What is Personal Injury?

Florida has very specific Personal Injury Laws - Know what you are Dealing With.

Personal injury can entail many different types of accidents. Some of the most common ones include car accidents, slip and fall accidents, dog bites, medical malpractice and defective products. In order to collect money in a personal injury case in Florida, you must be able to prove the following:

• The other party had an obligation not to injure you but failed in that duty.
• You were injured as the result of this failure.
• You suffered monetary damages as the result of the other party's actions.

Since Florida is a no-fault state, auto accidents are the one exception to this law. However, even this has an exception. You may file a personal injury lawsuit against the driver of the other vehicle only if you experienced significant personal injuries or an immediate family member was killed. Florida law defines serious personal injury as:

• Permanent loss of one or more body functions.
• Significant disfigurement or scarring.
• Injuries that are expected to be permanent.

Due to the Florida statute of limitations, you only have four years to file a personal injury lawsuit against the party who injured you. If you fail to act within that time frame, you permanently forfeit your rights. Boating accidents that occurred in the Gulf of Mexico or the Atlantic Ocean are limited to two years.

Florida's Comparative Negligence Laws

Every personal injury lawsuit is subject to the limitations of Florida's comparative negligence laws. If you are even partially to blame for your own injuries, your settlement amount is reduced by the percentage of your blame. If you are found to be less than 10 percent at fault, there are no restrictions on the amount of money you can collect. However, the following restrictions apply in all other cases:

• A maximum of $200,00 if the other party was 11 to 25 percent at fault.
• A maximum of $500,000 if the other party was between 26 and 50 percent at fault.
• A maximum of $1,000,000 if the other party was 51 percent or more at fault.

Florida Laws Regarding Specific Types of Personal Injury

• Dog Bites: Florida is a strict liability state, which means that dog owners are liable if the dog bites a person in a public place or who is lawfully on their property.
• Slip and Fall: Florida changed its laws in 2010 due to a large number of fraudulent cases. In order to win a slip and fall case, you must prove that the danger existed for a long enough period of time that the owner should have taken reasonable precautions.
• Defective Products: Florida holds manufacturers to a strict liability law. This means companies have an absolute duty to produce safe products. You do not have to prove negligence if you were injured.
• Medical Malpractice: There are numerous Florida statutes that pertain to specific areas of medical malpractice law. It is a complex area of personal injury that requires the assistance of an attorney.