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Learn About Florida Personal Injury Law

Personal injury law is a broad term relating to someone acting in a way, negligently, that causes bodily harm to another. That harm can be physical as well as emotional which can happen because of a slip and fall, car accident and even defamation or slander.

Note: Scroll down for a list of articles Alan has written about Florida Slip and Falls, Car Accidents, Defamation and related issues.

What Do You Have To Prove To Win A Florida Personal Injury Case?

For the most part, Florida’s personal injury law is based on the theory of negligence which is made up of 4 elements: duty, breach, causation, and damages. In order for a victim to recover compensation, he or she must prove each of these elements.

The Goal Of Florida Personal Injury Law – What Standard Is Used To Calculate Damages?

The goal of Florida’s personal injury law is to return a victim to the same position he or she was in prior to being injured. This is done by financially compensating a victim for items like lost wages, pain and suffering, medical expenses as well as other economic and non-economic damages (past, present and future).

Florida Personal Injury Law Quick Facts

  • The most often asked question by clients is “What Is My Case Worth” so Alan created a page answering that question (click here).
  • You can sue for emotional distress related to a personal injury.
  • Florida’s PIP Law is the first insurance coverage that is triggered when someone is involved in a car accident. It does not contemplate the issue of fault or whether or not you are permanently injured. Florida’s PIP law does address the important issue of who pays for your damages after a car accident.

Florida Personal Injury Statute of Limitations

Personal injury claims must be filed as follows:

  • The Statute of Limitations for actions founded on negligence is 2 years (Car Accidents and Slip and Falls).
  • The Statute of Limitations for actions including libel and slander, wrongful death and malpractice is 2 years.

Pain and Suffering Claims Under Florida Law

There are 2 Types Of Pain And Suffering Claims: Mental and Physical:

  • Mental pain and suffering involve things like fear, embarrassment, humiliation, anger, depression, and Post Traumatic Stress Disorder (PTSD).
  • Physical pain and suffering include the pain and trauma experienced by the accident victim at the time of the injury and the pain experienced during the recovery process and into the future. This would include the inability to perform physical activities as well or as often as one used to prior to the accident.

What Should You Do At The Time You Are Injured? – Quick Tips

  • At the time of a slip and fall ask that an incident report be created and that any video footage of the accident is preserved.
  • For slip and falls, try to take pictures or video of where you fell and what caused you to fall.
  • For car accidents, if you can, take pictures of your car at the time of the accident as well as the location of the other car or condition that caused the accident.
  • Get the names of witnesses.
  • Get medical treatment as soon as possible (to collect certain car insurance benefits there is a 14-day deadline to see a doctor) and be truthful with your doctor about the circumstances that caused your injury and any pre-existing injuries (insurance companies are looking for ways to question your credibility).

Case Examples

The Good News About Florida Personal Injury Claims

The good news about legitimate personal injury claims in Florida is that a vast majority of cases settle either before a lawsuit is filed or before the case gets to a jury.   In fact, if a lawsuit is filed, a large number of cases settle at mediation.

Below are some of Alan’s in-depth articles related to these topics arranged by the most popular personal injury topics. Alan has devoted much time to writing and editing these articles with many of them having links to relevant case law that can be found on google scholar and other trustworthy sources.

To Learn About Alan Sackrin’s Qualifications As An Expert Personal Injury Lawyer, See His About Me Page.

Read Alan’s In-Depth Personal Injury Law Articles:

Slip And Falls

 Body Part Injuries (The Basics)

  • Florida Herniated Disk Injury Claims
  • Shoulder Injury Claims Caused By A Car Accident
  • Ankle Injuries in a Slip and Fall Accident
  • Colossus and Xactimate Software Programs
  • Delay Seeing A Doctor Because It Didn’t Hurt That Bad At First
  • SEE All BODY PART INJURY RELATED ARTICLES
Car Accidents

 Damages
Defamation

 Evidence And Proof
Hotel Injuries

 Insurance Adjusters
Premises Liability

 Personal Injury Lawsuits

Also See: Average Settlement Values Of Personal Injury Cases

 

Personal Injury Case Law:

Recent Negligence Cases (2022)

 

All Topics or Categories of Florida Personal Injury Law That Alan Has Written About On This Site:

To Learn About Alan Sackrin’s Qualifications As An Expert Personal Injury Lawyer, See His About Me Page.

Sharing What I Know So You Don’t Settle For Less