As defined by the law, a personal injury refers to harm suffered due to another person’s negligence. Claims involve legal definitions for things like negligence and types of damages. Personal injury cases cover a wide range of accidents and injuries caused by the actions of another person.
If you were hurt in Florida, you may have the right to seek financial compensation. Personal injury cases involve specific terms that affect how your claim is handled. Knowing what these terms mean helps you make better decisions about your case.
Our personal injury lawyers in Fort Lauderdale have over four decades of legal experience advocating for Florida residents who were injured due to no fault of their own. Call today to schedule your free consultation and tell us what happened.
Types of Personal Injury Claims
Personal injury claims arise when someone suffers harm because another person or entity acted carelessly or recklessly. Florida law allows injured people to seek compensation from the party responsible for their injuries.
The type of claim you file depends on how the injury occurred. These can include:
Motor Vehicle Accident Claims
Motor vehicle accident claims are among the most common personal injury cases in Florida. They include:
- Car accidents
- Truck collisions
- Motorcycle crashes
- Pedestrian injuries
Florida follows a No-Fault insurance system for car accidents, which means your own insurance pays for initial medical costs regardless of who caused the crash.
Premises Liability Claims
Property owners in Florida have a legal duty to maintain reasonably safe conditions for visitors.
Premises liability law addresses injuries that happen on someone else’s property due to an unsafe condition.
Medical Malpractice Claims
It can lead to a medical malpractice claim when a healthcare provider does not meet the standard of care expected in their field. These cases often need expert testimony to show how a competent provider would have acted differently.
Product Liability Claims
Product liability claims involve injuries caused by a defective or dangerous product. A product may be defective in its design, in the way it was manufactured, or because it lacked adequate warnings about known risks.
Wrongful Death Claims
A wrongful death claim is made when someone dies because another person was negligent or acted wrongly. Florida’s Wrongful Death Act explains who can file a wrongful death lawsuit and what types of damages the surviving family can get.
Negligence
Negligence is the legal foundation of most personal injury claims. To win a negligence case in Florida, you must prove four elements:
- Duty of care refers to the legal obligation one person has to act reasonably toward others.
- Breach of duty occurs when someone fails to meet the standard of care required by law.
- Causation connects the breach of duty to the injury. You must show that the other party’s failure to act reasonably directly caused your harm.
- Damages refer to the actual harm you suffered as a result of the defendant’s negligence.
Damages in Personal Injury Claims
Damages in a personal injury case represent the compensation you may be entitled to recover. The type and amount of damages available depend on the facts of your case and the severity of your injuries. Florida law divides damages into three categories:
Economic Damages
Economic damages cover financial losses that can be calculated with documentation. This includes things like:
- Medical bills
- Lost wages
- Future treatment costs
- Property damage
Non-Economic Damages
Non-economic damages compensate you for losses that do not come with a price tag. Common examples are:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Punitive Damages
Punitive damages are awarded in cases where the defendant’s conduct was especially reckless or intentional. They are not meant to compensate the injured person but to punish the wrongdoer and deter similar behavior.
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Insurance and Claims Terms
When it comes to personal injury as defined by the law, a discussion of claims and legal definitions would not be complete without explaining the role of insurance. Insurance is a major factor in most personal injury cases. Before filing a lawsuit, most claims are settled by negotiating with insurance companies.
Here are a few crucial terms to know about your personal injury case:
- Liability insurance is coverage that pays for damages when the policyholder is found responsible for an accident.
- A settlement is a formal agreement between the injured party and the at-fault party or their insurer to resolve the claim for a specific amount of money.
- A demand letter is a formal written request sent to the at-fault party or their insurance company summarizing your injuries and the amount you are seeking to resolve the claim.
- The statute of limitations is the legal deadline for filing a claim. In Florida, most personal injury claims must be filed within two years of the date of the injury, per Florida Statute § 95.11.
Comparative Negligence
Florida law recognizes that more than one party can share responsibility for an accident. Under the modified comparative negligence regulation, you can recover damages as long as you were not more than 50% at fault for the accident. If you were 51% or more at fault, you are barred from recovering compensation.
Learn More About Claims and Legal Definitions in Personal Injury Matters
As defined by the law, a personal injury is one caused by the negligence of another party, and legal definitions such as statute of limitations and comparative negligence are important to understand.
If you have been hurt in an accident, our team at Blakeley Car Accident & Personal Injury Lawyers may be able to help. We have recovered more than $250 million for injured Floridians. Call today for your free consultation.
