Florida personal injury lawyers practice in the field of tort law. Tort law comprises litigation involving the injury of one individual, or his property, due to the harmful acts of another. There are generally three types of personal injury actions that a Florida personal injury lawyer will represent you in. These are intentional torts, negligent torts, and strict liability actions.
For a personal injury action in Florida to stand the Florida personal injury lawyer must prove 4 elements: (1) that the defendant had a duty to the plaintiff; (2) that the defendant breached that duty; (3) the breach of duty was the proximate and actual cause of the injury; (4) the injury resulted in damages.
Strict liability cases work a little differently. Strict liability cases presume that the defendant was negligent and liable because of the nature of their actions. This can be proven by the Florida personal injury lawyer by showing that 4 elements are met: (1) the defendant had an “absolute duty” to make his, or her, activity or product safe; (2) that duty was breached; (3) the breach of duty was the proximate cause of the injury; (4) there was an injury resulting in damages. Because it is presumed that the injury was the fault of the defendant’s breach of duty to keep the hazardous condition safe, fault is not a relevant factor. Strict liability is usually the cause of action when involving product defects, ultra hazardous activities, animal attacks. When your Florida personal injury lawyer decides to proceed on a strict liability claim it will usually be in conjunction with a cause of action for negligence. When the opportunity arises, your Florida personal injury lawyer is permitted by law, and should, file both a negligence cause of action and a strict liability action. In many cases, not to do so could be considered malpractice.
A Florida Personal Injury Lawyer is best equipped to handle your personal injury action. Florida’s laws concerning personal injury is quite different from personal injury actions in other states and you will want a Florida personal injury lawyer who has experience practicing in the State of Florida to represent you. Some of the distinctions of Florida personal injury law that differ from other states in the Union include:
1. Florida is a “pure comparative negligence” state. This means that each party in a Florida civil action for personal injury will be liable for their percentage of fault. This applies no matter what the fault of the plaintiff is. For example, if plaintiff is found to have $100,000 worth of damages and the defendant is found to be only 10% at fault he will still be liable for $10,000 in damages. This applies even if the plaintiff is found to be over %50 negligent.
2. Florida has a Dram shop statute that hold those individuals who sell, furnish, or give alcohol to minors to be liable for any injury to person or property that results from that minor’s intoxication.
3. Florida recognizes Joint & Several liability. That means that if there are more than one defendant the plaintiff can recover damages from each tortfeasor in a personal injury action in any way he wishes. For example, if tortfeasor 1 is only 10% at fault and tortfeasor 2 is 90% at fault the plaintiff can still collect 100% of his damages from tortfeasor 1. This usually applies when one of the tortfeasors is insolvent or a corporation with deep pockets.
4. Personal injury lawsuits in Florida have a longer statute of limitations than most other states. The statute of limitations in Florida is 4 years.
5. For Medical Malpractice cases Florida has a 2 year statute of limitations from the date that the malpractice was discovered, or should have been discovered. The period may not last longer than 4 years.
6. There is no Joint & Several liability for medical malpractice
7. There exists “corporate vicarious liability” for hospitals when a non-employee physician is sued for medical malpractice resulting from treating a patient inside that hospital and using that hospital’s medical staff.
8. Florida sets caps of punitive damages for medical malpractice at 3 times the compensatory damages.
9. Florida recognizes the collateral source rule where a individuals damage award will be reduced by the amount of money paid for by the individuals insurance.
10. Florida has reciprocity for lawyers with 33 other states. However, it does not have reciprocity with New York, New Jersey, California, or Maryland. The policy behind this is to protect Florida’s lawyers from having to compete with foreign lawyers from other states who come to Florida to retire.
Why do I need a Florida personal injury lawyer?
There are many reasons why you would want a Florida personal injury lawyer. First, is peace of mind. When you know you have a knowledgeable and competent Florida personal injury lawyer on your side then it makes the stress of dealing with litigation much easier so that you can focus on recovering from your injury.
You will also want a Florida personal injury lawyer because a Florida personal injury lawyer will be best equipped to file complaints, answer pleadings, decide on legal strategies, negotiate settlements and get you the highest money award possible.
Florida law is quite different from other states. They have their own procedural and substantive laws, as well as common law. For that reason you cannot retain a lawyer who practices primarily in another state. Florida personal injury lawyers are your best shot at getting the medical costs, lost work, pain and suffering and other money that you need to go on with your life.
Be wary of the experience of Florida personal injury lawyers. Florida is the retirement capitol of the United States and just because a Florida personal injury lawyer looks like he has been practicing law for decades does not mean that he has been practicing in Florida. Many lawyers retire down to Florida and then decide to get barred in the State and practice from time to time. If you don’t pay attention you may get a Florida personal injury lawyer in his 60’s who, unbeknownst to you, has never gone to trial in the state of Florida.
Where do I find a Florida personal injury lawyer?
If you live in Florida and you have suffered a personal injury you will have many options in finding a Florida personal injury lawyer. Almost all law firms have websites that can be easily accessed through a rudimentary internet search. These websites will often give detailed descriptions of the Florida personal injury lawyer’s education, certificates, areas of practice, and results that they have attained through representing clients. However, these websites are “advertisements” in that they are designed to best represent the lawyer and should not be taken completely by their word.
If you feel that the search for a Florida persona injury lawyer is overwhelming, or you don’t have the time to make a detailed search then you may want to take advantage of a referral service. The Florida Bar Association operates a referral service at www.floridabar.org. The service is free to use and can be very helpful in retaining Florida personal injury lawyers. When accessing the referral service you will be prompted to input data into the required fields. Once that is done someone from the Florida Bar Association will contact you to refer you to Florida personal injury lawyers in your area that will be helpful. There is no cost for the referral but the Florida personal injury lawyer that you are referred to may charge $25 for a half hour consultation.
Laws.com also has a valuable referral service. By going to the top of this page and clicking on the “find a lawyer” link you will be able to access the laws.com referral service. By inputting your name, location, contact information, and a brief description of your legal problem laws.com will be able to put you in touch with Florida personal injury lawyers in you area that will help you.
