Florida Serious Personal Injury
Under Florida law, victims of personal injury accidents have the right to sue the at-fault parties and recover compensation for their injuries, financial losses, and any other damages they might have suffered as a result of the accident.
One of the key factors that determine your eligibility to file a personal injury case and recover compensation is the severity of your injuries. The more serious your injuries are, the more compensation you might be entitled to.
The resourceful Florida personal injury attorney at Shapiro Law Group knows that serious injuries can not only affect your earning capacity but also affect your quality of life to a significant extent. We can assess the severity of your injuries and their impact on your personal and professional life with the help of medical professionals and fight hard to recover the maximum amount of compensation possible from the at-fault party.
Serious Injury Threshold in Florida
If you are injured in a car accident, you can file a no-fault claim – also referred to as a personal injury protection claim – with your own auto insurance company and receive up to $10,000 in compensation to cover your medical bills and lost wages.
Needless to say, if your injuries are serious in nature, the $10,000 payout from your insurance provider might not even cover 1/10th of your overall medical expenses. If your injuries meet the state’s serious injury threshold, you can file a personal injury claim against the party responsible for the accident and recover full and fair compensation.
In Florida, any injury that results in one or more of the following conditions is considered a serious injury.
- Significant or permanent loss of a major bodily function
- Severe scarring or disfigurement
- Permanent injury
Types of Serious Personal Injuries in Florida Accidents
The most common examples of serious personal injuries include:
- Broken bones
- Whiplash injuries resulting in serious nerve damage
- Damage to internal organs
- Burn injuries resulting in significant scarring or disfigurement
- Traumatic amputation resulting in limb loss
- Spinal cord injuries resulting in paralysis
- Traumatic brain injuries resulting in loss of cognitive function and abilities
It should be noted that the serious injury threshold is only applicable to automobile accidents. If you are injured in a slip and fall accident, attacked by a dog, or injured by a defective product, you can directly sue the at-fault party and recover compensation.
Pure Comparative Negligence Law in Florida
Florida is one of the 13 states that follow the doctrine of pure comparative negligence. Under the doctrine, you are eligible for compensation even if your own negligence or recklessness contributed to the accident. Depending on the degree to which your negligence contributed to the accident, your compensation will be reduced.
For instance, if you are awarded a compensation of $150,000, and if you are found to be 10% at fault, you will only receive $ $135,000. This is one of the important reasons why you should be represented by an experienced personal injury attorney, as they can establish the fault and liability of the at-fault party and make sure you are not unfairly blamed for the accident or if your involvement in the accident (if any) is not blown out of proportion by the other party.
Statute of Limitations for Florida Personal Injury Lawsuits
The statute of limitations for filing negligence-based personal injury claims in Florida is set at four years. For medical malpractice claims, the deadline is set at two years. For product liability-based personal injury cases, the deadline can be two years or four years – depending on the specifics of the case.
How to Pursue a Personal Injury Claim in Florida?
The process of filing a Florida personal injury claim involves the following steps.
- Your Florida personal injury attorney will investigate your accident, identify the parties that are responsible, and gather evidence to prove their fault and liability.
- They will send a demand letter to the at-fault party’s insurance company.
- They will negotiate on your behalf with the insurance adjuster and try to obtain an adequate amount of compensation.
- If the negotiation does not work out, they will formally file a lawsuit against the at-fault party, take your case to trial, arguing before a jury or judge, and recover damages.
Personalized, Result-Oriented Representation for Injured Victims in Florida
If you have suffered debilitating or life-altering injuries in an accident, you might require medical treatment and care for the foreseeable future and your earning capacity could be severely affected. It’s critically important for you to be represented by a Florida serious personal injury lawyer in order to be able to obtain the compensation you deserve.
The effective and consistent Florida personal injury lawyer at Shapiro Law Group has extensive experience in handling serious injury claims and has recovered substantial damages for our clients through negotiation and litigation. We know what kind of tactics insurance companies use to avoid paying fair compensation to injury victims and we know how to take them on and recover the damages you are owed.
To discuss your claim with a dedicated Florida personal injury lawyer, call our personal injury law firm today at (954) 376-3874 or get in touch with us online and schedule a free consultation.
WE FIGHT FOR YOU!
When you have been involved in a motor vehicle accident and suffered injuries, you need an advocate in your corner who will look out for your rights while you focus on recovery. Our firm will give you and your case the personal attention needed so we can assess what the accident has cost you, physically and emotionally. Our firm will work to line up witnesses and experts, gather evidence, investigate the scene, and do everything we can to clearly present your side and your losses. We will work diligently to get you the compensation you need to recover and protect the future needs of your family. We also have the negotiating and litigating skills to take on the insurance company when they try to get you to settle for less than you need.
Shapiro Law Group, PC, provides ongoing support throughout the entire process so you don’t have to fight alone or ever feel in the dark about how your case is progressing. We are always accessible to our clients because we understand what is at stake. Let us handle your motor vehicle accident situation and help you get the resolution you need so you can begin to move forward as soon as possible. At Shapiro Law Group, PC, we are ready to help you.
Contact us to set up your initial consultation. (954) 376-3874.