Personal Injury Lawyers, Personal Injury Attorneys

Florida Personal Injury Attorneys

Locate Personal Injury Lawyers is the best resource on the Internet for locating Florida Personal Injury Attorneys. If you are looking for a competent, affordable and honest Florida Personal Injury Attorney, you have come to the right place. We have listings of the best Florida Personal Injury Attorneys.

Injured and unsure where to turn? A personal injury attorney in Florida can answer your questions and help you decide on your next steps.

Personal Injury Law in Florida

Personal injury litigation is subject to different regulations in every state.  To bring a case in Florida it is very important that you consult an experienced Florida personal injury lawyer, who can guide you through the states unique laws.

Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases.  A personal injury claim in Florida can arise from negligence or intentional wrongdoing.

In Florida you must prove four elements to win any negligence case: 
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages

In Florida personal injury lawsuits you can still recover damages.  Florida follows the doctrine of pure comparative negligence.  This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury.  Even if the plaintiffs negligence was 90% responsible for an accident, a defendant can still be required to pay 10% of the damages.

Florida law restricts the amount of economic damages that can be received from individual defendant.  Under Florida personal injury law a defendant who is less than 10% at fault cannot be held liable for damages.

If the plaintiff bears no fault for their injury the following limits apply:
A defendant who bears 10-25% of the blame can be held liable for no more than $500,000
A defendant who bears 25%-50% of the blame can be held liable for no more than $1,000,000
A defendant who bears more than 50% of the blame can be held liable for no more than $2,000,000

If the plaintiff is found to be partially responsible for their injury the following limits apply:
A defendant who bears 10-25% of the blame can be held liable for no more than $200,000
A defendant who bears 25%-50% of the blame can be held liable for no more than $500,000
A defendant who bears more than 50% of the blame can be held liable for no more than $1,000,000

In Florida you must prove that the defendant engaged in intentional misconduct or gross negligence to receive punitive damages.  Florida law limits punitive damages to $500,000 or three times the compensatory damages in most cases.  Punitive damages can be up to $2 million or four times compensatory damages if the defendant was motivated by unreasonable financial gain.  The limit on punitive damages does not apply in cases involving abuse of children or the elderly.  35% of punitive damages are paid to the state of Florida.

In Florida you have four years to file a personal injury lawsuit under the states statute of limitation.

If you are considering pursuing a claim in Florida you need the counsel of a personal injury attorney who understands the nuances of Florida law.  The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.

Florida personal injury law and famous personal injury cases in Florida

Personal Injury Law of Florida more or less revolves around torts - civil wrongs recognized by law as basis for a lawsuit. These wrongs result in an injury and sufficient grounds for a claim by the injured party. The basic principle of tort law is to give relief for the damages incurred by the injured person and discourage others from committing alike harms. An experienced personal injury lawyer in Florida can provide sufficient legal advice regarding the state law because the injured person has got the legal right to sue for damages he or she has endured.

Some general provisions of Florida personal injury law:

Personal injury law is a state law made through judges and by legislatures. There are three general types of torts that law recognizes:

A) intentional torts B) negligent torts, and C) torts based on strict liability.

Personal Injury Attorneys of Florida passionately pursue justice for those who are harmed. The law of Florida strictly say that if a plaintiff sues under the theory of strict liability, he or she claims that the defendant is liable regardless of fault. The issue of the defendant's negligence is immaterial.  The defendant is liable if the defendant's activity in any way caused the plaintiff's injury.

Other important provisions of Florida personal injury law:

There are three very important personal injury laws:

Medical and professional malpractice law which deals with unprofessional or unethical conduct by professionals. In the United States, medical malpractice lawsuits consist of majority of the malpractice lawsuits. Medical malpractice lawsuits can be exceptionally expensive to pursue, with costs often exceeding $100,000.00. An injured patient is well served if he goes with a competent medical and professional malpractice attorney of Florida.

The product liability law that provides the right to a person hurt by a defective product to sue manufacturer of the product. Manufacturers are strictly liable solely for defective products which cause injuries. Therefore, a threshold obligation for an injured plaintiff is to demonstrate a product to be defective. Exactly what comprise a defect remains imprecise, but courts agree and specialist defective products attorneys of Florida are of the opinion that there are three separate types of defects: manufacturing defects, design defects, and defects in warning.

Manufacturing defects happen when a product is not manufactured according to its design: a screw is forgotten, a protective cover is not properly fastened; somewhere a mistake occurs, and the product is still sent into the stream of commerce.

A product with a design defect may be decently manufactured, but the design itself is unsafe. Personal Injury Attorneys of Florida claim that manufacturers have a duty to safely design products for their intended use and for misuse, if such misuse is predictable. A very appropriate example is sited by a noted design defects claims lawyer of Florida. He says that a kitchen cleaning agent must be designed to safely clean countertops and stovetops, but it can be foreseen that a child can drink the product, so a manufacturer must design the product in such a manner that it is safe when drunk or should have a child-proof cap.

A defect in warning involves a manufacturer's failure to sufficiently instruct or warn a consumer about a product's dangers. According to opinion of manufacturing defects Attorneys of Florida, a consumer has the right to be properly instructed of any risk in using the product. Only then can he or she make an informed judgment as to whether, or in what way, to use a product. This obligation to warn includes products that have already been sold. If a manufacturer detects a product's potential hazards after the product has been introduced into the market, it's the duty of the manufacturer to warn those early consumers. Personal injury lawyers of Florida contend that manufacturer may even have to recall the product, as has happened in the automobile and processed food industries.

A prior warning is not required in product dangers that are "open and obvious". But what make up "open and obvious" is not strictly defined. Something that is obvious to one person may not be foreseeable to another. Consequently, some manufacturers will warn consumers about even remote risks so as to defend against potential lawsuits.

Transportation Law, which deals with automobile, maritime, railroad, and aviation accidents. According to automobile accidents statistics of 1994, there were 206,183 serious automobile accidents reported in Florida, resulting in 223,458 injuries and 2,722 deaths. Recognizing that accidents often lead to lawsuits, Florida adopted a no-fault insurance system in which insured persons receive payment for injuries or damages from their own insurance company regardless of who was at fault. According to the opinion of Florida's Transportation Law attorney a no-fault insurance enable persons to receive payment for most medical, disability, or death expenses quickly and without having to sue in court.

Under Florida's system, every person who operates a vehicle in Florida for more than 90 days must have what is known as "personal injury protection" (PIP) insurance. This insurance covers the insured, the insured's relatives living in the same household, anyone driving or riding in the insured's car, and anyone not in a motorized vehicle who is hurt as a result of the use of the insured's car. An eminent personal injury lawyer of Florida says that the degree of PIP coverage is: up to ten thousand dollars per person for (1) medical expenses; (2) lost income; (3) funeral, burial, or cremation costs. The insured has no personal obligation to the extent that PIP benefits are owed for an injury.

After receiving a PIP injury claim, an insurance company is obligated to send the claimant a “bill of rights' within a 21 days time limit. It's the duty of the insurance company to explain all the benefits the insured is entitled and how quickly the company will pay. The Florida Department of Insurance is authorized to fine insurance companies for delay in payment of benefits. If a person has a grievance with an insurance company for PIP benefits, he or she may demand mediation before going to court. A good personal injury lawyer of Florida can guide in the matter. The insured can also request in person for mediation by contacting the Department of Insurance by calling (800) 342-2762.

It is significant to note that no-fault insurance does not forestall a person at fault in an automobile accident from being sued. A specialist transportation law attorney of Florida can represent the effected person in any of the following injuries, and the person responsible for causing such injuries can be sued for tort damages in court:

  • Substantial or permanent loss of an important bodily function
  • Injury that is permanent within a fair degree of medical certainty
  • Permanent scarring or disfigurement
  • Death

Suggested Florida Personal Injury Attorneys
Personal Injury Lawyers Directory
Personal injury lawyers and resources - medical malpractice attorneys, wrongful death/wrecks, aviation and accident resources, diet drug data. A great choice for Florida personal injury lawyer seekers.

Dell & Schaefer P.A
Get free consultation and an assurance of "no fees or costs unless you win". A great choice for Florida personal injury lawyer seekers.

Florida Legal Referral Services
  • Attorneys' Certified Referral Service, Inc. Largo, FL (727)585-3750 (813)855-2602 Pinellas, Hillsborough, Pasco, Polk and Hernando Counties
  • Orange County Bar Association Orlando, FL (407)422-4537 Orange, Seminole and Osceola Counties

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