When filling out the insurance claim forms following and injury or accident Florida, there are certain Florida State laws you should be familiar with. Understanding these laws will help you know how to find a competent lawyer to handle your case, and also help you manage your situation in a way that will give you the most favorable outcome.
Statute of Limitations
Statute of Limitations refers to the amount of time your given to file a lawsuit in a civil court against the person or entity responsible for an injury incurred in an accident.
In Florida, the statute of limitation is four years from the date when the accident occurred. If you do not file a suit within four years, a court can refuse to hear your case.
Sometimes you might not realize that you incurred an injury after an accident until later. In such a case, the court may choose to extend the filing window for the lawsuit.
Sometimes the individual you're suing for your injury following an accident can claim that you were the one responsible for the accident and injuries that resulted from it. In this case, the State of Florida follows what is called the Pure Comparative Negligence Rule. This means that both you and the individual you're suing to take responsibility for the accidents and injuries caused. The amount you're compensated is reduced to cater for the percentage equal to your fault in the accident.
No-Fault Insurance Law on Cars
Florida State follows the No-fault policy in case of car accidents. According to Florida's law, an insurance company is liable for all expenses that result from a car accident irrespective of who is at fault.
The only time an exception is made to this rule is when one can prove that the injuries were extensive to the point where they caused permanent injury, permanent or significant scarring or disfigurement. In that case, the driver who was at fault during the accident can be held liable for your injuries.
Damage Caps Statutes
Damage cap statues refer to limits sets on the amount of money you can get as compensation following an accident Florida. Most of these laws limit amount on non-economic damages such as suffering and pain one endures when recovering from an injury. Personal injury cases such as slip and fall or car accidents pertain to punitive damages which are intended to punish the perpetrator for reprehensible or dangerous behavior.
As you can see accident Florida laws are complex and there is a lot that comes to play before a court gives their ruling and awards a compensation. Your compensation is highly dependent on how well your Attorney is able to represent you and argue your case before a court. It is imperative that you consult an attorney who is experienced in Florida accident law. Butash & Donavan is a reputable law firm in Florida with a team of attorneys who are experts in accident law. Call them today and find out more about the services they offer.
*Disclaimer: The views expressed here are those of the authors and do not necessarily represent or reflect the views of Butash Law Group*