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Personal injury law in Florida

Dec 14, 2021
Shamis & Gentile, P.A.
Personal injury law in Florida

Personal injury lawyers in Florida are adept at helping accident and injury victims claim lawsuits against those who have resulted in the harm. It is important to remember, however, that the statute of limitations in the state of Florida is just four years. You can contact Shamis and Gentile P.A., experts personal injury lawyers in Florida, for car accidents, medical malpractice, scooter accidents, injuries and slip and fall incidents. Read on to find out more about your rights.

What is personal injury

Incidents or accidents that take place due to the negligence for which liability can be claimed is known as a tort. These include harm caused by defective products, car or bicycle accidents, negligence on the part of medical staff and the like.

Statute of limitations

Every state in the country sets a limit on the amount of time a claimant has to file a lawsuit to prove their case. In Florida, this time period, known as the statute of limitations, provides an individual four years from the time of injury until filing the lawsuit. If a complainant is unable to file the lawsuit within this time, the court has a right to refuse a hearing, preventing you from winning a case and claiming compensation. For more information on Florida’s statute of limitations, you can read more here.

In cases where a claimant believes the accident or injury is due to the negligence of a government entity, there is a 6-month period before which the injury claim must be filed. As there are several strict procedural rules that must be followed, it is recommend to hire expert personal injury lawyers such as Shamis & Gentile P.A. to navigate through the paperwork and case.

Shared fault laws in Florida

During a personal injury lawsuit, defendants very often try to shift the blame, fully or partially, on to the victim. If this is proven, claimants may not receive the compensation they were hoping to. These are known as shared fault injury cases.

In shared fault cases, the Florida courts follow the rule of ‘pure comparative negligence’. Thus, at the end of the lawsuit, the compensation amount is reduced by a portion that is equal to the fault of the victim in causing their injury.

Limits on injury damages

In Florida, two scenarios set a restriction on the amount of compensation that victims can receive in personal injury lawsuits.

Uninsured drives

In Florida, an uninsured driver cannot claim for ‘non-economic’ damages, such as compensation for emotional stress, pain, or suffering, in the event of a car accident. This is the case even if they are blameless and another driver is completely at fault.

Medical malpractices

According to the Medical Injury Compensation Reform Act (MICRA), victims are prevented from claiming more than $250,000 for non-economic damages in the case where injury has taken place due to the negligence of doctors or medical staff.

If you are a victim of persona injury due to the negligence of others, you can file a lawsuit to claim compensation. We realize that a monetary sum cannot always make up for the pain and suffering, but winning such a case can provide justice and also prevent similar cases in the future. For more information, contact expert personal injury lawyers in Florida such as Shamis & Gentile P.A. today!

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