Florida Personal Injury Lawsuit

How Do I Know if I Should File a Lawsuit?

Any situation in which you have been hurt or made ill by someone else’s negligence is a potential cause for a lawsuit. The law allows people to sue those who cause them harm and resulting damages through an action or inaction that is unreasonable. What does this mean? Consider the example of a trip and fall, a common type of personal injury:

• You visit a business and trip over an uneven walkway. You break your leg, have resulting medical bills, and cannot work for a few weeks, costing you in lost wages.
• The business knew that its walkway needed repairs but neglected to do it in a timely fashion. They did not label the trip hazard to warn visitors.
• The business had a duty to protect visitors from that hazard and failed to do so.
• The hazard caused you harm that resulted in economic costs. You can file a lawsuit to prove their negligence and liability for damages.

If your case is less certain, a personal injury lawyer can evaluate the information and advise you on whether a lawsuit makes sense.

What Are the Steps in a Florida Personal Injury Lawsuit?

With a personal injury lawyer on your side, you can file a lawsuit and take it all the way to court if necessary. The steps involved may be quick and easy, or they may take time, depending on the case’s complexity. A Florida personal injury lawsuit follows several steps:

1. Engage an attorney.
   The first action is yours to take. Evaluate and hire a lawyer or law firm that specializes in personal injury cases.
2. File a claim or complaint.
   Your lawyer will take over the work from here, beginning with the complaint, the first official step in taking legal action. This goes to the defendants and outlines what you believe happened and why they are negligent. They may respond with an offer or deny any liability.
3. Discovery.
   With no offer of compensation from the defendant, the complaint triggers a discovery period. Lawyers on both sides investigate the incident, work with experts and witnesses, and build a case to prove or disprove negligence. This can take months or a year.
4. Settlement negotiations.
   At this point, the defendant’s attorneys may be willing to settle. Your lawyer will enter negotiations with them to try to find a fair amount.
5. Trial.
   If negotiations fail, you can take your case to trial. This is your choice. During the trial, your lawyer argues your case, calls on witnesses, and presents evidence. The jury decides if the defendant is liable for damages and chooses the amount.
6. Collection.
   The collection of damages awarded by the jury is not always straightforward. Your attorney may need to take more legal action to get the money for you, which can take time.
7. Appeals.
   Another potential delay is an appeal. The other side may appeal the jury decision and take it to an Appeals Court to get it overturned. You may also choose to appeal an unfavorable decision.

Is There a Time Limit on Filing a Personal Injury Lawsuit in Florida?

Yes, there is a time limit under Florida law, known as the statute of limitations. It gives you four years from the accident to file a lawsuit. There may be some exceptions, but this applies to most cases.

What Do I Need to Prove My Case?

Proving negligence in any state requires that you show the defendant had a duty to act in a certain way, that they breached that duty, and that the breach injured you and caused damages. Florida also has a comparative negligence rule. This means that the opposing side can prove that you had some fault in the incident, which may reduce your compensation.

How Much Can I Recover from My Lawsuit?

The amount of damages you can recover from your Florida personal injury lawsuit depends on several factors. Fortunately, in Florida, the law does not cap compensatory damages. You can seek any amount, but keep in mind that the court can reduce that amount by an equal percentage if you are at fault.

Damages also depend on the case’s individual factors, like the severity of the injury, the medical expenses, expected future medical expenses, lost wages, pain and suffering, disfigurement, and disability.

Examples of Florida Personal Injury Lawsuits

Personal injury lawsuits vary widely in the outcome, but it’s possible to get a good result with the right lawyer. These cases illustrate how a lawyer can help victims recover much-needed compensation after an accident or injury:

• $9.6 Million for Motorcycle Accident. A man injured in a motorcycle accident received a $9.6 million verdict, thanks to his lawyer. Joe Searcy was riding in Crystal River when an SUV turned in front of him. His injuries include facial damage, chronic pain, and disfigurement. Searcy’s attorney had to take the case to trial and win a verdict to get adequate compensation.[1]
• $400 Million for Paralysis. The severity of an injury often warrants a large verdict. Duane Washington suffered permanent paralysis after a 45-vehicle accident on a Florida interstate. Riding his motorcycle, Washington could not stop in time to avoid striking a truck. The driver who caused the accident, and his company, proved negligent and liable for his damages.[2]
• $236,500 for Trip and Fall. In 2015, Steven Parton tripped on a city sidewalk in Tallahassee. He suffered a hematoma that necessitated brain surgery. The surgery left him with blood clots, and he needed more surgeries. The city settled with Parton’s legal team, offering damages for medical expenses, lost wages, and pain and suffering.[3]

A personal injury lawsuit is a way to recover damages after an accident that causes you pain, suffering, medical bills, and other expenses. In Florida, personal injury lawyers can evaluate your case and help you get justice.