Florida’s personal injury laws provide recourse and compensation if a victim suffered a personal injury due to the negligence of another. Florida’s personal injury statutes are complex and cover a multitude of types of injuries and accidents. If you or a loved one sustained personal injuries due to the negligence of another person, contacting The Dickstein Law Firm at 1 (888) 352-4878 will help you understand your legal rights.
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Types of Personal Injury Cases
Florida’s personal injury law, also known as “tort law,” governs cases where an injured party may obtain compensation when someone else’s negligence caused them harm. While not every situation or accident leads to liability, the following are common types of personal injury cases where you may receive compensation:
Car Accidents
Car accidents represent the most common personal injury cases. The Florida Department of Highway Safety and Motor Vehicles states that over 400,000 car accidents happen in Florida each year, and personal injuries occur in over 166,000 of these accidents.
Dog Bites
Under Florida Statute 767.04, Florida is a “strict liability” state, and dog owners are responsible and liable for the injuries caused if their dog bites someone. This liability exists even if the dog owner had no prior knowledge or warning that their dog might inflict harm.
Medical Malpractice
Medical malpractice claims are complex and occur when a doctor or health care professional fails in their duty of care towards a patient, and a patient suffers an injury as a result of their negligence.
Slip and Fall
Business owners and property owners have a duty to keep their premises safe from hazards. If an injury occurs on their property due to negligence, then the property owner will have breached their duty and could owe damages to the injured party.
Determining if you have a personal injury case can be challenging. Contacting The Dickstein Law Firm can help you understand your rights in your personal injury case.
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Establishing a Personal Injury Case in Florida
An Oviedo personal injury lawyer must prove that your case meets the following four elements: duty, breach of duty (negligence), causation, and damages.
- Duty: There must be a duty by the defendant to not cause injury. A driver must obey traffic laws. A medical professional must provide responsible medical care for a patient. A business owner must ensure that his property is safe from hazards for customers and clients. In these cases, there is a duty by the liable party to create a safe environment and not cause harm.
- Breach: Florida Statute section 768.81 establishes the laws regarding negligence within the state of Florida. Negligence is a legal term indicating someone has failed to behave with the care as an ordinary person with prudence would have behaved in the same circumstances.
- Causation: We must prove that your personal injury was a direct result of someone’s negligence and the breach in the duty of care that they owed you.
- Damages: To successfully bring a personal injury lawsuit, you must have suffered actual damages (physical, emotional, or financial harm) through another’s negligence.
Contacting The Dickstein Law Firm at 1 (888) 352-4878 will connect you to a member of our legal team for a free consultation.
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Florida Personal Injury Law
While Florida’s personal injury laws establish the ability to compensate injured victims, they are numerous and complex. Here are a few important personal injury laws that may affect your case.
Florida’s Comparative Negligence Law
Florida Statute section 768.81 establishes Florida’s pure comparative negligence rule. This protects your right to pursue compensation even if you are partially at fault for the accident. As an example, if you are 10% at fault in the accident, you are still entitled to 90% of the compensation for the personal injury claim. This law is complex but should never deter you from the pursuit of your lawsuit.
Florida Serious Threshold Injury
Florida is unique, as it is one of just a few “no-fault” states. This means that often you will have to attempt to seek compensation from your insurance depending on the personal injury and accident that occurred. However, your Oviedo personal injury lawyer can help you understand your rights and demonstrate that your injuries rise to a higher level. If you can prove that your injury reaches the serious threshold level, you will be able to pursue additional compensation from the liable party.
The four categories in Florida that allow you to pursue additional compensation under the serious threshold injury standard are:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
An Oviedo personal injury lawyer will help determine if your case rises to the serious threshold injury level so that you secure your rights to pursue any compensation to which you are entitled.
Florida Statute of Limitations
You must file your personal injury lawsuit before a certain deadline called a statute of limitations. If you fail to file your lawsuit by this date, the Florida courts will likely dismiss your case, even if you have a valid claim. According to Florida Statute section 95.11(3)(a), if you suffered a personal injury due to the negligence of another, you have four years from the date of the injury to file a lawsuit.
The Dickstein Law Firm can help you understand how the statute of limitations laws apply to your case and help you understand your rights.
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Contact an Oviedo Personal Injury Lawyer Today
Florida’s personal injury law covers a multitude of accidents. If you have suffered a personal injury due to someone else’s negligence, contacting The Dickstein Law Firm will help you understand your legal rights, negotiate a fair settlement, and help you take your case to trial if an equitable settlement cannot be reached.
Call The Dickstein Law Firm today at 1 (888) 352-4878 for your free consultation and to find out how our legal team can help you.