How Do Florida Laws Impact Personal Injury Claims?

Florida laws impact personal injury claims in a variety of ways. These laws determine when the plaintiff must file their legal claim, who is at fault for the plaintiff’s damages, the types of insurance defendants may be required to have, and other aspects of your case. 

Understanding these statutes is helpful to anyone who is seeking compensation because of someone else’s negligence. In fact, if the person responsible for a personal injury claim does not know the law, they could make errors that prevent them from securing a fair judgment. Allow a Florida personal injury lawyer from our team—who knows these laws well—to lead your case.

Florida Laws That May Be Relevant to Your Personal Injury Claim

How Florida laws affect personal injury settlements

Florida has no shortage of laws, many of which apply to plaintiffs and defendants in personal injury claims. Some of these personal injury laws apply specifically to the insurance process. Personal injury attorneys have a comprehensive grasp of all such statutes, as they represent clients in both claims and lawsuits.

Some of the statutes (or categories of statutes) that can be relevant to personal injury claims in Florida include:

Insurance-Specific Laws and Rules

Personal injury claims often involve one or more insurance companies, and so Florida’s insurance-specific rules and laws are relevant to many claimants and plaintiffs. Some relevant insurance-related statutes include:

• No-fault insurance statutes: Florida has a no-fault auto insurance framework, also known as personal injury protection (PIP), in which every motorist’s own insurance company covers some portion of their losses, regardless of who is at fault for a collision.

• The Insurer Accountability Act: Passed in 2023, The Florida Senate explains that the Insurer Accountability Act holds insurance providers accountable for their policies, which are legally binding contracts meant to serve both the policyholder and third-party claimants.
• Mandatory insurance coverage: The Florida Departments of Highway Safety and Motor Vehicles (FLHSMV) explains that motorists must have a certain amount of auto insurance, which becomes very relevant when a car accident happens. 

The world of insurance is plagued by complicated language, dense rules, and lengthy policies. Our attorneys’ familiarity with the most intricate details of Florida’s insurance-specific laws and rules will come in handy as we fight for the compensation you deserve.

Statutes of Limitations

Another important class of laws is the statutes of limitations. These are legal deadlines by which a victim of negligence must take legal action or risk losing their opportunity to sue the liable parties.

Some of Florida’s statutes of limitations include:

• Two years to file a personal injury claim, per Florida Statutes § 95.11
• Two years to file a wrongful death claim
• Two years to file a nursing home abuse claim, per Florida Statutes § 400.0236
• Six months to sue a municipality, per Florida Statutes § 768.28(6)(a)(1)

These are just a few of the deadlines you might come up against as a plaintiff. Your attorney will be aware of and work to abide by all such deadlines.

Premises Liability Laws

Florida’s premises liability laws hold property owners and building managers accountable for many types of harm that occur on their property. 

Comparative Negligence Laws

Florida’s comparative fault statutes outline what must happen if two parties share fault for a harmful event, like a car accident. If one party is 51 percent or more at fault, they are barred from seeking compensation for their damages. 

There are many other state laws that may be relevant to you as a victim of negligence. Rather than going through them all, consider hiring an attorney from our team to utilize their existing knowledge of such statutes.

A Personal Injury Lawyer Will Abide by the Law and Seek a Fair Settlement

If you suffered injuries or lost a loved one because of someone else’s negligence, you should receive compensation for all your damages. An attorney from our team will lead any insurance claim or personal injury lawsuit you choose to pursue, and we will:

• Secure all evidence proving that someone else is at fault for your damages
• Documenting the damages you have suffered due to the liable parties’ negligence
• Calculating a case value and negotiating a settlement with insurers
• Leading any lawsuit you choose to pursue

We will take the entire claims process or lawsuit off your hands, which will provide you with the time and space necessary to recover.

Recoverable Damages in Your Florida Personal Injury Case

Florida accident laws for personal injury cases

Your economic and non-economic damages are unique, but some of the common recoverable damages in personal injury claims include:

• Medical bills
• Pain and suffering
• Professional damages
• Property expenses
• Lost income

Our team will evaluate all your damages and fight for the settlement you are entitled to receive. 

Call the Law Offices of Wolf & Pravato Today for Your Free Consultation

Don’t wait until the statute of limitations on your case passes. Contact us as soon as you can. We will file your case as soon as possible, all the while considering all Florida laws that may impact your personal injury claim.

Call the Law Offices of Wolf & Pravato today at (954) 633-8270 to complete your free consultation.