A personal injury can occur from many different causes. Some of the most common causes of injury in the State of Florida include car and motorcycle wrecks, boating accidents, slips and falls, and other unfortunate events. If you’ve suffered a personal injury yourself, you know just how painful, stressful, and expensive it can be.
Fortunately, there are steps you can take to get the compensation you need to get on with your life. Depending on the circumstances, you may file a car insurance claim, a workers’ compensation claim, or even a lawsuit. Before you do any of these things, it’s good to know how the law applies to your particular situation.
Personal Injury Lawsuits in Florida
Like other states, Florida allows the victim of a personal injury to seek compensation, which may take the form of a lawsuit. However, the burden of proof is on the person bringing the lawsuit, meaning that certain things have to be proven:
- That an injury was sustained.
- That it was caused by the defendant and not by something else.
- That the defendant had a duty to prevent the injury.
- That the defendant was reckless or negligent, or otherwise disregarded this duty.
If the injured person can prove these things, they may be awarded compensation.
Sometimes a lawsuit isn’t an option. Workplace injuries and automobile accidents are two examples. For injured employees, workers’ compensation claims are the preferred avenue for compensation in most states. For automobile accidents, the State of Florida has a special provision.
The “No-Fault” System
Florida is one of twelve states with a “no-fault” rule for automobile accidents. Injuries resulting from this type of accident are usually the responsibility of the injured party’s insurance carrier, even if the other party was clearly negligent.
While some survivors of car accidents might prefer to avoid the hassle of a lawsuit in favor of an insurance claim, this policy can be frustrating for others. Personal Injury Protection (PIP), which Florida drivers are required to carry, doesn’t always cover the full cost of an accident.
Fortunately, some victims can still sue. If an automobile accident results in death, disability, or severe injury, a negligent driver may still be held accountable under Florida law.
If you’ve been injured for any reason and you’re unsure about your options, we can help. Contact our offices for a free consultation!