An Overview of Florida’s Personal Injury Law

If you have been hurt in an accident caused by another entity, it is recommended to become familiar with the Florida State laws that may impact your claim. According to Dolan Dobrinsky Rosenblum, one of the reputable law firms in Miami, here are important laws you should understand to successfully file an insurance claim or sue the personal or entity responsible for your injuries.

Auto accidents in Florida

Most personal injury claims arise due to out of traffic accidents. Note that Florida is a no-fault state, and that means that each driver’s vehicle will pay for their damages and injuries associated with the crash, regardless of who was at fault. The law requires all drivers to have a minimum of $10,000 in their personal protection per individual per auto crash. In many cases, an individual cannot file a personal injury lawsuit against an entity which actually caused the crash. Instead, your vehicle insurer covers your lost income and medical expenses.

But in Florida the law allows the plaintiffs or victims of auto accidents to file personal injury lawsuits after an accident if it caused you severe injuries. According to Florida State law, a severe injury can include any of the following types of injuries.

  • Scarring and disfigurement
  • Permanent injuries
  • Permanent or significant loss of bodily functions
  • Death

If you strongly believe that your auto accident injury might meet the set severe injury threshold, it is recommended to consult with a reliable personal injury attorney. The expert will help you determine the possibility of having a legitimate personal injury claim. Note that the statute of limitations in Florida sets the amount of time that a plaintiff has to file a lawsuit or pursue a claim. Therefore, consult with an attorney immediately after the accident.

Product liability claims

In Florida, product liability claims are handled differently compared to other types of personal injury lawsuits and claims. These liability claims arise whenever an individual is injured by a defective product. The state applies strict liability principles to product liability claims. That means the law imposes a duty on product producers and manufacturers to ensure that their products are safe. In case the product wasn’t safe and resulted in injuries, the law allows the victim to file a claim.

Dog Bites

Generally, states take two approaches when it comes to a handling dog attack and bite cases. The first approach is the one bite rule. According to this approach, the pet owner might not be held liable for the dog bite it was the first time, and he or she had no reason to believe that his dog was dangerous.

The second approach involves strict liability principles and holds the dog owner responsible even if it was the first time their dog attacked someone. Note that Florida State uses strict liability and that means a victim of dog bites can hold the dog’s owner responsible for their injuries. Remember, the dog must have been in the property lawfully.