Orlando, Florida – When filing a personal injury lawsuit in Florida, it is crucial to understand the state’s rules and regulations to navigate the legal system effectively. Florida has strict limits, known as the statute of limitations, on the timeframe victims have to take legal action after suffering harm due to the negligent or reckless actions of another. Personal injury cases must be filed no more than four years after the incident that caused the harm.
It’s important to note that the statute of limitations deadline is for filing the lawsuit itself, as some cases may drag on for years after filing. As long as the lawsuit is filed before the expiration of the statute of limitations, the case will be allowed to proceed.
If you’re planning to file a personal injury claim in Orlando, it is essential to be aware of certain Florida laws that could potentially affect your case. Apart from the statute of limitations, other key considerations include how negligence is determined and the potential amount of damages.
In Florida, the negligence standard follows the pure comparative negligence model, where the court determines the percentage of responsibility each party holds and adjusts their recovery accordingly. For instance, if a party is found to be 70% at fault and has $10,000 in damages, they can only recover $3,000 instead of the full amount. This model differs from the “modified” comparative negligence model implemented in some states, where anyone found to be more than half responsible cannot recover any damages.
Unlike many other states, Florida has not imposed caps on the amount plaintiffs can recover in personal injury suits. This means that a plaintiff can sue for and potentially receive as much as the jury awards them.
Seeking assistance from a personal injury attorney as early as possible is highly recommended. They can gather evidence and witness testimony early in the case and handle most of the legal tasks involved. This includes determining the parties responsible for the injuries, filing claims with insurance companies, and negotiating until a satisfactory settlement is reached. If the offered amount by insurance agencies is not acceptable, an attorney can file a lawsuit and represent the plaintiff in court.
In summary, Florida’s personal injury laws, including the statute of limitations and negligence standards, significantly impact the process and potential outcomes of a personal injury lawsuit. Being informed of these laws and seeking professional legal help can greatly increase the chances of achieving a favorable resolution in such cases.