What is personal injury?
A personal injury is an injury to an individual that occurred due to another person or entity’s negligence or harmful act or failure to act. The following are some of the more common personal injuries that result in litigation: Auto accidents, injuries due to dangerous or defective products, slip and fall accidents (premises liability), dog or other animal bites, medical malpractice, construction accidents, injuries due to dangerous or improperly labeled medications, nursing home abuse.
What is the time limit to file a personal injury lawsuit in Florida?
Statutes of limitations differ from one state to another. The statute of limitations for personal injury in Florida is four years. For wrongful death cases, it is two years from the date of death.
What type of compensation may I recover if I suffer a personal injury?
Every case is different and the amount that can be recovered varies according to the specific circumstances of each case. Generally, the following damages are recoverable:
- current and future medical bills
- lost income
- pain & suffering
- physical or mental disability
- scarring or disfigurement
- property damage
In some circumstances, if the injury was intentional, punitive or exemplary damages may be awarded at trial.
What is the difference between compensatory and punitive damages?
When someone is injured due to another’s negligence, compensatory or "actual" damages may be available to compensate the injured person for actual losses, such as medical bills and property damage. Punitive or exemplary damages can be awarded to punish a wrongdoer for their intentional or reckless conduct that caused injury or loss to another. In most states, there is a cap on the amount of punitive damages that may be awarded.
What is pure comparative negligence and how is it used in Florida?
Florida is a state that follows the doctrine of comparative negligence (sometimes referred to as comparative fault). When this doctrine is followed in a personal injury case, the compensation awarded to the injured person is based on the amount of fault attributed to the injured as compared to the amount of fault attributed to the defendant. In other words, if a plaintiff was 20% at fault when he or she sustained an injury, damages awarded from the defendant/wrongdoer will be reduced by 20%.
What is nursing home neglect?
Unfortunately, it is a sad reality that many nursing homes, in order to maximize profits, are understaffed and the staff they employ are not properly investigated. This can result in inadequate care of the elderly. In Florida, there are laws designed to protect our seniors. These laws encourage victims of nursing home abuse or neglect to take legal recourse against such negligent facilities. Some signs of nursing home abuse include: weight loss, bed sores, bruises, depression, heavy sedation and other unexplained injuries.