Florida personal injury laws allow victims to demand compensation for their losses. Anyone seeking appropriate recompense must understand the complexity of these rules.
Florida has adopted some significant reforms that will affect personal injury cases. They include a shorter statute of limitations, a change to the comparative fault rule from pure comparative fault to one with a 51 percent bar, and other changes.
Duty of Care
In personal injury cases, it is essential to have a Fort Lauderdale personal injury lawyer with a deep understanding of Florida’s laws. This is particularly true following a recent revision to Florida’s statute of limitations for filing negligence claims.
A successful negligence claim needs to demonstrate that the defendant had an obligation to take care not to hurt other people and that they violated this obligation by not acting with the appropriate level of care. It is also necessary to establish the harm caused by the defendant’s actions and how much compensation a victim needs for this damage.
An attorney can assist you in determining a fair settlement value for your case. This includes calculating the cost of your medical expenses, lost income, and future rehabilitation costs. Including a fair amount for your pain and suffering is also essential.
Breach of Duty
When a defendant fails to meet their duty of care, they have breached their legal obligation and may be held liable for any damages resulting from that failure. Breach of duty is central to many lawsuits, including personal injury claims.
In a personal injury case, the claimant must show that the defendant owed them a duty and failed to keep half of the deal to establish a breach of duty. The claimant must also prove that the breach caused their harm or loss, including physical injuries, financial losses, and emotional distress.
A knowledgeable attorney can assist people in determining if they have a solid claim and guide them through the legal process. A knowledgeable lawyer can also calculate the full extent of damages a victim has suffered so they can recover fair compensation. Having a strong legal advocate is critical to achieving the best results possible.
Causation
A plaintiff must be able to show that the defendant’s breach of duty caused the plaintiff’s loss. This is usually done by showing that the injured party had medical bills, lost income, and other economic damages. A judge may also award non-economic damages such as pain and suffering in severe injury cases.
If you have been seriously hurt in an accident, immediately contacting a personal injury lawyer is essential. This is especially true if Florida’s new statute of limitations has shortened the time you can file.
Florida uses a modified comparative negligence rule, meaning that your compensation for damages can be reduced by the percentage of fault you are found to share. This is different from other states that use pure comparative negligence rules. It’s a significant change that you should be aware of.
Damages
In addition to economic losses, personal injury victims can claim compensation for non-economic damages such as pain and suffering. These damages are designed to cover the emotional distress caused by the accident and its impact on their quality of life.
Injuries can sometimes prevent people from working or doing the same job as before their accident. This can lead to loss of income, which is also compensable.
The court may impose punitive and compensatory damages if a defendant’s actions were careless or flagrant. The purpose of these additional payments is to deter the offender from committing the same offenses in the future.
Hiring a lawyer familiar with these regulations’ complexities can increase your chances of securing reasonable compensation for your losses. These legal specialists can analyze your economic losses and other expenses, negotiate with insurance providers, and, if required, represent you in court.
