Details To Know Before Filing A Florida Personal Injury Lawsuit
If you have never been involved in a lawsuit before, your first time dealing with the legal process can feel incredibly intimidating. The legal theory of personal injury covers any event that may have occurred due to someone’s negligence; that is, if someone does not exercise an appropriate level of care and it results in another person being injured, they would bring a personal injury case to try and recover damages. That said, there are several small details that every injured plaintiff should know when filing suit.
Statute Of Limitations Is Now 2 Years
Perhaps the most important thing to be aware of for injured plaintiffs is that Florida’s legislature recently changed its personal injury statute of limitations from 4 years to 2. A statute of limitations is the rule which governs the length of time in which a person may bring suit over an injury – the rationale is that lawsuits should be brought promptly before memories and evidence have time to decay and warp.
Until this past year, one could wait 4 years before bringing suit, but now they must do so within 2 years of the accident. This may still sound like a long period of time, but in reality, it can elapse in a seeming moment – it is crucial to bring suit as soon as you possibly can, so that you have more than enough time to make your case.
No-Fault Does Not Mean Liability-Free
Florida, like a handful of other U.S. states, has what is known as a no-fault system of auto insurance. What this means is that every driver is required to carry a certain amount of personal injury protection (PIP) and property damage liability (PDL) insurance, which should then be used to cover bills in the event of a minor accident. This coverage will pay out regardless of who caused the accident – but this does not mean that a person may not wind up on the proverbial hook if the injuries they caused were sufficiently serious.
Florida law has what is known as an injury threshold – if a person suffers a “significant and permanent” injury as a result of another person’s negligence, they can file suit against the (allegedly) negligent defendant for the harm they have suffered. PIP coverage will almost never be sufficient to cover bills for serious injuries, so the threshold allows those with truly severe injuries to seek compensation in court. The mere existence of no-fault coverage does not mean that no one will be held at fault for an accident.
Contact A Maitland, FL Personal Injury Attorney
Negligence happens, but with the right attorney, negligent actors can be held to account. A Maitland, FL personal injury attorney from the Hornsby Law Group can help ensure that you have the best chance possible at financial recovery, while you focus your energy on physical recovery. Contact our office today at (407) 871-6375 to schedule a free consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html
