There are plenty of times when an incident is unpreventable. But when something happens to you or a loved one because of another’s careless actions, you deserve compensation. You need to understand what factors into whether you have a personal injury claim, how to file a claim, and what affects your case in Florida.
How Personal Injury Claims Work in Florida
Personal injury law in Florida was significantly altered in March 2023 with the passing of HB 837. The bill modified the statute of limitations for claims, the limits for what could be claimed in damages, and how attorney fees are paid, to name a few changes.
The type of injury you’ve suffered determines the type of personal injury claim you file and with which entities. It also affects deadlines for filing and damages caps. In order to sue anyone for personal injury, you have to be able to prove that they were liable intentionally or negligently in following the duty of care that a reasonable person would take in a given situation.
This means that they either knowingly failed to follow the rules and created a situation that would lead to injury or neglected to fix something that made the situation unsafe. You also have to prove that they owe a certain amount of damages.
For low damages and straightforward cases, you may be better off settling outside court or trying your case in a small claims setting. For high damages and complicated cases that cannot be settled outside of court, you’ll need to file a personal injury lawsuit.
In the state of Florida, the general statute of limitations for any injury that occurred after March 24, 2023, is two years. This applies to any injuries present from any incident that occurred since that date. Know that if your injury presents two years after your accident, you have two years from discovering the injury to file your claims under HB 837.
For any injury sustained in an accident that occurred before March 24, 2023, the statute of limitations is four years. This also applies to injuries that were discovered months or years after the incident, as long as you can prove that the initial accident directly caused the injury.
After an accident, you need to file the relevant claims against the appropriate entity as soon as possible. For any type of motor vehicle accident, you would begin by filing a claim with your insurance company against your personal injury protection (PIP) and property damage liability (PDL) coverage, both of which are required for all vehicle owners in the state of Florida.
For incidents like dog bites, slip and fall accidents, and premises liability, you would file against the responsible party’s homeowners’ or liability insurance. In cases of medical malpractice and product liability, you file against the at-fault person’s liability insurance.
Any situation that requires you to file a personal injury claim means that you will communicate with insurance company employees, such as claims adjusters and attorneys. Understand that their first priority is reducing the payout as much as possible, and anything you say to them can help them meet this goal.
Utilizing a law firm like Florin|Roebig can significantly increase your payout at the end of the personal injury process.
What Factors Can Affect Personal Injury Cases In Florida?
Personal injury law provides guidelines and damages caps against which a case can be made for what you are owed. A board-certified personal injury attorney like those at Florin|Roebig knows how to operate within those guidelines to get you fair compensation.
As attorney Chad K. Florin puts it,
“We know all of the factors that affect your specific case because we’ve won so many similar cases. We’ll put that knowledge to work for your unique needs and get you the maximum compensation for your injuries.”
The factors listed below can impact your settlement amount.
The Type of Injury
The dollar amounts that can be assigned to injuries and the chances of a full recovery depend on the kind of injury. A serious injury may need hospitalization in the short term but lead to a full recovery. This may have a lower settlement than a catastrophic injury from which you may never recover.
Any pre-existing injuries that affect your accident injuries will also be considered. How the injury impacts you in the short- and long-term drives the amounts up or down. It determines the total cost of medical fees, what you’ll lose in wages, and the types of care you’ll require in the future.
Those numbers directly translate into a fair settlement amount. Having an experienced Florida personal injury lawyer to cover all the ins and outs of your accident and injuries makes a big difference.
The At-Fault Party
The fault in any accident can be assigned in percentages to all involved parties. Any of these parties can claim damages as long as they’re found to be less than 50% responsible for their own injuries. In other words, if you get into an accident with a driver who failed to yield right of way on a turn, they are usually found at fault. However, if you were speeding when the accident occurred, you are also at fault.
What matters most in determining fault is what can be successfully proven and argued. Work with a law firm that has a proven track record in winning personal injury lawsuits because they will know how to navigate the complexities.
Liability
Determining liability is about figuring out who failed in their duty of care and if the harm was intentional. A grocery store is responsible for putting out wet floor signs if they mop an area. But whom do you hold responsible? The employee who mopped the floor? The manager who trained them? The company that owns the store? Or maybe the landlord who owns the building?
The answer may depend on a jumbled mess of factors. An attorney with the knowledge and experience to untangle those can ensure that you file the correct claims against the appropriate party.
Comparative Negligence
Because of HB 837, negligence in Florida currently falls under one of two types: pure comparative negligence or modified comparative negligence.
Pure comparative negligence applies to injuries from any accident occurring before the law was signed. Under this rule, all parties can claim damages for the percentage for which they are not at fault, even if that is 1%.
Accidents that happened following the signing of HB 837 fall under modified comparative negligence of the 50% bar rule. Anyone found to be more than 50% at fault for the accident is ineligible to recover damages. The modified comparative negligence rule does not apply in cases of medical negligence in Florida.
Damage Caps
HB 837 sets stricter guidelines on damage caps in personal injury cases. Before it was passed, more factors could determine the cost of damages. Economic damages claims for past medical expenses are now capped by the amount actually paid, regardless of who paid it. Receipts or records must be submitted for these claims, and they can only state the amount actually paid.
Letters of protection (LOP) are used when medical providers offer care in exchange for a portion of the settlement instead of upfront fees. Following HB 837, the letters must be provided to the court as evidence. The medical costs listed on an LOP must be equal to what an insurance company would have paid if the plaintiff is insured.
If the plaintiff is uninsured, the cost is multiplied by a percentage of Medicare or Medicaid rates. Know that insurance coverage limits can affect what the courts can rule on for damages.
“Legal services provided by Florin|Roebig are transparent every step of the way about the strength of your claim and what damages you can reasonably pursue,” says attorney Chad K. Florin. “We want our clients to understand the process and know that we’re taking care of them.”
The Statute of Limitations
According to the Florida Legislature, the statute of limitations for most personal injuries begins on the day you become injured. If it presents at a later date, the statute of limitations begins once you become aware of the injury.
The statute of limitations lasts two years if the accident occurs after March 24, 2023. If the accident occurred before March 24, 2023, the statute of limitations lasts four years. Exceptions to these statutes exist in claims filed against the government, sexual assault cases, and incidents involving someone who was a minor at the time.
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Filing a Florida Personal Injury Claim: A Step-by-Step Guide
Knowing how to file a claim, who to file a claim against, and dealing with insurance companies can be difficult for injury victims and their family members. An experienced Florida personal injury attorney can ease this process with expert legal advice and assistance, ensuring all paperwork and fees are submitted in a timely manner.
Additionally, it’s important to preserve evidence and ensure that your actions don’t harm your claims. For example, if your doctor refers you to a physical therapist, but you miss appointments, your claims can be negatively impacted.
This step-by-step guide can help with your Florida personal injury claim:
Step 1: Gather Evidence
For any personal injury case, you will need to prove that your injuries were mostly someone else’s fault and their level of negligence.
To that end, you should gather:
- Photos/video of the accident scene
- Police reports
- Witness statements and contact information
- Information on any medical treatment, including on-scene care
- Documentation of lost wages and medical bills
Step 2: File Your Personal Injury Claim
Filing a claim notifies all relevant parties that you will be seeking compensation for your injury, so make sure it includes any entity that shares in liability. If this is where you are in the process, the Florin|Roebig legal team can help you identify the responsible parties and get started on your claim.
Step 3: Negotiate a Fair Settlement
Your attorney communicates with your insurance companies and their adjusters and attorneys, as well as those for the defendant. The goal is for all parties to reach a favorable agreement. A settlement can be decided at any point in the legal process, as long as no verdicts have been handed down and all parties agree.
Step 4: File a Personal Injury Lawsuit
Most personal injury cases are settled outside of court. When you and the negligent party cannot reach a favorable offer, you may need to file a personal injury lawsuit to gain fair compensation.
Opposing parties may present low offers in hopes you will settle for recovering less than the maximum compensation. If their offer is too low and your case is strong enough, the legal elite at Florin|Roebig can help you file a suit. When insurance companies won’t agree to a favorable settlement, your case can go to trial.
Step 5: Defend Your Case in Court
Trial lawyers should prove that your injury was a result of another’s negligence and you deserve compensation. Under Florida laws, how much you can seek in damages, what a medical provider can charge under an LOP, and how your attorney is paid have new limits.
It is vital to have fearless Florida trial attorneys — like our super lawyers at Florin|Roebig — beside you in the courtroom. The most reputable members of the legal community will ensure accident victims understand the possible verdicts or outcomes and fight to reach maximum compensation.
Types of Damages in Florida Personal Injury Cases
If you have been injured in an accident throughout Florida, you may want to recover damages for any medical bills related to that injury. You should be eligible for compensation as long as you can prove that the accident was less than 50% your fault and meet other criteria.
Calculating the amount of economic damages can be fairly straightforward in these cases. Non-economic damages, such as pain and suffering, may be more difficult to estimate. Top-rated lawyers like ours at Florin|Roebig believe in advocacy for our clients so they receive the maximum compensation allowed.
Damages for personal injury claims in Florida typically fall into two categories: compensatory and punitive damages.
Compensatory Damages
The majority of damages in personal injury cases are compensatory. They are meant to reimburse the injured party for any financial loss caused directly by the accident.
Special Damages
Special damages are those with a set dollar amount and can include medical bills, lost income, and property damages. These are also referred to as economic damages.
To receive compensation, your lawyer will need evidence of your medical records, pay statements, vehicle repair statements, and similar. Such documents help prove the financial consequences of the accident.
General Damages
General damages, or non-economic damages, are more abstract. These can include pain and suffering, mental anguish, loss of enjoyment, and loss of relationships (known as loss of consortium), which can be tough to calculate.
The number of damages awarded in personal injury claims can vary — placing a value on concepts such as loss of enjoyment or loss of relationships is complex. Fortunately, the accident lawyers at Florin|Roebig are highly experienced in helping to identify an accident’s impact and how to claim damages for it.
Punitive Damages
Punitive damages are intended to punish the at-fault party for their misconduct or negligence. These damages are only awarded when a judge clearly sees that the defendant acted negligently and knew they were doing so.
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What Types of Accidents Lead To A Personal Injury Claim?
Many situations can lead to a personal injury. Any accident caused by one party’s negligence that results in injury to another can result in a claim. Falls cause the highest rate of unintentional injuries in Florida and often occur in nursing homes. Auto accidents are the second-highest cause of unintentional injuries in the state.
Overall, unintentional injuries in Florida are 12% higher than the national average.
Here are common accidents in Florida that can lead to a personal injury claim:
- Assault and battery
- Slips and falls
- Bicycle accidents
- Dog bites
- Car accidents
- Rideshare accidents
- Trucking accidents
- Motorcycle accidents
- Medical malpractice
- Premises liability
- Product liability
- Work-related incidents
- Wrongful death
Note that while work-related injuries may lead to personal injury lawsuits against employers, most start as worker’s compensation claims.
What Injuries Qualify for A Claim?
Any injury that was caused by someone else’s negligence and resulted in damages may be listed on a personal injury claim. Claims are not restricted to serious injuries, though more severe injuries may lead to higher payouts.
Some commonly cited personal injuries include:
- Physical injuries:
- Broken bones
- Scarring
- Disfigurement
- Chest injuries
- Neck injuries
- Head injuries
- Back injuries
- Traumatic brain injuries (TBI)
- Whiplash
- Spinal cord injuries
- Dismemberment
- Wrongful death (fatalities)
- Emotional injuries:
- Pain and suffering
- Anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
- Financial losses:
- Medical bills
- Lost wages (short-term)
- Loss of income (long-term)
You must have proof when claiming any of these damages. Document any symptoms, injuries, and expenses. Working with a law office like Florin|Roebig will help connect you with medical experts who can help prove your case.
Your personal injury attorney will also ensure that you have any necessary documentation of your injuries. Know that if your attorney refers you to any medical providers, Florida’s HB 837 requires you to disclose that information.
List of the Best Personal Injury Attorneys in Florida
Having access to a highly-rated law firm with years of experience in personal injury law can make all the difference in your case.
To find and evaluate top-rated personal injury lawyers in Florida, consider the following:
- Research credentials — The Florida State Bar will have licensing information for any attorney in Florida, and any board certifications or special awards indicate that the attorney has been recognized by their peers and community for excellent work.
- Read client reviews — Most law offices include testimonials from satisfied clients on their websites. You can also read reviews listed on third-party websites to gain an understanding of whether a law firm is right for you.
- Schedule consultations — To ensure that the legal representation you choose is the best option for your unique case, try consulting with a few lawyers before choosing one to proceed with filing.
- Assess experience — Some attorneys will be more experienced in your type of personal injury case. Factor this in while researching and consulting with your list of possible personal injury lawyers.
Florin|Roebig’s legal team has been in operation since graduating from law school over 30 years ago. We’ve received numerous accolades in the personal injury legal sector, including being named to the Best Law Firms list by U.S. News & World Report.
To date, we’ve secured more than $1 billion in case awards for our clients.
Our Florida offices are located in:
- Palm Harbor
- Fort Myers
- Cape Coral
- West Palm Beach
- Key West
- Jacksonville
We serve clients throughout the states with offices also in Texas, Minnesota, and Colorado.
At Florin|Roebig, you’ll find capable, experienced personal injury attorneys serving Florida, including:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- Neil P. O’Brien, M.B.A.
- Shaun M. Cummings
- Luca G. Esposito
- Chad K. Florin, M.B.A., LL.M.
- John J. Hart
- Parker Y. Florin, LL.M.
- Taylor D. Roebig
- Michael A. Ossi, O.C.
- Lawrence J. Najem, O.C.
- Andrew M. Leone, O.C.
- Nollys R. Solarte, O.C.
We Are Nationally Awarded Lawyers
Connect With Experienced Florida Personal Injury Lawyers Today
Navigating the world of personal injury claims in Florida can be confusing. Injuries resulting from an accident can vary widely, ranging from minor bruising and scarring to spinal cord injuries to completely changing your way of life.
Keeping up with the filing deadlines, fees due, and including all responsible parties can quickly become a hassle. Working with personal injury attorneys who are at the top in their field can ensure your rights are protected, your compensation is fair, and your outcome is favorable.
Florin|Roebig’s accolades and multi-million dollar jury verdicts make them one of the most feared personal injury law firms in Florida. We’ll do a free consultation on your case.
Some of Florin|Roebig’s jury verdicts are believed to be the largest in their practice areas:
- $47.4 million against Essentials Massage, a Tampa Bay area day spa (Pasco County)
- $41.9 million in 2016 against Applebee’s Grill and Bar (Hernando County)
- $6.1 million in August 2017 for a motorcycle accident trial (Sumter County)
The legal team at Florin|Roebig is prepared to guide you through the personal injury claims process and help you reach the most favorable outcome for your case. Contact us today for a free case evaluation.
FAQs About Personal Injury Lawsuits in Florida
How much do personal injury lawyers charge in Florida?
It varies. Most personal injury attorneys in Florida work on a contingency fee basis, meaning their fees are covered as part of your settlement. For cases filed on accidents before March 24, 2023, there are stipulations for covering attorney fees as part of the settlement using a multiplier.
However, the multiplier is no longer allowed if the accident happens after that date. Attorney fees must be part of your settlement instead of an additional component, which is a major reason to get the best possible legal representation.
How long does it take to settle a personal injury case in Florida?
It depends on too many factors to set a definite amount of time. The complexity of your case will directly impact how long it takes to settle your personal injury case. Other factors can include how long your treatment lasts, how quickly evidence can be gathered, and when a judge is available if you go to trial.
What percentage of personal injury cases go to trial in Florida?
Approximately 5% or fewer of all personal injury cases end up in a courtroom. Most are settled before going to trial, though Florida has a higher number of personal injury cases than most other states.
When should I hire a personal injury lawyer in Florida?
As soon as possible.
The earlier an attorney enters the picture after an accident, the easier it is for their legal team to gather the necessary evidence and other documentation to file your claim. Once you determine that you need legal advice about your case, begin looking for the best board-certified civil trial attorney in your area.
