Personal Injury Law Firm in Florida
When people in Florida are injured due to the carless or unsafe behavior of another person or company – or their homes are devastated by a hurricane and the insurance company is being uncooperative – they can turn to the personal injury and property damage attorneys at Kanner & Pintaluga for assistance. We have offices throughout the state that are ready to serve you.
Florida Personal Injury Laws
Although the Florida laws governing personal injury cases are similar in many respects to other states’ laws, there are some aspects personal injury claimants should be made aware prior to filing their claim.
- Florida laws give personal injury victims four years after the injury incident to file a personal injury claim against the negligent parties.
- As a comparative negligence state, you can still maintain a claim for injuries even if you are partially at fault for an accident. Your ultimate recovery would be reduced by your percentage of fault. For example, if you are injured in a car accident and it’s determined that you were 20 percent at fault and the full damages would have amounted to $10,000, you would receive $8,000.
- Florida is a no-fault car insurance state. What this essentially means is if you’re injured in an accident your own insurance company will need to pay for losses, such as medical expenses and lost wages, up to the limits of insurance, typically $10,000 per person. However, the no-fault rule is waived in the event of serious injury. Serious injuries are usually considered those that result in a permanent impairment assessed by a physician, permanent scarring, disfigurement or loss of bodily function. Your choice of lawyer in this regard is important, because the interpretation of the severity of auto accident injuries is often subjective. A skilled auto accident attorney may be able to convincingly argue that your injuries meet these thresholds.
- Florida personal injury law does not abide by the more lenient one bite rules many states use. In some states, dog owners aren’t held liable for a dog bite if the dog had never bitten anyone before and they had no reason to suspect the dog was aggressive. In Florida, dog owners can be held liable for the first dog bite regardless of whether the dog had established a pattern of aggressive behavior prior to the incident.
- The only damage caps on Florida personal injury cases pertain to punitive damages. In Florida, a personal injury victim cannot win punitive damages greater than three times compensatory damages or $500,000 – whichever amount is higher. However, punitive damages are specifically designed to punish intentionally negligent or particularly bad behavior, such as drunk driving. They are not available in every case.