Proving Fault in Personal Injury Accidents - Rules and Regulation

Proving “liability” in a personal injury case is often challenging. Depending on where you live, the state laws may dictate how you must go about proving fault. The state of Florida requires you to follow strict rules and regulations during a personal injury case. In most cases, it revolves around proving clear negligence or carelessness of the at-fault party.

No-Fault Car Accident Law

Florida has a no-fault car accident law requiring drivers to carry $10,000 of Personal Injury Protection (PIP). This coverage forces insurance companies to pay for hospitalization and medical treatment after a car accident.

Car accidents are the number one cause of personal injury cases in Florida. Many of the injuries are incapacitating and life-altering.

Proving Negligence

Regardless of Florida’s no-fault policies that provide medical care after a car accident, you are not prevented from filing a lawsuit, proving negligence, and requesting damages for your injury. 

Florida’s personal injury regulations define a serious bodily injury as: 

  • Permanent
  • Caused death
  • Significant scarring or disfigurement
  • Permanent loss of bodily function

Four Year Limitation

Florida carries a statute of limitation on personal injury cases, and you have only four years from the date of injury to file a court claim. Having proper documentation (in good condition), witness statements, and other evidence is also imperative. 

Be sure to proceed with your case as swiftly as possible and obtain proper legal representation to help you make your case. Only in rare instances may this deadline be extended.

Damages for Pain and Suffering

After a severe injury, you may struggle with medical bills, lost wages, therapies, and other financial consequences. Along with these financial issues, you may also be suffering mentally. 

The state of Florida considers many factors when evaluating damages for “pain and suffering.” Some of the things the courts will consider are:

  • The severity and type of injury you sustained.
  • The extent of your medical treatment.
  • The length of your recovery period. 
  • The overall effect of the injury on your life situation.

You may be required to undergo independent medical examinations, and your entire medical history may be reviewed for your case. 

Comparative Negligence Rules

Florida often imposes comparative negligence rules to personal injury cases meaning that each party in the accident may share a percentage of the fault. This negligence split will determine damages and the amount you receive.

Florida’s Punitive Damages Cap

The state of Florida also has a punitive damages cap for personal injury cases where the at-fault party exercised gross negligence or malicious intent. Florida caps these damages at $500,000 per incident.

Government Personal Injury Cases

In Florida, you can sue the state for some personal injury cases if you can prove the office or agency is at fault for your injury. It’s rare, but it does happen. However, there are strict rules regarding these types of cases.

Contact Neufeld Law Firm for help with your Florida personal injury case.

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Neufeld, Kleinberg & Pinkiert, PA handles a variety of personal-injury cases. We understand that you are concerned about getting healthy, getting back to work, paying your bills and of course, being fully compensated for your loss. Contact us to start the path to wholeness from your injury today.

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While we are proud to call Miami and Aventura home, we are also more than happy to help injured people living anywhere in the Sunshine State. In fact, we’ve even been known to travel all around the country just to meet our clients’ needs.

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