When someone is hurt due to another person’s carelessness, the injured person may have a legal claim for compensation. In a personal injury claim, the injured person seeks compensation from the at-fault party, or that party’s insurer, to pay for medical bills, lost wages, pain and suffering, and other losses caused by the accident.
If you were injured in an accident in Fort Lauderdale, understanding what a personal injury case is, how it works in Florida, and what the law requires can help protect your rights.
Understanding Personal Injury Cases
A personal injury case is a civil claim. The injured person does not need to show that the other party committed a crime. Instead, the focus is on whether the other party acted unreasonably and caused harm.
Most personal injury cases are based on the principle of negligence. Negligence means the other person did not act as a reasonably prudent person would in the same situation. If that careless behavior leads to an injury, the law allows the injured person to seek compensation.
Many personal injury cases start with an insurance claim. If the insurer refuses to pay a fair amount, the injured person can file a lawsuit in court.
What Types of Accidents Can Lead to a Personal Injury Case?
Personal injury law encompasses a wide range of preventable events. Common examples include:
- Car accidents and truck accidents
- Motorcycle, bicycle, and pedestrian crashes
- Slip-and-fall accidents
- Injuries at businesses or rental properties
- Dog bites and animal attacks
- Defective product injuries
- Nursing home injuries
In each of these situations, the key questions are similar: who had a duty to act carefully, how did they fail to do so, and what harm did that failure cause?
What Do You Have to Prove in a Negligence-Based Personal Injury Case?
To succeed in a personal injury case, the injured person must prove four main elements:
- Duty of care: The other party had a legal duty to act with reasonable care.
- Breach of duty: The other party failed to meet that duty.
- Causation: Their failure caused or contributed to the injury.
- Damages: The injured person suffered actual losses, such as medical bills, lost wages, or pain and suffering.
For example, a driver has a duty to follow traffic laws. If the driver is texting, runs a red light, and hits another car, that is a breach of duty. If the crash causes injuries and results in medical treatment, all four elements may be present.
How Does Comparative Fault Work in a Florida Personal Injury Case?
Florida uses a modified comparative negligence system with a 51 percent bar, meaning:
- If you are less than 51 percent at fault, you can still recover money, but your percentage of fault will reduce your compensation.
- If you are 51 percent or more at fault, you generally cannot recover damages from the other party.
For example, if a jury finds that your losses are $100,000 but you were 20 percent at fault, your award would be reduced to $80,000. Insurers are aware of this rule, and they often attempt to shift more blame onto injured individuals to reduce payouts.
How Do Deadlines Affect a Personal Injury Case in Florida?
For most negligence-based personal injury cases, Florida gives you two years from the date of the accident to file a lawsuit
Other types of cases may vary, such as:
- Wrongful death: typically, two years from the date of death
- Medical malpractice: generally, two years from when the injury was discovered or should have been discovered, but no more than four years after the alleged malpractice in most cases
If you miss the deadline, the court can dismiss your case, even if the facts are strong. That is why it is important to take these deadlines seriously.
How Does Florida’s No-Fault System Affect Car Accident Personal Injury Cases?
Car accidents in Fort Lauderdale have an extra layer of rules. Florida is a no-fault state for auto insurance, and drivers are required to carry Personal Injury Protection (PIP).
Key points about PIP and no-fault include:
- Your own PIP coverage pays part of your medical bills and some lost wages after a crash, no matter who caused the accident.
- PIP usually covers a percentage of medical expenses up to the policy limit.
- To step outside the no-fault system and bring a claim against the at-fault driver for pain and suffering and full losses, your injuries must meet certain “serious injury” thresholds under Florida law.
In practice, many severe injury cases involve both a PIP claim and a claim against the at-fault driver’s liability insurance.
What Damages Can You Recover in a Personal Injury Case?
If your personal injury case is successful, you may be able to recover several types of damages. These generally fall into two broad groups.
Economic damages address tangible losses, including:
- Medical expenses, including hospital care, surgery, therapy, and future treatment
- Lost wages while you are unable to work
- Reduced earning capacity if you cannot return to your prior work
- Property damage, such as vehicle repair or replacement
- Out-of-pocket costs, like transportation to medical appointments or help with daily tasks
Non-economic damages cover personal losses, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship in some cases
In rare situations involving extreme or intentional misconduct, a court may consider punitive damages to punish and deter serious wrongdoing. Separate rules govern these cases and are not applicable in ordinary cases involving negligence.
Contact Workman Car Accident & Personal Injury Lawyers for a Free Consultation With a Fort Lauderdale Personal Injury Lawyer
If you’ve been injured in an accident in Fort Lauderdale, you don’t have to navigate the legal process alone. For more information, contact an experienced Fort Lauderdale personal injury lawyer at Workman Car Accident & Personal Injury Lawyers today to schedule a free consultation.
