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If you have to file an insurance claim or a personal injury lawsuit after getting into an accident in Florida, it’s important to be familiar with the laws of the state. These laws, particularly the statutes of limitations, come into play when you’re taking your case to court to receive a fair settlement.
You’ll also need to learn more about liability in an accident and insurance requirements to know what to expect as you go through the filing process. Here are some crucial things to consider if you’re filing your personal injury case in Florida.
Deadlines For Filing Your Personal Injury Lawsuit
Florida has a statute of limitations that enforces a limit on the time you have to file your lawsuit against the entity or individual liable for your injury.
According to the state’s statute of limitations (Florida Statutes Annotated section 95.11(30), you have four years from the date the accident occurred to file the lawsuit in a Florida civil court. If you don’t file the personal injury case within the allotted four years, the courts will likely refuse to hear the case, and you’ll have no chance of receiving a settlement.
Sometimes, you may not know that you suffered harm from the accident right away. In this situation, the statute of limitations could be extended based on the discovery rule.
Some other exceptions can change the deadline, such as filing a lawsuit against Florida’s state and local government. You’ll have to work with your lawyer who is familiar with the specific regulations of the case to learn if you qualify for any extensions.
It’s crucial to note that the statute of limitations mentioned here pertains to most Florida personal injury cases. Florida, like most states, has a particular statute of limitations for lawsuits that involve injuries as a result of medical malpractice.
If you get into a car accident in the Boca Raton area, you should contact an injury attorney in Boca Raton to help you with your personal injury case. They can ensure that you meet the statute of limitations and other deadlines crucial to your case.
The Comparative Negligence Rule In Florida
In some circumstances, the defendant may counter your claim by saying that you are at least partially liable for your injuries. The defendant may also argue that your actions after the accident worsened your injuries if you already had an existing health condition. If you are partially at fault for the accident, this will affect the amount of your settlement.
Florida is one of the states that follows the pure comparative negligence rule for cases where more than one party is liable. The compensation amount you can receive will be reduced according to the percentage of fault you share in the accident.
For example, if you’re in an accident because the other driver ran a red light, but you were speeding, you could be partially at fault for the accident.
Once the court hears the case, you may be 15% liable while the defendant is 85% responsible. If your damages came to $10,000, your award may be reduced to $85,000 to account for the 15% liability you share in the accident.
Florida courts must follow this rule in a personal injury case. If you’re dealing with a claims adjuster outside of the Florida court system, the insurer will likely address the comparative negligence rule while you’re negotiating your settlement.
Florida No-Fault Car Insurance Rules
When it comes to car accidents in Florida, a no-fault insurance system is used. This means that the insurance the victim has will cover certain losses like lost income and medical bills regardless of who is liable for the accident. If you’re a passenger in the accident, the driver’s policy will cover your injuries and damages.
Your attorney can review the details of your personal injury case and let you know how much you can expect to receive in a personal injury settlement. Your lawyer will also explain the Florida statute of limitations so you can submit the proper documentation and evidence to bring your case to court within the required time frame.
Marco M. Heath
Growing up in a family of lawyers, I was immersed in intense debates on justice and law from an early age. What is more, as the child of a car accident victim left with life-long physical repercussions, I know too well how life-changing an accident can be.
When it came to pursuing my studies, it felt natural to further immerse myself in the legal field. Since then, I made it my personal goal to spread information about US law in an accessible way so anyone can stand up for what is right. I aim to dedicate my future career in law to help those who feel voiceless when facing justice.