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When you’re in an accident, suffering from medical malpractice, or grieving the loss of a loved one because of another party, you may be eligible to seek compensation.
Florida has some tricky personal injury laws, and it can be challenging to decipher the legalese when you’re already handling medical bills, injuries, and rehabilitation.
Top personal injury lawyers in Florida can help fight your case.
Much of the law is open to interpretation, and a non-lawyer is going to have a difficult time with legal loopholes and arguments.
Hiring a personal injury attorney for your lawsuit can help you file on time and with correct documentation.
An attorney will know what fees you owe, when and where to pay them, and what papers to file when. Additionally, hiring a legal representative to help with your case gives you time to focus on healing.
Florida has a high rate of personal injury cases, and recent legislation has revolutionized how these cases can be filed and regulated in the state.
These statistics give you a better idea of personal injury facts in Florida:
Motor vehicle accidents
394,219
in 2023
Crashes resulted in injuries
64%
of all 2023 crashes
Fatalities
9%
of all 2023 crashes
Leading causes of fatalities
drug poisoning, falls, and MVAs
in 2022
Reason for most non-fatal ER visits and hospitalizations by intent
assault
Fitting into these categories is not a guarantee that a personal injury attorney will take your case, as a number of other factors affect eligibility.
These are some of the cases Florida personal injury lawyers accept:
Injuries in these types of cases can stem from impact, as in a car crash, or issues with prescribed treatments, among other factors.
Some of the most common injuries in Florida personal injury cases are:
Florida requires residents to carry personal injury insurance (PIP) in case of an accident. To bring a lawsuit against another party in Florida, you must prove that they failed in their duty of care through negligence.
For example, failing to come to a complete stop at an intersection before proceeding can lead to a car crash or striking a pedestrian. In that case, the driver of that vehicle neglected to follow traffic laws and is at fault for the accident.
Or if a store manager mops up a broken pickle jar mess in an aisle but fails to put up a wet floor sign, they’ve behaved negligently.
As with most other states, personal injury and wrongful death lawsuits both fall under personal injury laws in Florida.
Know that recent changes to Florida laws can impact your filing deadlines, how much you can sue for, and what information you must disclose about your treatment.
For non-fatal injury in Florida, you file a personal injury lawsuit. Florida statute of limitations for most cases is two years from injury or discovery of injury, if it presents at a later date but can be tied to the initial incident or medication.
For fatal injury in Florida, family members file on behalf of the deceased.
Florida is a no-fault state that applies modified comparative negligence to personal injury lawsuits.
This means that you file with your insurance company for damages that fall under your PIP, such as any covered medical bills or lost wages.
For other types of damages, the claims adjusters and lawyers of each company will determine and assign fault percentages to each party.
Anyone found to be more than 50% at fault is ineligible to collect any compensation for damages.
If the courts get involved, they will pass verdicts on the involved parties to determine fair settlements.
Also, know that any percentage of fault given to you below 50% reduces your compensation by that amount.
None of the adjusters or attorneys in this scenario are on your side. They’re all representing their respective companies and protecting those assets, meaning they will do what they can to reduce or deny your claims and avoid a big payout.
Having an attorney on your side means that someone else in the room is invested in your well-being.
The seriousness of an accident is considered as part of any lawsuit. It can contribute to or detract from the eligibility of your case.
Severe injuries generally fall under the two-year statute of limitations, but injuries that are permanent and significantly alter your way of life, including the work you’re able to do, may have different guidelines.
Your PIP may cover initial damages, sometimes enough to get you through the first part of post-incident life.
Your medical and collision insurance, as well as the other party’s liability insurance, may cover additional damages, but you’ll have to check your specific policies and your settlement terms.
It’s easy not to know if you have a valid personal injury case in Florida. Reach out to LegalFinders, and we’ll evaluate your case for free.
If we find it’s eligible to file, we’ll set you up with a local, vetted personal injury attorney for a free consultation.
Make sure that you have medical treatment and damage repair receipts, police reports, pictures and video of the accident scene, personal and witness written accounts, and any other relevant documentation to give to your lawyer, insurance company, and the court.
The more you have, the less work your attorney must do, potentially moving your case along.
Your attorney will help you with the correct paperwork and filing deadlines. Know that the state of Florida places a two-year statute of limitations on most personal injury suits.
Exceptions are made for certain types of cases, like those involving sexual assault, victims who were minors at the time of the incident, and lawsuits against the government.
Yes. While a higher settlement is not a guarantee with a Florida personal injury lawyer, it’s more likely because you’re less likely to miss filing paperwork correctly and miss important fine print in all the legalese.
It’s important to find a good quality attorney rather than simply picking one out of the phone book or off the local billboard.
Asking around in your community or using a website like LegalFinders can improve your chances of connecting with an attorney who will have your best interests in mind.
Top qualities for a Florida personal injury lawyer can include how high their ratings are, how many awards they’ve won, and how many cases like yours they’ve successfully argued.
Reach out to LegalFinders if you need help locating the right attorney for your case. We vet all attorneys and review your case before matching you.
We’re available 24/7 and happy to connect you with the best personal injury attorney for your unique case in Florida.
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Published: 12 April 2024
Florida Health. “Injury Prevention.” Retrieved from: https://www.floridahealth.gov/programs-and-services/prevention/injury-prevention/index.html.
Florida Health. “Leading Causes of Fatal Injury Dashboard.” Retrieved from: https://www.flhealthcharts.gov/ChartsReports/rdPage.aspx?rdReport=LeadingCausesofFatalInjury.Dashboard.
Florida Health. “Non-Fatal Injury Emergency Department Visits Profile.” Retrieved from: https://www.flhealthcharts.gov/ChartsReports/rdPage.aspx?rdReport=ChartsProfiles.NonFatalEDVisitsProfileDASHBOARD.
Florida Health. “Non-Fatal Injury Hospitalizations Profile.” Retrieved from: https://www.flhealthcharts.gov/ChartsReports/rdPage.aspx?rdReport=LeadingCausesofFatalInjury.Dashboard.
Florida Highway Safety and Motor Vehicles. “Florida Crash Dashboard.” Retrieved from: https://www.flhsmv.gov/traffic-crash-reports/crash-dashboard/.
Florida Highway Safety and Motor Vehicles. “Involved in a Crash?” Retrieved from: https://www.flhsmv.gov/insurance/involved-in-a-crash/.
The Florida Senate. “CS/CS/HB 837 — Civil Remedies.” Retrieved from: https://www.flsenate.gov/Committees/BillSummaries/2023/html/2949.
WGCU. “Sharp differences over changing Florida’s law on personal injury and damage lawsuits.” Retrieved from: https://news.wgcu.org/government-politics/2023-03-29/sharp-differences-over-changing-floridas-law-on-personal-injury-and-damage-lawsuits.
