If you have been in an accident or suffered a personal injury, you do not have an infinite amount of time to file your claim against the person responsible for your pain and suffering. This time period is called the statute of limitations and is set by state law. In Florida, you have four years from the date of the accident to file a lawsuit in Florida’s civil courts. That means, if you became injured and more than 4 years have passed since the injury, you may not be able to recover anything. Therefore, it is important to be proactive and retain an attorney immediately after you become injured.
Personal injury most often involves car accidents, however, can include: work place injuries, medical malpractice, slip and falls, trip and falls and certain property damage cases. There are four elements that must be met to recover under personal injury:
- person had a duty to act reasonably;
- the duty was breached;
- such breach caused damages; and
- the damages were directly caused by the breach.
With regard to apportioning fault, Florida follows the pure comparative negligence standard of recovery. Pure comparative negligence is a partial legal defense that reduces the amount of damages that a plaintiff can recover (in a personal injury claim) based upon their degree of fault. For example, if the jury finds that a plaintiff was 50% liable for their own injury, their damages award will be reduced by 50%. That means, if a plaintiff’s damages would amount to $1,000.00, the figure would be reduced by 50% or $500.00 – resulting in an award of only $500.00.
Contact the Attorneys of The Noble Law Firm, P.A. to assist you with your personal injury matter.
