Most people are first introduced to Florida personal injury law when they get injured, or when they find themselves in the position of being sued. For an injured party struggling to heal through the traumatic confusion of such an experience, trying to navigate the intricacies of the statutes, court procedures, timelines, and vocabulary of this process can be overwhelming. BCN Law Firm hopes to offer some assistance by providing an outline of facts that are most pertinent to the hundreds of clients we’ve helped through this experience.
What Should I Know About Personal Injury Law?
1. Nobody is absolved from Liability in a Car Accident
Florida is a no-fault state, but that doesn’t mean liability is thrown out the window in car accident cases. Florida’s no-fault laws require all registered vehicles to have personal injury protection (PIP) coverage that covers the policyholder up to $10,000 for lost wages and medical bills in case of an accident. This means that your own insurance pays for the damages first, regardless of fault. However, $10,000 is often a drop in the bucket when it comes to severe injuries. When PIP doesn’t cover your damages, determining liability becomes essential so the injured party can take legal action.
2. The New Statute of Limitations
Florida personal injury law used to allow up to 4 years for personal injury claims to be filed. That changed in 2023 – now, people have only two years to file a claim. While two years sounds like a long time, insurer negotiations can take much longer than you expect, and you can only file a case after such negotiations fail. The shorter timelines means attorneys have much less time to investigate the case, decide if the defense settlement offers are thorough and fair, and/or file a lawsuit if needed. Prospective plaintiffs should consult with an attorney as soon as possible.
3. Florida Is A Modified Comparative Negligence State
Comparative negligence refers to a situation where both parties share fault. Until 2023, a plaintiff could be 99% liable for the accident and still sue for 1% in damages. Now, if you’re found 51% at fault, you are unable to file a claim. This means that establishing liability is critical. An experienced Florida personal injury lawyer will collect evidence, build your case, and help you fight against claims of comparative negligence.
4. Lawyers Are Only Paid When You Are
Florida injury lawyers are paid on a contingency fee basis, meaning that their fee comes out of your winnings. If we don’t successfully win your case, you don’t have to pay at all. This means we will offer a fairly accurate assessment of your odds from the start- there’s no reason for us to pursue a losing case.
5. There’s A Cap On Punitive Damages
Florida personal injury cases fall into two categories: Compensatory and Punitive. Compensatory damages compensate the person who was injured by the negligence of another. Punitive damages punish the wrongdoer for their actions. Personal injury cases almost never involve punitive damages, and in the rare case you are awarded punitive damages, they are capped at $500,000 or 3x the amount of compensatory damages.
Contact Us Today
Your greatest chance of having an optimal outcome for your car accident case is to consult with a car accident lawyer who can evaluate your case and help you gather evidence. Call BCN Law Firm to consult with an experienced Florida Personal Injury lawyer today.