Personal Injury Law In Florida: The Basics

by | Feb 19, 2015 | Lawyer

Personal injury law exists so that an injured person can file a case in civil court against someone or something to obtain compensation for the damages that occurred. In Tampa Florida a personal injury attorney is aware that this is not a simple matter. As is the case in much of tort law, being made whole after an accident or other type of incident is not always an easy matter.

Personal Injury Situations

Personal injuries may result from a variety of different situations. Each needs to be evaluated according to their nature and applicable laws. A personal injury attorney will talk to you about whether your personal injury case can be categorized as:

* An Accident – An accident is when negligence by one party results in harm befalling another party e.g. car accidents, slip-and-falls. Negligence is different from intentional acts

* An Intentional Act – An intentional act is when one party deliberately causes harm to another party e.g. assault and battery

* Defamation – This refers to when someone defames your character and destroys your reputation causing harm,

*Defective Products – The cause of this is not intentional or through accident. A product that is defective may result in harm and a product liability case

These are the basic situations that may result in a personal injury attorney taking on your case in Tampa Florida.

What May Affect the Claim?

In Florida, personal injury claims are tempered by various restrictions. It is important you are aware of what can influence your claim. You need to be aware of the following:

* The Statute of Limitations – This will be 3 years unless the case is filed against a city, county or state government

No Fault Insurance and Florida’s “Serious Injury” Threshold – Florida is a no-fault state. As a result, filing against a negligent driver is only possible under specific circumstances

* Comparative Negligence Fault – Florida follows the “pure comparative negligence rule”

* Damage Caps – These affect the amount of money you can receive. Particular attention must be paid to the inclusion of punitive damages and whether the case is for medical malpractice

A personal injury attorney can help explain how these may impact on your case.
Talk to a Personal Injury Attorney

If you find yourself wondering whether you have a case against someone who has done you a personal injury, consult a lawyer. If you live in Tampa Florida a personal injury attorney can shed light on the law. He or she can guide you through the process making it easier for you to file and go to court to recover compensation for your injuries.

If you find yourself wondering whether you have a case against someone who has done you a personal injury, consult a lawyer.

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