When it comes time to take someone to court in Florida, in the case of a personal injury, you need to be aware that it is not a straightforward matter. There are various limitations on when you can sue, what you can sue for and even how long a time you have to sue. For this reason alone, you need to talk to a personal injury attorney. In Tampa FL any of several firms are capable of providing you with the right information on everything from the statute of limitations to monetary caps.
Statute of Limitations
When it comes to personal injury cases, Florida has a maximum of four years for the filing of a case in civil court. The statute of limitations for any claim filed against government for harm suffered is four years. This is applicable for city, county and state branches. There are exceptions to this rule. It is based upon whether you find out the personal injury suffered within the time frame.
In all cases, however, if you file after the date assigned by the statute of limitations, your case may not be heard. The courts have the right to throw it out
Car Insurance Laws
If you are injured during an automobile accident, you are bound by the no-fault system. As a result, no matter who is at fault, you are expected to turn to your own insurance company to provide the funds to cover medical expenses as well as any lost income. The exception is if the injuries you incur meet or exceed what is called the “serious injury” threshold. This category includes:
- Disfigurement
- Permanent scarring
- Permanent injury
If this is the case, you may be able to file a liability claim. Because of the vagueness of the term “serious injury threshold,” you should talk to a personal injury attorney. He or she can provide you with clarification and advise you whether to proceed.
Comparative Negligence Law
Florida has a comparative negligence law. It is a “pure comparative negligence rule.” This means that in cases where personal injury occurs, the court will decide whether the recipient of the injury bears any fault. If he or she is found to be guilty of causing the accident or harm, he or she will face the consequences. As a result, even though the defendant in the case caused the accident or harm, the plaintiff must bear some of the blame. This will result in a reduction of the compensation by the amount that is equal to the plaintiff’s perceived percentage of the fault.
Consult a Personal Injury Attorney
If you suffer from a personal injury in Florida, do go to visit a lawyer. A personal injury attorney in Tampa FL can help you understand the various aspects involved in pursuing a personal injury case. He or she can help you decide whether you indeed do have a legitimate and defendable case against those who caused the injury.
A personal injury attorney can help you understand the various aspects involved in pursuing a personal injury cases in Tampa.
