Personal Injury Law in Florida
The state of Florida requires that in cases of personal injury, the plaintiffs must prove that the incident was caused due to the defendant’s carelessness or negligence. Plaintiffs must also prove that the defendant’s wrongdoing actually caused their damages and/or suffering.
In Florida, a contributory negligence law is in effect. This means that even if you were mostly at fault, you may still be entitled to some monetary compensation. The more at fault you are however, the less compensation you can receive. A comparative negligence rule is also in effect. This means that every party involved in the accident cannot be made to pay all of your losses, the losses are simply divided up among those at fault according to their individual percentage of fault.
In the case of a consumer product personal injury lawsuit, Florida uses strict liability law. This can be helpful for plaintiff’s in these types of lawsuits. In order to win a personal injury lawsuit in these kinds of cases in Florida, the plaintiffs must prove that the product was made with one or more errors, which caused the consumer harm and damaged them in a substantial way. To be successful in a personal injury lawsuit over a flawed consumer product in Florida, the plaintiff must also prove that they were correctly using the product.
In cases of medical malpractice in Florida, there is a limit on non-monetary damages, but there is no limit on monetary damages. If the person at fault is a medical professional, the cap may be $500,000 or $1 million. If the person at fault is not a medical professional, the cap can be $750,000 or $1.5 million. In these types of cases, it is always best to consult a qualified expert in the medical realm in which the malpractice occurred.
The statute of limitations in Florida is four years. This means that if four years or more have passed since the accident or medical malpractice incident has occurred a claim cannot be filed. Consult a qualified Florida Personal Injury Lawyer to see if you have a valid case before entering into any kind of lawsuit.
The article presented above is based on the best available data available and is for informational purposes only. Consult a qualified personal injury attorney before relying on any information presented here.
Major Cities/Towns in Florida:
Port St. Lucie