By Karla Lopez-Fernandez – Miami Personal Injury Lawyer
If you’ve been injured due to someone else’s negligence, you may be entitled to compensation for medical expenses, lost wages, and pain & suffering. However, Florida’s personal injury laws can be complex, and understanding your rights is crucial to winning your case.
At Karla Lopez-Fernandez Law, we help injury victims navigate Florida’s legal system and fight for maximum compensation. This guide explains the key personal injury laws in Florida and how they impact your claim.
Florida’s No-Fault Car Accident Law 🚗
Florida is a no-fault state, meaning your own insurance covers medical bills and lost wages after an accident, regardless of who caused it.
🚨 What This Means for You:
✅ Your Personal Injury Protection (PIP) insurance covers up to $10,000 in medical bills.
✅ You must seek medical treatment within 14 days to qualify for PIP benefits.
✅ PIP does not cover pain & suffering—only a personal injury claim can recover full damages.
📌 If your injuries are severe, you may step outside the no-fault system and sue the at-fault driver.
Florida’s Modified Comparative Negligence Rule ⚖️
If you were partially at fault for your accident, you can still recover damages under Florida’s modified comparative negligence rule.
🚨 How It Works:
✅ If you were less than 50% at fault, you can recover damages, but your settlement is reduced by your percentage of fault.
✅ If you were more than 50% at fault, you cannot recover compensation.
📌 An attorney can help minimize your percentage of fault to maximize your settlement.
Statute of Limitations: How Long Do You Have to File a Claim? ⏳
🚨 Florida’s personal injury statute of limitations changed in 2023.
✅ You now have 2 years from the date of injury to file a personal injury lawsuit (previously 4 years).
✅ Medical malpractice claims must be filed within 2 years from the date of discovery.
✅ Wrongful death lawsuits must be filed within 2 years.
📌 If you miss the deadline, you lose your right to seek compensation. Act quickly!
What Compensation Can You Recover in a Personal Injury Case? 💰
If you were injured due to negligence, you may be entitled to economic and non-economic damages.
✅ Economic Damages (Financial Losses)
✔ Medical expenses (hospital bills, therapy, medication).
✔ Lost wages and future lost income.
✔ Property damage (e.g., car repairs in an accident case).
✅ Non-Economic Damages (Pain & Suffering)
✔ Emotional distress (PTSD, anxiety, depression).
✔ Loss of enjoyment of life.
✔ Physical pain and long-term disabilities.
📌 Insurance companies often try to undervalue pain & suffering—an attorney fights for full compensation.
Premises Liability: Property Owners’ Responsibility for Injuries 🏢
Property owners must keep their premises safe to prevent injuries.
🚨 Common Premises Liability Cases:
✅ Slip & Fall Accidents – Wet floors, uneven sidewalks, poor lighting.
✅ Negligent Security – Assaults due to lack of security in parking lots, apartment buildings, or businesses.
✅ Dog Bites – Florida has strict liability laws, meaning dog owners are responsible for bites.
📌 If you’re injured on someone else’s property, you may have grounds for a lawsuit.
Medical Malpractice Laws in Florida 🏥
If a doctor, hospital, or healthcare provider’s negligence caused you harm, you may have a medical malpractice claim.
✅ Key Requirements for a Medical Malpractice Case:
- You must prove the doctor failed to meet the standard of care.
- Expert testimony is required to prove negligence.
- Florida has a cap on non-economic damages in medical malpractice cases.
📌 Medical malpractice cases are complex—an experienced attorney is crucial.
Wrongful Death Claims: Seeking Justice for Loved Ones ⚰️
If someone’s negligence resulted in death, the victim’s family may file a wrongful death lawsuit.
🚨 Who Can File a Wrongful Death Lawsuit in Florida?
✅ Spouse, children, or parents of the deceased.
✅ Personal representative of the deceased’s estate.
✅ Types of Compensation:
✔ Medical & funeral expenses.
✔ Lost wages & benefits.
✔ Emotional pain & suffering for surviving family members.
📌 Wrongful death cases must be filed within 2 years—don’t delay seeking justice.
Why You Need a Personal Injury Lawyer in Florida 🏛️
Florida’s personal injury laws favor insurance companies, making it harder for victims to recover full compensation.
🚨 How a Lawyer Helps Your Case:
✅ Investigates your accident and gathers strong evidence.
✅ Negotiates with insurance companies to maximize your settlement.
✅ Represents you in court if necessary.
✅ Ensures you meet all legal deadlines.
📌 Studies show that personal injury victims receive higher settlements with an attorney.
Why Choose Karla Lopez-Fernandez for Your Personal Injury Case?
At Karla Lopez-Fernandez Law, we provide:
✅ Experienced legal representation for personal injury victims.
✅ Aggressive negotiation with insurance companies.
✅ No fees unless we win—zero upfront costs.
✅ Compassionate legal support every step of the way.
🚨 Need help understanding Florida’s personal injury laws? Call us today for a FREE consultation!
📞 Contact us now to discuss your case.
Final Thoughts: Know Your Rights Under Florida Law
💡 Key Takeaways:
✅ Florida is a no-fault state for car accidents—PIP insurance covers initial medical expenses.
✅ You have 2 years to file a personal injury lawsuit—don’t miss the deadline.
✅ Comparative negligence rules allow partial recovery even if you’re partly at fault.
✅ Premises liability and medical malpractice claims require strong evidence.
✅ An experienced personal injury lawyer helps you fight for maximum compensation.
🚨 Have questions about your personal injury case? Contact us today for a free case evaluation!
📞 Call now or visit our website to schedule a consultation.