Do I Have a Valid Personal Injury Claim in Florida?
A personal injury claim arises when someone is harmed, either physically or emotionally, due to the negligence or intentional actions of another person or entity. In Florida, as in other states, there are specific criteria that must be met to establish a valid claim. The essence is that the responsible party’s negligence led to your injury.
Diving Deep into Florida’s Personal Injury Claims
Understanding the intricacies of personal injury claims in Florida is vital to ensuring your rights are protected and you receive the compensation you deserve. Let’s delve deeper into some of the pivotal aspects of personal injury claims in the Sunshine State:
- Establishing Negligence in Florida: Negligence is the cornerstone of any personal injury claim. To have a valid case, it’s imperative to demonstrate that the other party was negligent in their actions or inaction. This negligence means they did not uphold their duty of providing reasonable care, leading directly to your injury. Examples might include a store owner failing to mark a wet floor or a driver not following traffic rules.
- Comparative Fault System and New Changes: Up until March 24, 2023 Florida’s legal landscape used to operate on the comparative fault system. Under this framework, if you’re deemed to share any responsibility for the accident, your potential compensation will be adjusted accordingly. For instance, if you’re found to be 20% at fault, your compensation would be reduced by that percentage, leaving you with 80% of the potential award. HOWEVER, the new law signed into effect March 24, 2023 is now known as a “modified comparative fault system”. Under this new system, which clearly harms the injured person and helps large insurance companies and corporations, if the injured party is found more than 50% at fault, they have not claim.
- Statute of Limitations and New Changes: Time is of the essence when filing a personal injury claim in Florida, especially as of March 24, 2023. Prior to this date an injured party had a window of four years from the accident’s date (for most types of claims but not all) to initiate a lawsuit. However, as of March 24, 2023 injured Floridians now only have two years to file a claim. Missing this deadline can have severe consequences, potentially barring you from seeking any compensation. It’s crucial to act promptly and consult with a legal professional to ensure you’re within this timeframe.
- Damages: In personal injury claims, ‘damages’ refer to the monetary compensation you can pursue. In Florida, this can encompass a broad spectrum, from tangible costs like medical expenses and lost income to more intangible aspects like pain, suffering, and diminished quality of life. To bolster your case and ensure you receive a fair settlement, maintain thorough records of all related expenses and impacts on your life.
In the complex realm of personal injury law in Florida, knowledge and preparation are your allies. Ensuring you understand these nuances can make a substantial difference in the outcome of your claim.
Practical Advice for Potential Claimants in Florida
After experiencing an accident, your foremost concern should be your health. Promptly seeking medical attention is not just about immediate injuries; some issues might surface later, and early documentation can be pivotal for your claim. As you navigate the aftermath, make it a priority to gather thorough evidence at the accident site. Snap photographs from various angles, collect contact information from witnesses, and maintain a meticulous record of all expenses tied to your injuries.
When dealing with insurance companies, tread carefully. They often look for ways to minimize their payout. Before providing any recorded statements or detailed accounts, it’s wise to consult with a legal expert. Always remember, you inherently possess the right to seek compensation for any harm or injuries you’ve sustained. Don’t let anyone deter you from pursuing what’s rightfully yours.
Understanding whether you have a valid personal injury claim in Florida is the first step towards getting the justice and compensation you deserve. Every situation is unique, and what applies to one case might not apply to another. Therefore, it’s crucial to have experienced professionals by your side who understand Florida’s personal injury laws inside and out. They bring in-depth knowledge of Florida’s legal landscape, ensuring that you don’t miss crucial deadlines or overlook vital details. Moreover, they can objectively assess the worth of your claim, negotiate with insurance companies, and advocate fiercely on your behalf in court if necessary. Your attorney becomes your advocate, allowing you to focus on recovery while they champion your rights and interests, ensuring you get the fair compensation you deserve.
Contact The Law Office of Shannon J. Sagan, PA an Experienced Personal Injury Lawyer in Florida
If you or a loved one has suffered an injury and believe you have a valid claim, we’re here to help. Reach out to the Law Office of Shannon J. Sagan, P.A., at 1-800-FLA-LAWYER (352-5299) for guidance. We’ll walk you through the process, ensuring you understand your rights and options. Don’t navigate this challenging time alone; let us support you every step of the way.
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