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An Overview of Florida’s Personal Injury Law

When people are injured in their home states or while traveling, they often fail to realize that they may be entitled to financial compensation for their injuries. Depending on the circumstances surrounding an injury-causing accident and the identities of the parties involved, a plaintiff may need to file a personal injury action to recover such compensation in any one of several jurisdictions.

personal injury law FloridaThe assistance of a personal injury firm that is well-versed in the laws that govern your personal injury action may be crucial to the successful pursuit of justice from the responsible parties. The Killino Firm’s Florida personal injury attorneys have extensive experience with all types of personal injury cases. If you or one of your family members has been injured due to medical malpractice, other negligence, or a defective product, The Killino Firm’s Florida personal injury and accident attorneys can help you obtain the justice you deserve from all those responsible for the injuries you or your loved one have sustained.

Florida

Personal Injury Law

Personal injury law can be divided into many subsections, including premises liability, negligence, medical malpractice, and others. The following is an overview of some of the broader categories of Florida’s general personal injury law.

Florida

Negligence Law

Negligence law applies to cases that arise out of injuries or deaths caused by a failure to exercise the care required by particular defendants toward those they have injured. The required degree of care may vary with the circumstances of a case and the nature of the individuals or entities involved. Generally speaking, a defendant may be found liable for damages suffered by an injured plaintiff when the plaintiff establishes the following elements by a preponderance of the evidence:

Duty of Care

All negligence actions require a showing of a duty of care owed by a defendant to a plaintiff. The duty of a business owner to exercise reasonable care to keep business premises safe from dangerous conditions that may injure customers is an example of such a duty of care.

Breach of Duty of Care

An injured plaintiff must also show that a defendant breached, or failed to fulfill, the duty of care owed by the defendant to the plaintiff. The above-referenced business owner’s failure to repair a broken step leading into the business is an example of such a breach.

Injury

The plaintiff must also prove that a defendant’s breach of duty was a cause of the plaintiff’s injury and that the plaintiff suffered legally compensable damages as a result of his or her injury. Thus, the business owner’s broken step will not result in the owner’s liability to the plaintiff unless the plaintiff was injured by the broken step.

Comparative Negligence

In cases in which a plaintiff has succeeded in proving the four negligence elements described above, a plaintiff’s damage recovery may be limited by the plaintiff’s own negligence if it is found that the plaintiff’s negligence contributed to the injury. Florida follows a “pure” comparative negligence rule, which means that a plaintiff’s damages award will be reduced in proportion to the percentage of fault attributable to the plaintiff. If, for example, a plaintiff who tripped on a broken step is found to have been 30% at fault for his injuries, the plaintiff would be entitled to receive only 70% of the damages awarded for his injury.

Florida

Car Accident Law

Under Florida’s so-called “no fault” car insurance law, Fla. Stat. Ann. § 627.737, an injured driver must obtain recovery for accident-related damages from the plaintiff’s own insurance company, regardless of whether the plaintiff or another driver was at fault, unless the accident resulted in the plaintiff’s permanent injury, significant and permanent loss of an important bodily function, significant and permanent scarring or disfigurement, or wrongful death. In such cases, a plaintiff may bring a personal injury action against a driver whose negligence was a cause of the plaintiff’s serious injury.

Florida

Statutes of Limitation

Legal actions brought in the state of Florida for most negligently caused personal injuries must be filed within 4 years of the date the injury occurred. Actions for medical malpractice must be filed within 2 years of the time the incident giving rise to the action occurred or within 2 years from the time the cause of action was discovered or should have been discovered with the exercise of due diligence.

Obtain Expert Assistance from The Killino Firm, P.C.

The Killino Firm’s Florida personal injury lawyers are widely known for their expertise with personal injury cases. If you or one of your family members has been injured or killed as a result of someone’s negligence, medical malpractice, or the use of or exposure to a defective product, The Killino Firm can provide you with experienced and aggressive assistance in obtaining the compensation to which you are entitled.

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Date published: 03/05/2015
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