Frequently Asked Questions

Personal injury law encompasses legal disputes that arise when one person suffers harm from an accident or injury due to the negligence or intentional actions of another party. These cases typically involve seeking compensation for damages such as medical expenses, lost wages, and pain and suffering.

Personal injury cases can arise from various incidents, including car accidents, slip and fall accidents, medical malpractice, workplace injuries, product defects, and assaults or other intentional acts that cause harm.

To have a valid personal injury claim, you must demonstrate that another party's negligence or wrongful actions directly caused your injuries. This often involves proving that the other party had a duty of care, breached that duty, and that the breach led to your injuries.

Depending on the circumstances of your case, you may be entitled to recover various damages, including medical expenses, lost wages, property damage, pain and suffering, emotional distress, and in some cases, punitive damages meant to punish the negligent party.

The time limit for filing a personal injury lawsuit, known as the statute of limitations, varies depending on the state and the type of case. In most states, including Florida, the statute of limitations for personal injury cases is typically two to three years from the date of the injury or discovery of the injury.

While you have the right to represent yourself in a personal injury case, it's highly advisable to seek the assistance of an experienced personal injury attorney. An attorney can navigate the legal complexities of your case, gather evidence, negotiate with insurance companies, and advocate on your behalf to ensure you receive fair compensation for your injuries.

Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you receive a settlement or favorable verdict in your case. Typically, the attorney's fee is a percentage of the compensation recovered, agreed upon in advance.

If you've been injured in an accident, seek medical attention immediately, document the scene if possible, gather contact information from any witnesses, and report the incident to the appropriate authorities. It's also essential to consult with a personal injury attorney as soon as possible to protect your rights and explore your legal options.

In many states, including Florida, you may still pursue a personal injury claim even if you were partially at fault for the accident. However, your compensation may be reduced based on your percentage of fault, as determined by the principles of comparative negligence.

The duration of a personal injury case varies depending on factors such as the complexity of the case, the severity of injuries, the willingness of the parties to negotiate, and court schedules. Some cases may be resolved in a few months through settlement negotiations, while others may take several years to go to trial. Your attorney can provide a more accurate timeline based on the specifics of your case.

Florida's comparative negligence statute enables accident victims to pursue compensation even if they bear some responsibility for their injuries. Nevertheless, recent legislative adjustments may impact your chances of recovery if you are found partly at fault for an incident.

These modifications significantly influence tort law within the state, dictating who can legally seek compensation following an accident and the extent of recoverable damages. Except for medical malpractice claims, individuals deemed more than 50 percent responsible for their injuries are precluded from seeking compensation.

In the event of an accident in Florida, the revised comparative negligence principle could impede your ability to obtain financial redress for damages. Call me to explain your and the details of comparative negligence and how the law has changed.

With the enactment of House Bill 837 in March 2023, Florida now employs a modified comparative negligence framework instead of a pure comparative negligence system. Under this modified framework, individuals injured due to negligence can only pursue damages if they are found to be 50 percent or less responsible for their injuries. If an individual is found more than 50 percent culpable for an accident, the law prohibits them from seeking any damages, except in medical malpractice cases.

Furthermore, comparative negligence law dictates the extent of compensation a person can receive for a civil claim. The awarded amount is proportionally reduced by the percentage of fault attributed to the individual, up to 50 percent.

Operational Dynamics in an Auto Accident Scenario

John is driving his car on a busy street, exceeding the speed limit slightly. Meanwhile, Sarah is pulling out of a parking lot onto the same street without properly checking for oncoming traffic. As a result, Sarah's car collides with John's, causing significant damage to both vehicles and minor injuries to both drivers.

After investigating the accident, it is determined that Sarah was 70% at fault for failing to yield the right of way, while John was 30% at fault for speeding.

Under the modified comparative negligence system in their state:

Sarah, being more than 50% at fault, would not be entitled to recover any damages from John.

However, John would still be able to seek compensation for his damages, albeit reduced by his percentage of fault. For instance, if his total damages amount to $10,000, his compensation would be reduced by 30%, leaving him with $7,000.

This scenario illustrates how the modified comparative negligence principle allocates compensation based on the degree of fault attributed to each party involved in the accident. We're Committed to Upholding Your Rights Despite Legislative Changes

The implementation of the modified comparative negligence law may favor insurance companies. Unlike under the pure comparative negligence system, where they were liable regardless of the degree of fault, they are now absolved from paying if you bear over half of the responsibility.

Certain insurers conduct independent accident inquiries with the aim of amplifying your responsibility and diminishing or nullifying their liability. However, we're resolute in our stance against such tactics. At White Injury Law, we conduct thorough accident investigations, scrutinizing every aspect to gather compelling evidence to safeguard your entitlement to compensation.

Exploring the Impact of 2023 Tort Reform on Comparative Negligence in Florida

In addition to transitioning from pure to modified comparative negligence, House Bill 837 introduced pivotal alterations to Florida tort law, including a reduction in the personal injury statute of limitations from four years to two years for general negligence claims, with exceptions for active-duty service members.

Moreover, changes were made regarding the admissibility of evidence to ascertain the extent of damages for medical care and modifications to insurer liability for bad faith. While these tort reforms affect injury victims, the adoption of the modified comparative negligence framework significantly alters Florida litigation. It could potentially serve as a defense against plaintiffs who previously received partial compensation for their losses.

The new modified comparative negligence law, effective March 24, 2023, applies to all negligence claims filed on or after that date, except for medical malpractice cases. Any general personal injury lawsuits filed before March 24, 2023, will adhere to the previous pure comparative negligence rule.

Understanding the Previous Comparative Negligence Regime in Florida

Previously, Florida adhered to a pure comparative negligence model. Under this system, plaintiffs could pursue damages regardless of their degree of fault. However, the awarded amount would be reduced in proportion to their share of responsibility.

Consequently, an individual could be predominantly at fault for an accident yet still recover a fraction of the damages. The sole scenario where a plaintiff would be ineligible for compensation is if they were entirely at fault for their injuries.

Navigating Your Legal Recourse in Florida Despite Shared Fault

Whether you can pursue a lawsuit and secure damages following a Florida accident hinges on the extent of fault you bear for your injuries. Even if you share partial responsibility, you can still seek compensation for your losses provided your fault does not exceed 50 percent. A proficient personal injury attorney in Florida can explain your legal options under the revised law.

Impact of Comparative Negligence Change on Medical

Malpractice Cases in Florida

The change to a modified comparative negligence standard does not affect personal injury claims or wrongful death suits stemming from medical malpractice. Florida's medical malpractice claims will continue to operate under the pure comparative negligence rule applied to all negligence cases prior to House Bill 837.