Florida has a wide range of laws that can impact personal injury claims, and which ones apply will depend on the details of your case. However, certain statutes apply broadly to most personal injury matters.
Navigating these legal requirements can be complex, but a knowledgeable St. Petersburg personal injury lawyer can explain how the law applies to your situation and guide you through the claims process to help you pursue the best possible outcome.
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What Is a Statute?
A statute is a law enacted by a legislature. Congress enacts statutes at the federal level. State legislatures enact statutes that apply within that state. Florida statutes cover a wide variety of matters, including, but not limited to:
- Traffic and motor vehicles
- Personal injury claims
- Real estate matters
- Insurance
- Family matters
- Criminal cases
- Taxes
- Social welfare and public health
- Education
- Natural resources
Florida tort laws govern personal injury claims. If another party injures you, you could be entitled to compensation for your injuries, monetary losses, and other damages. However, several statutes could impact the outcome of your case. These include:
Comparative Fault
Florida Statute §768.81 sets a modified comparative fault standard for personal injury claims.
As of March 24, 2023, if a victim is 51% or more at fault for causing their injuries, they cannot recover compensation for their damages. For example, suppose a jury determines you are 55% to blame for a slip and fall case. If so, you would not receive any money for your claim.
If the victim is found to be less than 51% at fault, they can still recover compensation, but their total damages will be reduced by their percentage of fault.
Statute of Limitations
The Florida statute of limitations sets the deadline for filing different types of lawsuits. If you file a lawsuit after the deadline expires, the court may dismiss it without considering whether you have a valid legal claim for damages. You would lose your right to pursue a claim through the courts.
Most personal injury lawsuits must be filed within two years of injury or accident, as of March 24, 2023. However, some exceptions could shorten or lengthen the time to file a lawsuit. The best way to protect your rights is to talk with a personal injury lawyer as soon as possible.
No-Fault Car Insurance Laws
Florida requires drivers to purchase Personal Injury Protection (PIP) insurance. No-fault insurance will pay a portion of your lost wages and medical bills if you are involved in a car accident. However, it does not compensate victims for pain and suffering damages.
One of the main benefits of Personal Injury Protection (PIP) insurance is that it provides coverage regardless of who caused the accident. Because fault doesn’t need to be proven, you can receive compensation more quickly.
However, under Florida’s no-fault insurance laws, your ability to sue the at-fault driver or other parties is limited. You can only step outside the no-fault system and file a personal injury lawsuit if specific criteria are met, such as sustaining serious or permanent injuries. Otherwise, you’re limited to PIP benefits, which may not cover all your damages, including pain and suffering.
Government Tort Claims
Government entities are protected from being sued by sovereign immunity. You may only sue the government if it has waived its immunity and granted you the right to file a claim. The Florida Government Tort Claims Act waives sovereign immunity for negligence claims.
However, government tort claims have special rules that do not apply to other personal injury cases. For example, you must give the government notice that you intend to file a claim before you file a lawsuit. The deadline to file a notice of claim is very short.
Also, claims involving government entities have caps on damages. Your damages are limited to $200,000 per person and $300,000 per incident. Therefore, you might not receive full compensation for all damages unless the Florida legislature approves the payment of your judgment.
Contact a St. Petersburg Personal Injury Lawyer for a Free Consultation
Working with an experienced attorney can significantly impact the outcome of your case. Call (727) 349-1728 or contact Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers to schedule a free consultation with one of our St. Petersburg personal injury attorneys. We can help you interpret the statutes that are applicable to your case and advocate for you.
