Florida Personal Injury Law

The following summary of Florida personal injury laws and case types will help you understand important aspects of injury claims in this state.

Florida Statute of Limitations:

• Personal Injury: For general personal injury, the SOL is 4 years
• Medical Malpractice: 2 years from discovery of the injury, but no more than four years from the act that gave rise to the claim
• Products Liability: 4 years

Caps on Personal Injury Awards in Florida:

With regard to medical malpractice claims, there is a $500,000 cap for physicians and $750,000 for hospitals per patient claim for non-economic damages; unless there is a death (wrongful death), catastrophic injury or the victim is placed in a permanent vegetative state as a result of the malpractice (in which case the cap is $1,000,000).

Florida Serious Injury Threshold:

There is no serious injury threshold in the state of Florida.

Florida is a No Fault state and follows the pure comparative negligence doctrine. An insurance adjuster will first assess who is at fault and pay accordingly, however even if the injured party is at fault as well (up to 99%), damages will be adjusted to reflect the comparative negligence.

Personal Injury Claim Types & Theory of Liability in Florida:

Medical Malpractice Cases: A doctor or other health care professional must provide the standard of care. This is defined as that level of care, skill and treatment which is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers under similar circumstances (the judge is permitted to provide this definition to the jury in a trial).

Slip and Fall Accidents: This is a personal injury case in which an individual slips and falls on property owned by someone else. The owner will be liable if he/she is aware of the dangerous condition and failed to correct it.

Auto Accident Claims: These injuries occur when a driver causes an accident due to his/her negligent conduct. Florida follows the pure comparative fault theory, therefore he or she is entitled to recovery reduced by their degree of fault, up to 99%.

Wrongful Death Cases: A wrongful death case can occur in a variety of situations including auto accidents, medical malpractice or product liability cases. When a death occurs due to the negligence of another, the liable party can be held financially responsible to the estate of the decedent.

Product Liability Lawsuit: If a product fails to perform in the way in which it was designed and the result is serious injury or even death, the manufacturer or distributor may be liable to the injured party under this theory.

Workers' Compensation Law: Florida is a compulsory state meaning that employers are required to carry workers compensation insurance. If an employee is injured while working, the employer will be responsible for compensating the injured party for his injury provided it occurs during the scope of employment.

For More Information Check out these sites:

Official Website of the State of Florida

Florida Vehicle Insurance Information