10 Things You Should Know Before Filing a Personal Injury Lawsuit
If you have suffered a personal injury in Fort Lauderdale, FL, you might consider filing a personal injury lawsuit. However, before doing so, you must ensure that you have the legal grounds to do so.
The good news is that you can receive a free consultation on your case from a dedicated injury lawyer in Fort Lauderdale to understand your legal options. Here are ten things you should know before filing a personal injury lawsuit in Florida.
Statute of Limitations
The first thing you should know is that you have a limited timeframe to file a claim. This is known as the statute of limitations, and Florida has a statute of limitations of two years. You normally only have two years from the date of your accident to file a claim, but there are some exceptions that a lawyer can inform you about.
Modified Comparative Negligence Law
Before 2023, Florida followed the pure comparative negligence system in which accident victims could pursue compensation for their damages even if they were 99% at fault. However, Florida has since used the modified comparative negligence system. This allows personal injury victims to pursue compensation only if they are less than 50% at fault for the accident.
No-Fault Insurance
Florida also follows the no-fault insurance system. Accident victims can pursue compensation from their insurance companies through personal injury protection (PIP) coverage regardless of who is at fault for the accident.
Serious Injury Threshold
Suppose your PIP coverage cannot provide adequate coverage for your injuries. In that case, you might be eligible to file a personal injury lawsuit against the at-fault party to receive compensation outside the no-fault system.
Burden of Proof
In personal injury claims, the injured party must prove that the at-fault party had a duty of care to them, breached that duty, and the breach resulted in injuries.
Compensation With No Injuries
In Florida, you cannot pursue a personal injury lawsuit against another party if you did not suffer any injuries. However, you can pursue a property damage claim for compensation outside the no-fault insurance system.
Evidence Preservation
If you want to pursue a personal injury lawsuit, preserving your collected evidence, such as photographs, witness statements, accident, and medical reports, is critical. Gather and preserve as much evidence as you can and initiate your claim as soon as possible.
Medical Treatment and Documentation
You must seek immediate medical attention to benefit from PIP insurance to get the necessary documents to pursue your claim outside the no-fault system. If you fail to get treated within 14 days, you might lose your PIP coverage.
Potential Damages
In a personal injury claim, you can be entitled to compensation for more than your injuries and medical bills. You can seek compensation for lost wages, property damage, pain and suffering, and emotional distress. There are also punitive damages if your case involves extreme negligence or intentional misconduct.
Working With a Lawyer
Working with a lawyer will speed up the settlement process and might ensure that you are fairly compensated for your injuries and other losses.
