In Florida, all accident victims possess a four-year window to file a civil lawsuit against the party that caused their injuries. This statute of limitations begins on the day in which he or she sustained the injuries. If you were injured due to circumstances that were beyond your control, you should contact a personal injury attorney and file a claim.
Florida Injury Laws
In accident cases, Florida courts establish whether or not the victim shared any fault in the accident. The comparative negligence law allows defendants to provide proof that shows how the victim contributed to the accident. For instance, in an automobile accident, a victim who is guilty of a moving violation during the accident played a role in causing the accident.
If shared fault is established the judge will reduce the value of the settlement based on the percentage of fault shared between the victim and the defendant. If the judge rules that both parties are equally at fault, the case is balanced and a monetary award is not distributed. When the victim shares the blame for the accident, the defendant can file a counter-suit against him or her to seek damages. To fight against the probability of shared fault you should hire a personal injury attorney to represent you.
Further conditions that apply are when a manufacturer is to blame due to a faulty automobile part that ultimately caused the accident. When this is the case, the victim and the at-fault driver can file a claim against the manufacturer. It is also probable that the Consumer Rights Protection Agency may launch an investigation to establish if additional victims were injured due to the same defects.
Although Florida is classified as a no-fault state, victims of serious injuries have the right to file a lawsuit to seek monetary damages when their injuries are permanent, cause significant scarring, or a disfigurement. When these conditions apply the no-fault ruling is discarded, and the court reviews the case based on the severity of the injuries.
Personal injuries are caused by a wealth of occurrences. They range from automobile accidents to medical malpractice. Any victim who is injured due to these circumstances should contact an accident lawyer and initiate their rights as a victim.