Breaking Down Florida’s Complex Personal Injury Laws

9474555746_0793eb3ffe_oIf you are filing a lawsuit or insurance claim over an injury or accident, you will have to become familiar with laws within your state which may affect the case. ┬áIf you’re looking for someone in Coral Springs right now to assist, our Coral Springs personal injury attorneys can help you now.

Deadlines for Filing a Florida Injury Lawsuit

As with all other states, Florida possesses a statute upon the books which establishes a deadline for the quantity of time you have in order to file a lawsuit inside civil court against the business or person which may be legally at fault for the injury. The law is referred to as a statute of limitations.

Underneath Florida’s personal injury case statute of limitations, you have 4 years from the time of the accident to file a lawsuit within Florida’s civil courts (the law may be discovered within Florida Statutes Annotated sec. 95.11). If you do not file the case inside this window, the court is going to likely refuse to hear it. Within rare instances, you might not “find” that you really suffered harm for some quantity of time following the incident which caused your injury, and in these cases your lawsuit-filing window is going to be extended.

Injury Case Damage Caps in Florida

Damage cap statutes establish a limitation on the quantity of money which an injured individual may receive in specific types of cases, or for specific kinds of losses. These laws, most often, limit the quantity of non-economic damages which an injured individual may recover.

As far as common personal injury cases such as slip and fall injuries, car accidents, and product defect claims are concerned, the most critical Florida law upon damage caps will pertain to punitive damages. It is vital that you note that punitive damages only are available in a tiny percentage of injury cases. They are supposed to punish a wrongdoer for particularly reprehensible or dangerous behavior.

For the majority of injury cases, Florida restricts punitive damages to $500,000 or 3 times the quantity of compensatory damages, whichever is higher. The law may be discovered within Florida Statutes Title XLV sec. 768.73.

In Florida, there aren’t any other damage cap laws upon the books as it will come to regular personal injury cases. However, it is a different story within a medical malpractice case. Florida law imposes caps on damages within lawsuits against medical practitioners, which include stringent limitations upon non-economic damages such as pain and suffering.