How Auto Accident Personal Injury Cases Work in Florida
You have 4 years from the date of an accident to file a personal injury claim. If a loved one died as a result of the crash, you have 2 years from the date of their passing to file a wrongful death claim. Florida courts will almost always refuse to hear claims for cases filed after the 4- or 2-year statute of limitations.
In adjudicating an auto accident personal injury claim, the jury will be responsible for determining the total value of the damages and each driver’s contributions to the crash. Florida operates under “pure comparative fault” rules, which means your role (if any) in causing the accident will be assigned a percentage of the overall blame.
The court will assess how the behavior of each party may have contributed to the accident when deciding shares of blame. A jury will be asked to consider witness testimony, any footage or photographs of the accident, and any official reports from the incident site. Motorists who failed to adhere to the rules of the road or obviously neglected to exercise reasonable care while driving are generally more likely to be considered responsible for an accident.
The extent of your responsibility for causing the accident decides the total quantity of recoverable damages. If you are assigned 30% of the blame for an accident that resulted in $100,000 in total damages, for example, you can be awarded up to $70,000, or 70%, of that total.
Unlike some states that operate under comparative negligence rules, you can still theoretically recover damages if you were more than 50% at-fault, but you will consequently need to compensate the defendant for the majority of their damages. Our Orlando car accident attorneys can assess the facts of your case and advise on the most advantageous course of action.
Recover Damages in Florida with Our Help
Pursuing an auto accident personal injury claim is important if you have been seriously harmed due to someone else’s negligence. You can be left with temporary or permanent injuries that may not be completely covered by your insurance company.
A successful auto accident personal injury claim can recover damages for:
- Property damage
- Hospital and medical bills
- Lost or missed income
- Permanent or long-term disabilities
- Physical and emotional suffering
Our Orlando auto accident lawyers at Angel Law Firm, PL can help you hold negligent drivers accountable. We understand how these cases are adjudicated in Florida and can determine if you have a case.