A personal injury is defined as someone harming another person's body, mind, or emotions and does not include any damage to property or finances. Personal injury cases may be caused by various types of accidents, including ones due to product defects or medical negligence. At the Law Offices of Smith & Kurbatova, we want to help you get the compensation you deserve. If you have suffered due to someone else's carelessness, contact our Casselberry office for a consultation, and one of our attorneys will evaluate your case.
In a personal injury case, damages are the extent of injury or loss suffered due to another's negligence. This can refer to financial loss and non-financial loss, meaning physical and mental pain. Some of the losses Florida law considers to be damages include:
- Medical bills, rehabilitation, and medication costs
- Loss of wages and future earnings
- Property damage
- Costs of accommodations to disability (ex. Remodeling home, hiring housekeeper, etc.)
- Pain and suffering
- Psychological stress and mental anguish
- Loss of consortium (i.e. loss of family relationships)
Liability refers to how responsible someone is for the injury in question. Although typically liability is used in reference to the person responsible for the accident, Florida has a Comparative Negligence Law that considers if the person injured is partly liable for the accident. Due to this law, the amount of compensation you're entitled to decreases proportionally to your percentage of fault.
Creating a strong personal injury case thus requires consideration and balance of both damages and liability. Our Orlando attorneys have a thorough understanding of Florida's laws and know how to best represent your case based on its unique circumstances.
LIMITATIONS IN FLORIDA'S PERSONAL INJURY LAWS
One important component to note in Florida's personal injury laws is the statute of limitations, which refers to the period of time by which you must file a personal injury claim. In Florida, the statute of limitation is four years after the date of the accident. After four years, you no longer have the right to file a claim.
Another factor that may affect your case is Florida's status as a "no-fault state," which negates fault in a car accident so that each person's car insurance is responsible for paying the injuries and damages resulting from the incident. This makes it difficult to file a personal injury lawsuit from a car accident in Florida, the exception being if the injuries suffered are significant and permanent. Contact the Law Offices of Smith & Kurbatova for a consultation with one of our Central Florida attorneys, who can help determine if you are eligible for a personal injury case.