Under Florida personal injury laws, accidents that cause personal injuries may harm an individual’s mind, body, or property.
An accident that may result in injuries includes accidents caused by:
- Faulty goods;
- Prescription medications;
- Contact with poisonous substances.
Any lost wages or expenses that are related to an injury may be compensated in a court of law. Other events and issues that are covered by personal injury laws include:
In the State of Florida, there has to be evidence of negligence in the form of witnesses, images, records, or other evidence in order to show fault. The court proceedings will also require evidence of costs related to the accident or lost wages, typically in the form of medical bills or pay stubs.
It is important to be aware that there is a statute of limitations, or legal deadline, for filing a personal injury claim in Florida. This deadline is typically two years from the accident.
If a case is filed after two years, it may be dismissed. If an individual has any questions about personal injury cases in Florida, they should consult with a local Florida lawyer.
What Kind of Injuries Are Covered by Personal Injury Claims?
A personal injury can harm the plaintiff or injured party physically or mentally. Emotional suffering related to an accident may result in mental health issues.
Damage that occurs to an individual’s limbs, organs, or other parts of the body is considered to be a physical injury. An injury does not have to appear immediately, and it may take some time to be discovered.
Personal injury claims may be based on a variety of incidents or accidents, including:
A lawyer can help an individual determine if their accident or injury can be the basis of a personal injury claim.
What Sorts of Behavior Constitute a Personal Injury Claim?
Personal injuries may occur on purpose, for example, when an individual purposefully injures another individual or plans to engage in conduct that causes harm. Another type of personal injury is an unintentional personal injury.
An individual can also file a claim based on negligent behavior if another individual’s negligence caused an unintentional injury. Negligence lawsuits may be based on:
The State of Florida is one of only ten states that requires individuals to carry car insurance with personal injury protection, generally known as “PIP” or no-fault. These policies can also be involved in personal injury automobile accident cases.
What Is a Claim for Intentional Injury?
An intentional injury occurs when an individual causes harm to another individual through deliberate conduct or with the intent to cause harm. Examples may include intentional cases of battery, assault, or false imprisonment.
What Is a Negligence-Related Personal Injury Claim?
In a personal injury action based on negligence, a plaintiff claims that the defendant injured them because of a failure to exercise reasonable care. In order to succeed in a negligence claim, a plaintiff must show that the defendant had a duty, breached that duty, and that breach caused injury or damages.
Individuals are required by law to follow the same level of care that a reasonable individual would do in the same or similar situation. Whether or not the defendant owed the plaintiff a duty of care will depend on how predictable or foreseeable it was that the harm would have occurred if that duty was not upheld.
The question that can be used to determine whether a defendant owes a plaintiff a duty of care is:
- Would a reasonable individual in the defendant’s situation have known that the plaintiff’s type of injury was likely to occur?
If the response to this question is “yes,” the defendant owed the plaintiff a duty of care. The defendant may have violated that duty and as a result, harm and damages occurred. In this case, the defendant negligently caused the plaintiff’s injuries.
If the response to that question is “no,” the defendant most likely will not be liable for negligence.
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Can I File a Lawsuit for Emotional Pain?
An individual can file a lawsuit under certain circumstances for emotional distress. Emotional distress claims can be made based on psychological harm.
Emotional distress is a type of mental anguish that results from an event that was caused by the careless or deliberate actions of another individual, typically of a physical nature. In addition to the plaintiff, their relatives, as well as bystanders of the incident, may also be able to file a claim based on emotional distress if they experienced emotional trauma.
Signs of emotional distress that result from a traumatic incident include, but are not limited to:
- Feelings of shame or embarrassment;
- Insomnia;
- Depression;
- Self-destructive thoughts;
- Anxiety;
- Tension;
- Other types of emotional reactions.
Can I File a Lawsuit for Defamation, Slander, and Libel?
An individual may be able to file a claim for defamation, slander, or liability. Defamation occurs when an individual intentionally and falsely disparages another individual verbally or in writing.
An individual’s comments that harm another individual’s livelihood or reputation are punishable as defamation. The phrase “defamation of character” refers to comments that harm the reputation of another individual.
Libel is written slander, for example, critiquing an individual in a book or newspaper. Libel may also include statements that are published on the radio, by audio, or on video.
Slander occurs when an individual speaks falsehoods about another individual. It may also include the verbal dissemination of offensive comments that are overheard by a third party.
What Sorts of Damages Can a Judge Give a Plaintiff Who Has Been Injured?
Plaintiffs who establish liability of a defendant that caused harm negligently or intentionally are entitled to compensatory damages. A plaintiff may be entitled to two categories of damages: damages for the injury and damages for the harm that was caused by the injury, or general damages and special damages.
General damages are damages that are awarded for the injury itself. General damages also include compensation for pain and suffering, stress, and agony.
In terms of a monetary amount, general damages are difficult to quantify. Typically, expert testimony from a doctor or other type of expert will be required to establish a monetary value for the plaintiff’s injuries.
Special damages are intended to compensate for the particular effects of an injury. Lost wages and medical costs are examples of specific consequences.
These issues have a monetary value that can be calculated with reasonable certainty. For example, the amount of lost wages can be calculated by using the plaintiff’s pay stub or other records of their earnings.
The amount of medical damages can be calculated by examining doctor’s bills and other medical receipts. A plaintiff receives special damages in order to pay for expenditures their insurance, Medicare, or Medicaid did not cover.
How Long Does Personal Injury Settlement Take?
In the State of Florida, a personal injury claim is usually resolved within nine to 18 months. However, this may vary depending on the severity of the plaintiff’s injuries, the insurance companies involved, and the amount of evidence.
If an individual signs a settlement agreement, they can typically expect to receive their compensation within four to six weeks.
Getting Legal Aid
If you have been injured as a result of another individual’s actions or negligence, it is essential to consult with a personal injury attorney in Florida. Your lawyer can evaluate your claim and help you obtain compensation for the damages you incurred.
Your attorney will also represent you during any settlement negotiations, as many insurance companies attempt to pay the least amount possible for a claim. In addition, your lawyer will appear with you each time you are required to be in court.
