Florida drivers are required to carry at least $10,000 in personal injury protection — per person per accident. Sometimes, this insurance precludes Florida drivers from actually suing the person who caused an accident that gravely injured others. But not always. It’s important to speak with a personal injury lawyer about your personal circumstances and the details of your accident. Not every case is the same. Plus, few people know many of the relevant laws.
Here are just a few personal injury laws you probably should know about.
Florida is a no-fault state, which is why drivers are required to have a certain amount of protection for themselves and their passengers (and why suing is usually a non-issue). When one person causes an accident, compensation almost always comes through the insurance company.
Parties can sue when subjected to: permanent injury, permanent scarring or disfigurement, permanent loss of bodily functions, etc. Third parties can sue for wrongful death. Keep in mind that you only have so much time. Depending on the circumstances, a statute of limitations might preclude you from making a case.
For product liability claims, you only have four years from the date of an injury to file a claim against a manufacturer. Oddly enough, a death reduces that statute to only two years. Again, you should speak to a personal injury attorney to ensure you have a winnable case.
Personal injuries that result from dog bites can result in lawsuits. Florida state abides by “strict liability” for dog bites, which means that if your dog bites someone, you’re liable no matter what. Other states use the “one bite rule,” which means owners are given a single free pass if their dog bites someone but they have no reason to believe the animal was aggressive.
Sometimes those who try to build personal injury lawsuits without the direction of an attorney forget that the burden of proof is on them. If you cannot prove that the injury occurred due to the negligence of another or that someone else is somehow at fault, then your case will not succeed.
This is why it is so important to speak to a personal injury attorney before fully preparing for a case or getting your hopes up. Personal injury attorneys usually don’t accept payment before winning a case — and that means they won’t take a case they cannot win. When you have incurred an injury due to someone else’s negligence, it’s important to write down all the details you can remember. Don’t delay! What you recall is the difference between a good case or no case.