Each state passes legislation that impacts the personal injury lawsuits brought there. Which statutes are applicable in the case depends on the kind of injury claim. Other rules might be more specialized, while certain laws might apply to all kinds of personal injury claims. Without the assistance of a skilled Florida personal injury attorney, navigating these rules can be difficult. You need to speak with an experienced attorney to know more about personal injury lawsuits.
Statutes of Limitation – The Expiration Dates for Lawsuits
A statute of limitations establishes a timeframe for bringing a claim for compensation against another party. By case type, different statutes of limitations apply. A mortgage foreclosure action, for instance, has a five-year statute of limitations.
A four-year window exists for taking legal action to revoke a contract. However, you have one year to launch a lawsuit for a contract’s specific performance. A person should always speak with a personal injury lawyer as soon as possible following an accident if at all possible. Never believe that you have a lot of time to bring a personal injury claim. In some circumstances, you have to submit a notice of claim to preserve your ability to sue.
Government Entities are Shielded
Sovereign immunity shields the government from numerous lawsuits. If the government does not give you permission to take legal action against it, you cannot sue the government. What happens if a government agency is involved in your vehicle accident or slip and fall accident? Sovereign immunity is waived under Florida law in certain tort cases. You can sue the government if its negligence causes you harm. But there are particular guidelines for suing the government. According to Florida law, you must notify the relevant government agency of your allegation before filing a lawsuit. Before you may sue the government, you must also fulfill certain requirements.
Fault and Damages Under Comparative Fault
The amount of money you might be awarded for a personal injury lawsuit in Florida may be restricted by the state’s comparative fault law. According to the law, the court may deduct the number of damages awarded to a victim of an accident from their claim in proportion to the victim’s share of the blame.
Laws Regarding No-Fault Insurance and Damages Claims
One of the few states with no-fault insurance regulations for car accidents in Florida. Regardless of who caused the collision, every driver in the state with no-fault insurance submits a claim to their insurance company. In other words, as part of your Personal Injury Protection (PIP) insurance, you look to your insurance provider for the payment of medical expenses, lost income, and death benefits. The statute of limitations for bringing a personal injury claim against another driver is set by Florida’s no-fault insurance rules. You can sue the other motorist for damages if you suffer permanent or severe injuries.
Other Statutes and Laws
The laws listed above are not the only ones that might apply to your case. A claim is impacted by numerous other statutes and case law. Some statutes and laws have a broad scope and apply to all claims for injuries. Other state legislation and laws, like the Florida Wrongful Death Act, may be tailored to a particular category of injury claims.
It is better to work with a lawyer that has handled situations similar to yours in the past. The lawyer is knowledgeable about the many legislation and laws that may have a direct bearing on how your case turns out.