Steps To Take When Injured In Florida
Since a personal injury lawsuit is you seeking monetary damages for your injuries caused by another person, you have to demonstrate that the other person was careless or “negligent” and that negligence caused your injuries, so evidence is crucial. If at all possible and you are not in the hospital, there are some steps you can take to help your case and that is to preserve evidence. Some steps include:
● List everything you can remember about the accident and how you were injured
● Obtain witness names and contact information
● Make sure you get a copy of the accident report
● Have someone take photos of your injuries and any damages to your property
Florida Personal Injury Laws
When you have been injured and believe the other person is at fault you need to demonstrate that the other person who was involved:
● Failed to practice due diligence, that is had a duty not to do what injured you.
● The failure to meet that duty resulted in your injuries
● As a result of their lack of due diligence, you suffered damages
There is one exception in that when it comes to automobile accidents, Florida is a no-fault state. Which means that your insurance company will take care of damages and injuries, no matter who was negligent. Now Florida law does allow you to file a personal injury lawsuit if your injuries are serious. This includes the following:
● Significant and permanent scarring or disfigurement
● Permanent injury other than scarring or disfigurement
● Significant and permanent loss of an important body function
It is important that you know that in Sept 2019, legislation to repeal Florida’s PIP/no fault insurance was formally filed in the state senate. It is best to speak with a Florida injury lawyer who is up to date on the latest rulings concerning PIP laws.
What Damages Does A Personal Injury Lawsuit Cover?
When your personal injury attorney proves that the other person was negligent and at fault for your injury you may be entitled to be compensated. Compensation for losses include:
● Medical expenses, current and future
● Permanent disfigurement or disability
● Any damaged property
● Lost wages, including time going to and from medical appointments and therapy.
● Future wages if permanently disabled
● Emotional distress, including anxiety, depression, PTSD
● Loss of consortium
● Any other costs that were a direct result of your injury
● Funeral and burial costs
Can You Sue More Than One Person In A Personal Liability Case?
The simple answer is yes, you can file suit against more than one person. However Florida’s joint and several liability law is very confusing as it is a very structured system. Basically it states that any person that is found to be less than or equal to 10% responsible will not pay for any of your economic losses. 10 to 25% at fault up to $500,000. 26 to 50% up to $1 million in damages, more than 50% up to $2million.
Examples Of Suing Multiple Parties
So an example of this would be, you go to a nice restaurant in a shopping center. As you leave, in the parking lot you are mugged and left permanently disabled. So you have a shopping center, the restaurant and the security company who all played a role in your injury. The court may find that the restaurant really did not play a role as you were healthy when you left, so they are only 10% liable. The security company may be found that they are 40% at fault as they did not have enough security on staff for the size of the parking lot. The shopping center may be determined to be 60% at fault because it was their responsibility to have the parking lot well lit, safe and with enough security for the size of the parking lot.
When it comes to personal injury law, the St. Pere Lawyer is the Southwest Florida personal injury expert you can trust. Having read this article you know this is not something you can do alone. When you have an attorney representing you, the plaintiff and their insurance will take your case seriously and will usually settle higher and faster than you could. Located on Central Avenue in St. Petersburg, we are the expert personal injury attorneys that will help you get the compensation that you deserve for your injuries and let you focus on getting well. Give us a call to learn more at 1-727-381-9200.