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Five Facts About Florida’s Personal Injury Law You Should Know: Insights from a Personal Injury Lawyer in Mulberry, Florida

Personal Injury Lawyer in Mulberry, Florida

Many people’s first encounter with Florida’s personal injury law usually occurs unexpectedly, right after an injury occurs. When healing from your injuries, trying to understand the legal terms, laws, and court procedures can be overwhelming.

This is where an experienced personal injury lawyer in Mulberry, Florida can help. Below, we will share five facts about Florida’s personal injury law that we think are important for residents of the Sunshine State to know.

1: No-fault laws don’t absolve anyone from liability in a car accident.

The personal injury protection (or “PIP”) coverage that every registered vehicle in Florida must have covers up to $10,000 in medical bills and lost wages after an accident, which is paid regardless of fault.

But this $10,000 is usually insufficient to cover everything after a serious accident. If your injuries are serious and you need more money than what PIP offers, you can file a personal injury claim against the at-fault driver.

It’s important to keep this in mind, because the average economic cost of a car accident is much higher than $10,000.

2: There’s a time limit for filing a personal injury claim in Florida.

Until 2023, you had up to four years from the day you got injured to start a personal injury lawsuit. But now, you only have two years to do this.

Four years sounds like it’s long enough, but it’s not that much time in the grand scheme of things. Starting your lawsuit early gives your personal injury lawyer in Mulberry, Florida plenty of time to work on your case, including talking with the insurance company and, if needed, taking your case to court.

3: Florida uses modified comparative negligence rules.

Before 2023, you could sue for damages in Florida even if you were almost entirely (99%) at fault for what happened. This was generous and meant that virtually anyone could try to get some compensation after an accident, even if they were mostly at fault.

But now, if the court decides you are more than 50% at fault, you can’t win any money in a lawsuit. And because of this new rule, it’s imperative to have a knowledgeable personal injury lawyer in Mulberry, Florida by your side who can prove that you were less at fault than the other person. 

4: Personal injury lawyers are paid on a contingency fee basis.

In the State of Florida, personal injury lawyers only get paid if you win your case. They take an agreed-upon percentage of the money you win as their payment.

This arrangement can be helpful because it means you don’t need much money to file your case. Your lawyer takes the risk with you and will only agree to take your case if they think you have a good chance of winning. 

5: Punitive damages are not the norm in Florida personal injury cases.

Punitive damages are special penalties the court can order the wrongdoer to pay. They are meant to punish the person for their negligence and to stop others from doing the same thing.

However, punitive damages are not common in personal injury cases. They are usually only reserved for cases involving gross negligence or intentional wrongdoing, like those involving drunk driving. Even in those cases, there is a limit to how much the court will order for punitive damages — up to $500,000 or 3 times the amount of compensatory damages, whichever is more.

Looking for a Personal Injury Lawyer in Mulberry, Florida?

Are you thinking about filing a personal injury claim? Ready to partner with an experienced personal injury lawyer in Mulberry, Florida who can guide you through the process? If so, look no further than Tonya Stewart and her legal team at Tonya Stewart Law PA. Contact us today at (863) 279-4473 to schedule a free consultation.