Specific laws and how different legal situations are handled are sometimes varied from state in state. Personal injury law is a common area where local and state laws can influence how cases are resolved and how verdicts are found. The basic tenants of personal injury law are consistent throughout the country; a person who suffered a physical injury at the hands of someone else due to some kind of negligence may seek compensation from the injuring party. In Florida however, there are certain laws and criteria that are in place to regulation personal injury cases and understanding these laws is key to winning a case in this state.
In almost every instance of personal injury in Florida, in order to claim restitution, three criteria must be met. The first is that the person who caused the personal injury had an obligation to not cause the injury, but failed. This includes most accidental cases or intentional cases, an ill-designed product causing an injury for example. The second criteria is that the failure to prevent injury is directly what caused it. For example, there would be no personal injury case if the incident had nothing to do with the causing of an injury, but coincidentally happened at the same time. The third criteria is the most obvious one: an injury must be sustained.
There is one area of personal injury that does form exceptions to these criteria however and has to do with a policy in the State of Florida regarding automobile accidents. Florida is considered a “no-fault” state, which means that an individual’s own car insurance must pay for injuries and damages regardless of who was at fault in the accident. Due to this, a statute is written into every car insurance policy to help pay for such injuries and damages. The only time that a person may file a personal injury lawsuit for a car accident in the State of Florida is if serious injuries are suffered, which include significant permanent scarring, loss of bodily function, disfigurement, or death.
The State of Florida has its own set of guidelines for how its legal system manages personal injury cases. If all of the above criteria is met or if serious injuries are sustained during a car accident, then there may be grounds for a personal injury case. If you or someone you know has be unjustly hurt and requires financial compensation to help manage the injuries, then it is a good idea to consult which a personal injury attorney, especially one who is fluent and experienced with Florida and local law, to help you navigate through the legalities and give you the best chance possible to winning your case. To learn more about how the skilled attorneys of the Franco Law Firm can serve you in this capacity. Please call us at 813 872 0929.