Personal Injury

• Florida Statute of Limitations
• Five Major Categories of Personal Injury Claims
• Work-Related Injuries
• Premises Liability
• Product Liability
• Medical Malpractice
• Compensation for Personal Injury Cases

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Personal injury is a very large practice area that includes variety of claims, many of which are related to other types of claims - such as wrongful death, medical malpractice, and workers' compensation.

Florida Statute of Limitations

In Florida there is a limit on the amount of time in which you can file an injury claim. This is known as the Florida statute of limitations. In the case of personal injury, the Florida statute of limitations is 4 years with discovery rule.

According to Florida's discovery rule, Florida statutes of limitations run from the date the injury is (or should have been) discovered.

Therefore, if you have been injured in Florida, and you want to file a personal injury claim, you can do so for up to 4 years from the date that you discovered your injury.

Furthermore, if a personal injury action has not been started, or is in litigation when the plaintiff dies as a result of their personal injuries, then there can be no longer be any personal injury action. Instead, the victim's survivors can file a Florida wrongful death claim (this must be done within 2 years).

Five Major Categories of Personal Injury Claims:

Transportation/Motor Vehicle Accidents

Auto accidents often result in injuries to limbs, bones, nerves, ligaments, cartilage, soft tissues, necks, backs, and spinal cords, as well as whiplash and head and brain trauma, accidents on the road are the leading cause of acquired disability today. This category is one of the most common causes of personal injury and includes:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bus accidents
• Pedestrian accidents

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Work-Related Injuries

Employers have an obligation to keep their working environments safe in order to prevent work-related injuries due to premises liability or other foreseeable variables. If an employer fails to take necessary precautions, they can be held liable for negligence or wrongdoing.

Because workers' compensation is a no-fault insurance system, it doesn't matter who is directly responsible for the injury you sustained. If it occurred at your workplace, or while you were on the job, you are entitled to compensation.

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Premises Liability

Property owners have a responsibility to keep their premises in safe condition to reduce the risk of injury to public users. Whether it's a business, a parking garage, or a public sidewalk, property must have adequate security and regular maintenance in order to prevent danger to public users.

When individuals suffer injury or illness because of a property's dangerous condition or negligent security, they may be entitled to compensation from the property owner. If an individual is harmed by the actions of a third party while using the property, inadequate security measures can be cited, causing premises liability claims to overlap with assault claims.

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Product Liability

Manufacturers must adhere to basic standards of quality and safety. When they fall short in the design or manufacturing of their products, trusting consumers can get hurt.

Under this category, injuries can be caused by:

• Defective drugs
• Medical devices
• Toys
• Various equipment

Many car accident claims also involve product liability, since the accident is sometimes caused by vehicle defects. Every manufacturer is responsible for testing their products for safety. When this responsibility is compromised, injury or even death can result - especially in the case of medical devices and defective drugs.

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Medical Malpractice

A visit to the doctor should be a step towards getting better. However, if a physician's treatment or surgery resulted in more serious medical problems, contact an attorney at our firm. Cases are complex and require a medical professional's validation.

Types of personal injury claims due to medical malpractice are:

• Misdiagnosis
• Wrongful death
• Birth injuries
• Surgical errors
• Hospital negligence

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Compensation for Personal Injury Cases

The facts and circumstances surrounding the personal injury lawsuit ultimately determine the amount of compensation received for the injury case. Factors taken into consideration when determining the compensation awarded are:

• Nature of the Injury Sustained
• Permanent Injuries
• Pain & Suffering
• Medical Bill Expenses
• Lost Wages

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