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Florida Personal Injury

Florida Personal Injury Laws

In This Section:

Below are the most covered topics regarding personal injury law in Florida; damage caps, how insurance is handled, and more. If your case or claim needs more attention and information please contact one of our experienced Florida injury lawyers for a free case evaluation.

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Florida Statute of Limitations

(How long do I have to file my claim in Florida?)
Well, that all depends on your claim. For product liability cases and general personal injury cases you have 4 years. The statute of limitations for medical malpractice cases in Florida is 2 years from discovery date but no longer than 4 years from the instance that caused the injury.

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Car Accident in Florida?
Florida is a No-Fault State

Fault and No Fault rules apply to car accident claims. In Florida you can only file for serious injuries and you collect from your "own" insurance company for medical bills, income lost, etc.

Florida is a Pure Comparative Negligence State

This means that insurances compare who is at fault, by how much they are at fault, and pays accordingly. If you are at fault for 50% of the accident or injuries then damages can be adjusted accordingly.

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What about Damage Caps in Florida Law?

(How much could I possibly I get?)
Damage caps refer to medical negligence or malpractice. In Florida, for practitioners, there is a $500k damage cap for non economic damges causing wrongful death or injuries from medical negligence. There are rare cases where the damage cap could increase up to $1 million. For non-practitioners the Florida damage cap goes up to $750,000 and $1.5 for rare cases.

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