Injured person being carried off by medical personnel after an accident - Port St. Lucie injury attorney Todd C. Passman

Understanding Florida Personal Injury Law

If you’re a resident of Port St. Lucie and have been injured due to someone else’s negligence, it’s vital to understand Florida’s personal injury laws. These laws are designed to protect individuals harmed due to another party’s negligence or intentional actions. The Law Office of Todd C. Passman, your Port St. Lucie injury attorney, is dedicated to applying its decades of experience to ensure you receive the compensation you deserve. This allows you to focus on your healing and recovery.

Florida Personal Injury Law 101

In Florida, there is a fixed period during which you can file a lawsuit if you’ve suffered personal injury, known as the statute of limitations. The general period for bringing an action for personal injury is two years from the date of the injury, with exceptions to this rule. If you’re injured in a car accident on Port St. Lucie Boulevard or experience a slip and fall at the Port St. Lucie Botanical Gardens, you generally have two years to file a lawsuit. However, for medical malpractice cases, such as a surgical error at St. Lucie Medical Center, the limit is two years from when you discovered (or should have discovered) the injury. It’s vital to seek legal consultation if some time has passed since you were injured to avoid forfeiting your claims.

No-Fault Auto Insurance

Florida operates as a “no-fault” state for auto insurance. This means that after a car accident, your Personal Injury Protection (PIP) insurance covers your medical expenses and lost wages up to your policy limits, regardless of who was at fault. Your PIP insurance covers the first $10,000 of your medical expenses and lost wages. However, if your injuries are severe (e.g., significant scarring or loss of bodily function), you can step outside this no-fault system and sue the at-fault driver.

Comparative Negligence

Florida operates under a “modified comparative negligence” system in personal injury cases. This means that if you file a personal injury claim and it’s determined that you were partially at fault due to carelessness or negligence, any compensation you receive for your injuries will be reduced proportionally. For instance, if a jury finds your actions contributed 10% to the accident, your compensation will be reduced by 10%. However, an injured party can only recover damages from an at-fault party as long as they are 50% or less responsible for their injuries. If they are found to be more than 50% at fault, they are barred from recovering any damages.

Navigating comparative negligence can be complex, but as an experienced Florida personal injury law firm, we’re here to clarify how it applies to your situation. Our role is to meticulously gather and analyze evidence to mitigate any claims of comparative negligence against you.

Premises Liability

Property owners in Florida have a duty to maintain their premises in a reasonably safe condition, including businesses, homeowners in the community, and the City of Port St. Lucie for public spaces like Riverwalk Boardwalk. If the City fails to do so and you’re injured as a result, perhaps by tripping and falling on a cracked or poorly maintained sidewalk or public space, you may have a valid premises liability claim. You need to prove that the property owner knew or should have known about the dangerous condition and failed to address it. However, the comparative negligence rule applies, so your compensation might be reduced if you were texting while walking.

Dog Bite Liability

Florida has a strict liability statute for dog bites. If a dog bites you, the owner is liable for your injuries, even if the dog has never shown aggression. The “one bite rule” is a myth and has no place in Florida’s personal injury law.

Your Port St. Lucie Injury Attorney – We’re Here to Help

Understanding Florida’s personal injury laws are crucial if you’ve been injured. From the state’s no-fault auto insurance system to its pure comparative negligence rule, these laws significantly impact your rights and potential compensation. At the Law Office of Todd C. Passman, your Port St. Lucie injury attorney, our team is here to stand by your side. Together, we can navigate this challenging time and work towards a favorable resolution.

If you, a family member, or a friend have suffered a personal injury in Florida or have questions, please contact Todd C. Passman today at (772) 465-9806 or fill out the contact form on this page. Someone from our office will contact you right away.