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Auto Accident Personal Injury Law in Florida

Posted by John Moore | Apr 19, 2018 | 0 Comments

The effect of a car crash can be both devastating and life changing; it can be said to be the most traumatic experience any human can go through in life. Brevard County has one of the highest car accidents in the state of Florida because of the volume of traffic.

This makes the need for personal injury attorneys in Florida a necessity for residents in the state.

Below are some important laws on auto accidents Florida citizens should acquaint themselves with.

Deadline for filing an injury lawsuit in the state of Florida

The court of Florida gives citizens a limited time window to file their lawsuit against the individual or business responsible for the sustained personal injuries.

The statute limitation specific to car crashes in the Florida Statutes section 95.11(3) gives up to 4 years from when an accident occurred to file a lawsuit.

If nothing is done beyond this period, the courts will have no choice but to pay no more attention to the case.

Comparative Negligence Law in the State of Florida

There are situations where the individual may not realize they sustained an injury until after the 4 years has elapsed. A knowledgeable personal injury lawyer in Florida can compel Florida courts to extend the lawsuit even though it's been closed.

Cases exist when individuals liable for a personal injury sustained during an accidents refuses liability of the incident but blames the victim. A situation such as this involves intervention by the courts because both parties might share different degree of liability for the accident.

The Florida Comparative Negligence Law covers this situation and states the amount each party is entitled to receive during settlement in accordance to the decided liability percentage distributed amongst the involved parties.

Take for instance a situation where Mr. A is driving above the required speed limit, and Mr. B also being a driver disregards the traffic light even when it flashes red, when an accident occurs between both parties, the Florida court will settle the case by giving Mr. A a 10 percent share of the blame while handing out to the other party a 90 percent share of the blame. The both parties involved will then be made to pay a fee equal to their percentage share of blame.

No-fault Car Insurance Laws in the State of Florida

The No-fault Car Insurance Law is another law existing for road users in the state of Florida. Personal injury attorneys in Florida can apply this law in all car crash cases and it states that after an accident, the injured individual's insurance policy  a.k.a personal injury protection coverage will be the only means of compensation for out of pocket expenses.

Majority of accidents will fall under the no-fault category until proven otherwise. In the case where injuries sustained from an accident are severe, the sufferer can leave the no-fault system and file a liability against the party solely responsible for the accident. Only in such situations where a certain claim meets the serious injury threshold will the court of Florida allow one file a heavy lawsuit against an offender in an auto accident situation.

About the Author

John Moore

John Vernon Moore was born and raised in Melbourne, Florida where he graduated in only 3 years as magna cum laude with a major in Political Science and minor in Biomedical Science from the University of South Florida, Tampa, Florida. John is also a graduate from the University of South Florida's ...

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A Melbourne, Florida, personal injury law firm serving communities such as Titusville, Cape Canaveral, Mims, Palm Bay, Cocoa, Viera, Suntree, Cocoa Beach, Indian Harbour Beach, Daytona Beach, Orlando, Sebastian, Vero Beach, Fort Pierce, Port St. Lucie, Satellite Beach, and Rockledge. Counties to include: Brevard County - Indian River County - Osceola County - Volusia County - St. Lucie County - Orange County

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