What Is A Personal Injury Claim?

The Basics

Understanding the distinction between a personal injury claim and a lawsuit is crucial. A claim, which is made directly with an insurance company, aims to resolve the matter without court involvement. This approach, if successful, can lead to an amicable settlement, thereby avoiding or preempting a lawsuit.

Personal injury claims cover a wide range of incidents where someone is hurt due to another person’s fault. These can include:

• Car crashes
• Slip and falls
• Trip and falls
• Pedestrian accidents
• Bicycle accidents
• Dangerous products
• Animal bites
• Medical malpractice
• Workplace injuries, including workers’ compensation claims

In essence, any injury that unexpectedly disrupts your life through no fault can qualify for a personal injury claim. This also extends to wrongful death cases, where someone has tragically passed away due to an accident or injury.

Florida’s Comparative Negligence Model

Florida’s personal injury laws have undergone significant changes due to recent tort reforms, setting it apart from other states. One key change is that in Florida, you can only recover damages if you are found to be 50% or less responsible for your injuries. If you are more than 50% at fault, you are unable to recover any damages.

This significantly differs from the previous system, known as pure comparative negligence, where your recovery would be reduced by the percentage of your fault. For instance, if you were 90% at fault, you could still recover 10% of your damages.

Some states follow the pure comparative negligence model, allowing recovery regardless of the plaintiff’s degree of fault. However, the amount would be proportionately reduced. Other states have stricter rules, where any degree of fault on the plaintiff’s part bars recovery entirely.

Micah Longo of The Longo Firm in Florida is a highly skilled personal injury attorney with extensive experience navigating the complexities of negligence claims. With a deep understanding of Florida's comparative negligence model and recent tort reforms, Micah has successfully assisted clients in securing fair compensation despite the challenges of the state's legal landscape. His comprehensive knowledge and hands-on approach ensure that each client receives the attention needed to address their case effectively.

If you need skilled and trustworthy guidance through the nuances of personal injury law,
contact The Longo Firm to discuss your situation today.

This modified comparative negligence rule is particularly impactful in cases where liability is disputed, such as trip-and-fall incidents. Defense lawyers often argue that the plaintiff should have been more careful, suggesting that they bear some responsibility for their own injuries. 

This can be problematic because expecting people to constantly look at their feet while walking is unrealistic. Yet, this argument can sway jurors influenced by tort reform narratives, suggesting that plaintiffs are just looking for jackpot justice. If jurors buy into this and find the plaintiff more than 50% at fault, the new law means the plaintiff recovers nothing.

Ultimately, these changes in Florida law require plaintiffs to be even more diligent in proving their cases and countering arguments of shared fault. The goal of any plaintiff and their attorney in Florida is to ensure they are found 50% or less at fault to secure compensation for their injuries.

Statute Of Limitations

The time frame for filing a personal injury claim in Florida has recently been reduced due to changes in the tort reform law I just mentioned. Previously, you had a four-year statute of limitations, but now you only have two years from the date of loss to file a lawsuit. If you miss this deadline, you lose your right to bring a claim forever.

While this reduction may seem significant, it doesn’t pose a major issue in most cases. Typically, within those two (2) years, it’s clear whether you need to file a lawsuit. It’s rare for a case to go beyond two (2) years before filing.

Regardless, the key takeaway here is to act promptly. If you’re injured, you must seek legal advice and start the process immediately to ensure you take advantage of your right to seek compensation.

For more information on Personal Injury Claims, a free telephone consultation is the next best step. Call (954) 546-7608 today to get the information and answers you seek.