensation is apportioned based on the sum equal to the percentage of fault. This means, the insurance adjuster can reduce or increase your comparative negligence rule after an assessing the degree of fault on both sides.
3. Deadlines for filing lawsuit
The amount of time needed to file a case in Florida’s court system is entrenched in the state’s statute of limitations law. It is important to note that separate statutes of limitations govern personal injury and medical malpractice. For personal injury cases, a lengthy duration of 4 years is issued, beginning from the accident date. If the case is not filed within the stipulated time frame, the court will be at liberty to throw out the case. However, filing could be extended in special situations such as the emergence of new revelations.
4. Damage limitations in injury cases
The total amount of money that can be awarded for injury or damage is specified in the damage caps statutes. The trend here is to limit the recovery stemming from pain and suffering or non-economic damages. Florida limits punitive damages to an amount thrice the compensatory damages or $500,000. Personal injury claims involving auto accidents and slip and fall are categorized as common personal injury.
Personal Injury Attorney in Tampa
The Tampa based KF&B law firm is a leading personal injury practice serving greater Florida. The attorney’s working for KF&B are specialists in the following areas of practice: automobile related accidents, wrongful death, felony criminal defense, misdemeanor criminal defense and trucking accidents among others. Lead attorney, Manuel Fernandez holds a BSc degree from the University of South Florida and Juris Doctor from the University of South Texas, College of Law.
The Tampa personal injury attorneyteam also includes attorney’s Kinney and Boire. As part of its corporate responsibility, the law firm is also involved in various community initiatives. Some of the organizations it supports include Make-A-Wish of Southern Florida and Davis Island Youth Sailing Foundation. To get in touch with a Tampa personal injury attorney, call the office or go online and submit your name, phone number and case details.