Each state enacts legislation that impacts the personal injury lawsuits filed in their state. The type of harm claim governs which statutes apply in the case. Some rules could apply to all forms of personal injury claims, but other regulations might be more particular. A statute of limitations provides a period for filing a lawsuit seeking damages from another party. The statutes of limitations differ by kind of case.
A lawsuit to foreclose a mortgage, for instance, has a five-year statute of limitations. An action to terminate a contract has a four-year deadline. However, an action for the particular execution of a contract must be brought within one year.
Plaintiffs in most ordinary personal injury cases such as motorcycle accidents, dog attacks, and premises liability claims have a four-year limit for filing lawsuits. If an injured party fails to file a lawsuit before the deadline, the opposing party might petition the court to dismiss the complaint. The statute of limitations does have some exceptions, though. For instance, a two-year limit applies to wrongful death claims and medical malpractice cases. In some situations, a victim may have longer to bring a lawsuit if they did not find the damage was caused by another party’s carelessness. Minors may also have longer to launch a case.
It is always to a person’s best advantage to consult to a personal injury attorney as soon as possible following an accident. You never want to think that you have plenty of time to initiate a personal injury case. You must file a notice of claim to safeguard your right to launch a lawsuit in specific instances. The government is insulated from several sorts of litigation by sovereign immunity. You cannot sue the government unless the government grants you permission to use it. What happens if your automobile accident or slip and fall accident includes a government entity?
Florida statutes include a surrender of sovereign immunity for particular tort actions. If you are hurt due to carelessness, you can sue the government. However, there are particular restrictions on suing the government. Florida law mandates that you send notice of your claim to the proper government entity before you file your lawsuit. You must also fulfil specified requirements before you may sue the government.
The legislation restricts the amount you can collect for a personal injury claim. Compensation for damages is restricted to $200,000 for one person. The amount for any claim is $300,000. Therefore, you might earn substantially less than a jury awarded for damages because of the legislation. For example, if a jury awards $1 million for an automobile accident lawsuit involving a government agency, the maximum you may recover is $200,000 pursuant to the statute. However, the Act allows allowing for victims to ask the Florida legislature to approve the rest of the judgement. Unfortunately, it needs an official legislative act to pay the entire sum of the judgement.
Florida’s sovereign immunity provision prevents recovery for punitive damages. Punitive damages are given when a defendant behaved with purposeful or wanton disregard for the safety of others. The damages are meant to “punish” the defendant for egregious carelessness.
Florida’s comparative responsibility legislation might restrict the amount of money you may be able to obtain for a personal injury claim. The legislation authorises the court to lower the amount of compensation an injured person receives for a claim by the proportion of fault allocated to the victim for causing the accident.
For example, if you are in a motorbike collision caused by another motorist, you are entitled to collect the entire worth of your economic damages and non-economic damages. However, if you were 30 per cent to blame for the cause of the accident, your compensation is decreased by 30 per cent. Insurance companies commonly exploit this legislation to try to reduce their liability for an injury claim. If the insurance company believes that you contributed to the cause of your injury or accident, it is advisable to contact a personal injury lawyer immediately for legal counsel.
Suing for Damages under No-Fault Insurance Laws
Florida is one of the handful of states that have no-fault insurance regulations for automotive accidents. In a no-fault insurance state, each motorist makes a claim with his or her insurance carrier regardless of who caused the collision. In other words, you go to your insurance carrier for reimbursement of medical costs, lost income, and death benefits under your Personal Injury Protection (PIP) policy. PIP insurance may not cover all losses caused by automobile accidents. You cannot collect compensation for your pain and suffering.
However, you might be able to receive compensation for pain, suffering, and other losses by suing the motorist who caused the incident.
When it comes to personal injury lawsuits, Florida's no-fault insurance regulations are strict. Depending on how serious your wounds are, you may be able to receive compensation from the other motorist. As defined by the statutes, significant injuries include but are not limited to:
- There is significant scarring or deformity.
- A key body function has been permanently and significantly harmed.
- Unjustified death
- There is a reasonable medical possibility of permanent harm
For losses that are not covered by no-fault insurance coverage, you can file a claim against the at-fault motorist.
A Personal Injury Claim May Be Affected by Other Statutes and Laws
There are many more statutes that might have an effect on your case besides those listed above. Many additional pieces of legislation and case law come into play while evaluating a claim. All sorts of injury claims may be affected by several statutes and laws. Other state rules and acts, such as the Florida Wrongful Death Act, may be tailored to a particular type of harm claim.
It is always advisable to work with a lawyer who has dealt with circumstances like yours in the past. Your lawyer is well-versed in the many legislation and laws that may have a bearing on the result of your case. In order to establish your case, your attorney knows exactly what evidence is needed and how to use the law to your advantage.