It depends on how you were injured and who may be responsible. Many Florida personal injury claims are based on negligence, meaning another person or company failed to use reasonable care and caused someone to be hurt.
A negligence claim generally requires showing:
Not every personal injury case follows exactly the same legal theory. Product liability and other types of cases may involve different standards.
If you are unsure whether you have a claim, Peninsula Law Firm can review what happened, identify potentially responsible parties, and explain your legal options under Florida law.
Generally, the person who was injured may bring a personal injury claim against the person, business, or other party responsible for the harm.
Being partly responsible for an accident does not always prevent you from recovering compensation. Florida follows a modified comparative fault system for many negligence cases. Your recovery may be reduced according to your percentage of fault. However, if you are found to be more than 50% responsible for your own harm, you generally cannot recover damages in a covered negligence action.
Wrongful death claims work differently. In Florida, the deceased person's personal representative brings the case on behalf of eligible survivors and the estate.
Florida generally gives you two years to file a lawsuit based on negligence. However, the deadline can vary depending on the type of case, when the claim arose, who is involved, and other circumstances.
Certain cases may also have additional notice requirements or contractual deadlines. Cruise ship injury claims are one example where waiting can create problems beyond Florida's general statute of limitations.
You also do not want to wait until a deadline is approaching to begin investigating. Video can be erased, witnesses can become difficult to locate, vehicles or defective products can be repaired, and other evidence can disappear. Speaking with a Florida personal injury attorney early gives your legal team more time to preserve evidence and evaluate the claim.
Start with your health. Seek medical care when you need it and report the accident to the appropriate person, business, or law enforcement agency.
When possible, preserve evidence such as photographs, videos, witness contact information, receipts, damaged property, medical records, and communications with insurance companies. What is important will depend on whether you were hurt in a car crash, fall, product-related accident, or another type of incident.
You should also be careful about signing releases or giving detailed recorded statements before you understand how they could affect your claim.
You may need to notify an insurer about an accident, but you do not have to assume that the insurance company is looking out for your interests.
Adjusters may contact injured people quickly, sometimes before they know how serious their injuries are or what treatment they will need. You could also be asked for a recorded statement, medical authorization, or settlement agreement.
Before accepting an offer or signing away your rights, it can be useful to have a Florida personal injury attorney review the situation. Peninsula Law Firm's attorneys previously worked on the defense side of these cases, giving the firm firsthand insight into how insurers and corporations evaluate and defend claims.
Florida's auto insurance laws require personal injury protection, commonly known as PIP, as part of covered motor vehicle policies. PIP can provide certain medical and disability benefits regardless of who caused the crash.
Florida law also makes timing important. To qualify for PIP medical benefits, initial medical services generally must be received within 14 days after the motor vehicle accident.
PIP does not necessarily resolve everything after a serious Florida car accident. Depending on your injuries, insurance coverage, and who caused the crash, you may have additional claims against an at-fault driver or another responsible party.
Often, yes. A commercial truck accident may involve more potential defendants, insurance policies, and sources of evidence than a collision between two passenger vehicles.
Depending on the circumstances, responsibility could extend beyond the driver to a trucking company, vehicle owner, maintenance provider, cargo company, or another business.
Truck accident investigations may also involve company records and information connected to the commercial vehicle. Preserving that evidence early can be especially important when a trucking company and its insurer may begin their own investigation soon after a serious crash.
Possibly, but simply falling on someone else's property does not automatically make the property owner or business responsible.
For example, when someone slips on a foreign substance in a Florida business, the injured person generally must show that the business had actual or constructive knowledge of the dangerous condition and should have addressed it. Evidence that the hazard existed long enough that the business should have discovered it, or that the condition happened regularly, can become important.
Photographs, witness accounts, incident reports, surveillance video, and information about how long the hazard existed may all matter in a Florida slip and fall claim.
Get medical attention and report the incident to the cruise line as soon as reasonably possible. If you can, document the condition that caused your injury and keep copies of your ticket, booking documents, medical records, photographs, and communications with the cruise line.
Cruise ship injury cases can be very different from ordinary Florida premises liability cases. Your passenger contract may contain requirements governing where a lawsuit must be filed and how quickly notice must be provided.
Because Florida is a major hub for the cruise industry, many cruise injury disputes have connections to the state even when the actual injury occurred somewhere else. It is important to have the specific ticket terms and circumstances reviewed promptly.
If you can safely do so, preserve the product. Do not throw it away, repair it, modify it, or return it to the manufacturer before determining whether it could be evidence.
Keep packaging, instruction manuals, warnings, receipts, photographs, and correspondence related to the product as well.
A Florida product liability claim may involve questions about how a product was designed, manufactured, labeled, distributed, or sold. Potentially responsible parties can include manufacturers, component makers, distributors, retailers, and others in the supply chain.
Under the Florida Wrongful Death Act, the deceased person's personal representative brings the wrongful death action for the benefit of the estate and eligible survivors.
The types of damages available can depend on the relationship between the survivor and the person who died. Depending on the circumstances, recoverable losses may include lost support and services, medical or funeral expenses, lost companionship, and certain forms of mental pain and suffering.
Wrongful death cases involve rules that are different from an ordinary personal injury claim, so families should not have to determine eligibility and potential damages on their own.
At Peninsula Law Firm, personal injury cases are handled on a contingency-fee basis. You do not pay attorney's fees up front, and the firm is paid only if it obtains a recovery for you.
Your initial consultation is also free. You can explain what happened, ask questions about the personal injury process in Florida, and learn more about your options before deciding what to do next.
Every accident is different, and a general FAQ can only take you so far. Peninsula Law Firm represents people injured in car and truck accidents, falls, cruise ship incidents, defective product cases, and other serious accidents throughout Florida.
When you contact the firm, you speak directly with an attorney who can review what happened, explain what to expect, and help you determine your next step.
Contact Peninsula Law Firm today to schedule a free consultation about your Florida personal injury claim.