Understanding Florida's Comparative Negligence Law
One important aspect of Florida injury law is the comparative negligence law. This law was designed for injury cases where shared blame is assigned to both parties involved. This is most commonly seen in auto accident cases where both parties will try to argue that the other is responsible for the accident that caused injury. If the court or judge does assign blame to both parties, then the comparative negligence law will be used to stipulate the amount of compensation you are entitled to receive.
For example, if you are in a car accident and the court rules that you were 10 percent at fault for the accident, then whatever damages you are awarded for the accident will be reduced by 10 percent to account for your fault in the accident. So, if you win $100,000 in damages, but were found to be 10 percent at fault for the accident, you will only be able to collect $90,000 in your settlement. All courts in Florida are obligated to abide by the comparative negligence law, as are any insurance agencies or companies when negotiating settlements.
Florida Statute of Limitations
Like most other states, Florida also has a statute of limitations that governs the amount of time you have to file a lawsuit in civil court against a person or business. Under Florida law, you have four years from the date of the accident to file a lawsuit in civil court. If you do not file your case within the four-year window, the court will likely refuse to hear your case. This four-year window is applied to all injury-related lawsuits, with the exception of medical malpractice lawsuits. Medical malpractice lawsuits have a smaller window of only two years from when the injury was discovered, or four years from the date the malpractice occurred.
Don't wait. Timing can make all the difference.
At the end of the day, timing can make or break your case when it comes to injury law. Not only is there a statute of limitations on filing a lawsuit, but some of these cases can take some time when it comes to negotiating with insurance companies and attorneys. As someone who has helped countless injured victims over the years, I understand that while your case is being handled, you're dealing with the difficult process of recovery.
I want to help you through that process as quickly and painlessly as possible, which is why I urge all of my clients to begin the legal process as soon as they can so that we can move your case forward and get you back on your feet. If you or someone you know has been injured in an accident, call the Law Office Of Layne Verebay P.A. today and find out how we've helped countless others get the justice they deserve for their injuries.