Florida Personal Injury Lawyer
Dealing with insurance companies, medical bills, and loss of income after a careless person has severely injured you can be confusing and overwhelming. When you hire our experienced Florida personal injury attorneys at Farah & Farah, you won’t have to go through this process alone. We will help you get through this difficult time and fight for you to receive the compensation you deserve.
If you’ve been injured because of someone else’s carelessness, you may be entitled to recover financial compensation for your pain, suffering, lost wages, medical expenses, and more. Our Florida personal injury lawyers will meet with you for free to determine how we may be able to help. Contact us now to schedule your free consultation.
Handling Florida Personal Injury Cases for More Than 40 Years
We are Florida natives with a commitment to always put clients first. With over 40 years of experience standing up to large insurance companies, we have never wavered from our client-centric approach, which means you can count on the following when you hire our passionate and skilled Florida personal injury lawyers:
- We will work as a team to get you the compensation you deserve.
- We have an open-door policy, so you can always reach your legal team.
- We will treat you with respect, dignity, and honesty.
- We will help you find the resources you need to help you recover and cope with your injuries during this difficult time.
We live and work in the same communities as our clients, and this helps us provide the best legal representation possible.
Our Personal Injury Attorneys Serve Families Across Florida
No matter where you were injured in the state, you can count on our personal injury lawyers in Florida to be there when you need us. We started as a small personal injury law firm in Jacksonville and expanded throughout Florida. We have offices throughout the state, but you don’t have to travel to our offices to work with us.
In Northeast Florida, we have offices in downtown Jacksonville, Jacksonville Beach, Orange Park, St. Augustine, and Yulee. We can come to you if you are in any of the following locations in Northeast Florida:
- Fernandina Beach
- Nassau Village-Ratliff
- Hillard
- Callahan
- Mayport
- Atlantic Beach
- Neptune Beach
- Ponte Vedra Beach
In North Central Florida, we have offices in Gainesville, Lake City, and Ocala, but our Lake City injury lawyers can meet you anywhere in Columbia County, including Watertown, Five Points, and Fort White. Our Ocala and Gainesville personal injury lawyers can also meet you in any of the surrounding areas.
Our Daytona Beach personal injury lawyers, DeLand personal injury lawyers, and Melbourne personal injury lawyers can help you anywhere in East-Central Florida, including all locations in Brevard County, such as Palm Bay, Titusville, Merritt Island, Rockledge, and Cocoa.
Our Orlando personal injury attorneys can meet you wherever you are in Central Florida. If you live in Southwest Florida, our Cape Coral personal injury lawyers, Fort Myers personal injury lawyers, and Sarasota injury lawyers have your back from Manatee to Sanibel Island and anywhere in between.
What Our Clients Say about Working with Our Florida Injury Lawyers
“Jeff Snyder did a great job representing me! He really fought for me and got me way more than expected for my car accident settlement! I couldn’t have asked for a better outcome. Highly recommended!”
– Alimarie C. of Ocala
“I would recommend Farah &Farah. Andrew Miller is a bulldog and is super good at what he does. His paralegal assistant Claire is also awesome! She is always quick to respond. My case was also handled by John Thomas and he knows his stuff when it comes to trucking accidents. Highly recommended as well. I’ve won my case and now my sons are set for life. I’m very happy with the choice I made!”
– Jay H. of Jacksonville
“Workers comp in Florida is confusing and horrible but Thanks to Farah & Farah, my attorney Whitney Byrd and her assistant Melissa, I was able to get what I deserved. Thank you.”
– Sabrina D. of Fort Myers
Our Successful Results Make All the Difference for Our Clients in Florida
We have won more than $2 billion in settlements and verdicts for our clients in Florida and Georgia. We get results through caring, understanding, and hard work. Below are a few examples of recent personal injury results we have obtained for our clients:
- $5 million for the victim of a brain injury caused by medical malpractice in a hospital emergency room.
- $2.7 million for the family of a man killed on a fishing boat when spill gates on a dam opened.
- $2.5 million car accident verdict for a young woman who suffered severe neck injuries and required pain management.
- $2 million big truck verdict for a 47-year-old man who sustained shoulder, neck, and back injuries when a tractor-trailer rear-ended him.
- $1.7 million for a mechanic who was injured when a 20,000-pound sign collapsed on top of him.
- $1.5 million workers’ compensation recovery for the family of a mother who died from injuries caused by poorly maintained machinery.
- $756,000 for the family of a man who died due to negligence by the state of Florida.
- $750,000 recovery for a client who fell in a water puddle inside a large retail supercenter chain.
Call us today at 877-245-6707 to find out what our Florida personal injury lawyers can do for you.
Our Talented Personal Injury Attorneys in Florida Handle All Types of Personal Injury Cases
When hiring a personal injury law firm, it is important to ensure its lawyers have experience with your type of claim. You can count on our Florida personal injury attorneys to have the experience and skills necessary to get you the compensation you deserve, regardless of how you were injured.
Car Accidents
Our award-winning Florida car accident lawyers can help you recover compensation from your no-fault insurance, regardless of who was at fault for your accident, and if your injuries are severe, we can help you recover compensation from the at-fault driver’s insurance.
We’ll order a forensic investigation of your accident to determine who else may be liable. In many cases, we find that the fault lies with someone other than a driver. We have successfully held the following third parties liable for car accident injuries:
- Manufacturers of defective car parts.
- Negligent auto mechanics.
- Government entities that failed to maintain safe roads.
- Businesses that served excessive alcohol to the other driver.
- Employers who owned the vehicle or hired the driver.
- An owner of the vehicle, whether or not they were driving.
If you’ve been in a car accident anywhere in Florida, call our injury lawyers today at (877) 245-6707 to schedule a free consultation.
Truck Accidents
Founding partner Eddie Farah likens being struck by a large commercial truck to being hit by 20 cars at the same time. A tractor-trailer can weigh 80,000 pounds or more, while the average passenger vehicle typically weighs 4,000 pounds or less.
Truck accident claims are more complex than car accident claims because large companies are often liable. In fact, it is not unusual for our big truck accident lawyers in Florida to identify multiple large companies that share responsibility for damages in a truck accident. These can include the following:
- A trucking company that owns the truck or employs the driver.
- A company that loaded cargo with uneven weight distribution.
- A negligent truck mechanic.
- A manufacturer of defective tires, brakes, or other truck parts.
- A public entity that failed to maintain safe road conditions.
- A construction company that made the roads unsafe.
If you’ve been injured in a truck accident, our nationally recognized Florida truck accident lawyers will fearlessly stand up to large trucking companies on your behalf and fight for the compensation you deserve.
Motorcycle Accidents
Motorcycle riders are vulnerable roadway users that don’t have the benefit of an enclosed vehicle to protect them from the impacts of a crash. As a result, riders are more vulnerable to traumatic brain injuries, severe burns, leg injuries, and road rash.
You are not required to carry insurance in Florida as a motorcycle rider unless you ride without a helmet. In this case, you are required to carry at least $10,000 in MedPay insurance to cover your own injuries in the event of an accident.
While helmets are not required for riders over 21 in Florida, if you are injured in an accident while not wearing a helmet, the at-fault party’s insurance company could use it against you and claim that you caused your own injuries.
Motorcycle accidents are especially common in Florida in the following metropolitan areas:
- Jacksonville
- Tampa – St. Petersburg
- Orlando
- Daytona Beach
When you’ve been injured while riding your motorcycle because of someone else’s carelessness, you deserve compensation. We will fight for you whether or not you were wearing a helmet, and we will work to prove that your injuries were not your fault. Contact our Florida motorcycle accident attorneys now for a free case evaluation.
Boat Accidents
No matter how careful you are while boating, you can be seriously harmed when your fellow boaters fail to consider the safety of others. Common causes of boat accidents include the following:
- Excessive speed
- Inattentive boating
- Boating under the influence
- Lack of experience
Our experienced legal team will be there for you when you are in a boating accident in Florida. Whether you’re involved in an accident on a cruise ship, a personal boat, or even a jet ski because of someone else’s carelessness on the water, you can count on us to help you recover the compensation you deserve.
Our Florida boating attorneys recently won a $3.3 million verdict for a client who was injured when a pleasure boat struck a barge. Contact us today to find out how we can help with your boat accident claim.
Slips and Falls
Slip and fall claims are part of the category of law known as premises liability. Property owners owe visitors and customers a duty to maintain safe premises and remove slip, trip, and fall hazards in a reasonable amount of time.
When you fall on someone’s property, you can hold a property owner liable for your injuries if you can prove that the owner was negligent. Common causes of slips and falls include wet floors, poorly maintained stairs and steps, poorly maintained sidewalks, trip hazards, and poor lighting.
Falls can be embarrassing, and it is common to blame yourself. Whether you fell in someone’s home, a place of business, or government property, don’t be afraid to contact our Florida slip and fall attorneys. Our team recently won a settlement for a client who initially thought she didn’t have a case. Below is an excerpt from her testimonial:
“I was paired with Andrew Scott. Little did I know how instrumental he would be in my life over the next 3 years. Andrew advocated for me in ways that I truly believe others would have given up or let ride…I got what I wanted and needed. Jessica DeLeon also helped a lot along the way. There’s no way I could have done the last three years alone. When it came down to it, we were able to settle as opposed to going to court which was my biggest fear.”
– Stephanie O. in Jacksonville
Work Zone Accidents
If you are injured at work, workers’ compensation will likely cover your injuries. Workers’ compensation in Florida provides partial wage replacement and medical care for job-related injuries.
Workers’ compensation is supposed to offer a straightforward process for quickly getting benefits when you are injured at work. Unfortunately, employers often fight workers’ compensation claims. That’s where our Florida workers’ compensation attorneys at Farah & Farah come in.
We have helped thousands of injured workers get the benefits they deserved when their employers said no. We can appeal a denial or file a workers’ compensation lawsuit, as is applicable in your case.
Can I Sue My Employer in Florida?
Florida workers’ compensation laws make it illegal for workers to sue employers who are covered by workers’ compensation, but our experienced personal injury lawyers can often find liable third parties who can be sued. This increases your available compensation.
Third parties who may be liable for injuries in a work zone include the following:
- The owner of the premises where your injury occurred.
- A motor vehicle driver if your work injury occurred on the roads.
- An equipment manufacturer or supplier.
- A contractor that maintains or repairs equipment.
Labor Law Violations
As one of the leading personal injury law firms in Florida, Farah & Farah is dedicated to protecting our clients’ rights and advocating for their best interests. This commitment extends not only to cases involving personal injury but also labor law violations. If you have experienced any form of mistreatment or discrimination in the workplace, our team of experienced attorneys will stand by your side and fight for justice on your behalf.
We understand that dealing with labor law disputes can be overwhelming and emotionally taxing. That’s why we approach every case with empathy and support while also maintaining an authoritative stance when it comes to advocating for your rights. Our goal is to ensure that you receive proper compensation for any damages.
Swimming Pool Accidents
Swimming pool accidents are another type of premises liability claim. Swimming pool injuries may be caused by unsafe chemicals, a lack of disinfection, slippery conditions around a pool, or a failure by a homeowner to prevent a small child from having unsupervised access to the pool.
When small children can access a pool without adult supervision, there is a risk of fatal drowning. Even if the child survives, a near-drowning can lead to brain and organ damage, resulting in lifelong disabilities. Call our offices today at (877) 245-6707 for a free consultation if you or your child has been injured in a swimming pool in Florida.
Medical Malpractice
Medical malpractice occurs when a doctor or other health care provider fails to provide a reasonable standard of care, and an injury results. Medical malpractice occurs in many forms, and our nationally recognized medical malpractice lawyers in Florida have helped with them all.
The most common forms of medical malpractice include the following:
- Emergency room errors
- Diagnostic errors
- Surgical errors
- Anesthesia errors
- Medication errors
- Birth injuries
Health care providers that may be liable for medical malpractice include doctors, hospitals, radiologists, nurses, pharmacists, midwives, and many others. Our experienced Florida legal team often identifies multiple health care providers who may be held liable in a single claim.
Nursing Home Abuse
Nursing home abuse and neglect are forms of medical malpractice that are shockingly common in Florida and throughout the United States. According to a study published by Cureus in 2021, 44 percent of nursing home residents surveyed had experienced abuse, and 95 percent had experienced or witnessed neglect.
Nursing home abuse may include physical assault, sexual abuse, financial exploitation, or emotional abuse. Nursing home neglect may lead to infections, bedsores, malnutrition, and elopement. Elopement occurs when a resident with dementia wanders away, often into unsafe surroundings.
Our nursing home abuse attorneys in Florida are passionate about stopping nursing home abuse and helping victimized older adults get justice against large nursing home companies that fail to provide adequate staffing because they care more about profits.
If you or your loved one has experienced nursing home abuse, we can help you put a stop to it and hold the nursing home accountable. Call us immediately at (877) 245-6707 to get help now.
Defective Products
Our defective products lawyers can help you file a claim against a manufacturer, distributor, or retailer if you have purchased a product that caused you harm. Unlike other types of personal injury claims, it is not necessary to prove negligence in defective product claims. You only have to prove that at least one of the following is true:
- The product has an inherently harmful design.
- The product is harmful because of a manufacturing defect.
- The manufacturer failed to provide adequate warnings and/or instructions.
Our Florida personal injury lawyers have handled defective product claims regarding such products as herbicides, children’s products, foods, tools, pharmaceutical drugs, and medical devices, among others. Contact us now if you have been harmed by a defective product.
Social Security Disability
We are committed to helping you access every resource available while waiting for your claim to resolve. We understand the financial challenges you face when you are confronted by large medical bills at a time when you are unable to work.
If your injuries are expected to cause disabilities that last longer than a year, our Florida Social Security Disability lawyers can help you apply for Social Security Disability (SSDI) or Supplemental Security Income (SSI). These programs provide monthly income when you have a disability that prevents you from working.
Wrongful Death
Our supportive and compassionate wrongful death lawyers in Florida can help you recover financial compensation when your family member’s life was tragically cut short because of someone’s carelessness. While we understand that no amount of money can replace a lost loved one, it can provide security and ease the financial burdens brought on by the death.
Proceeds in a wrongful death lawsuit are awarded to the surviving spouse, children, and next of kin. Our Florida wrongful death lawyers will do everything possible to support you and treat you like a part of our own family during this devastating time. Call us today at (877) 245-6707 for a free case review.
What Is the Top Cause of Personal Injuries in Florida?
According to the Florida Department of Health, the leading cause of unintentional injuries in Florida is drug poisoning, followed by falls, then motor vehicle accidents. Drug poisoning may occur as a result of medication errors by health care providers, which is a form of medical malpractice.
It is not surprising that falls are the second leading cause of unintentional injuries in Florida, given the state’s high senior population. According to the Centers for Disease Control & Prevention, falls are the leading cause of death in adults over the age of 65.
What Are Florida’s Personal Injury Laws?
Florida’s personal injury laws allow injured persons to seek compensation from individuals, businesses, and insurance companies who are legally responsible for their injuries. This is known as liability. Liability for personal injuries may stem from negligence, strict liability, or deliberate misconduct.
Florida’s Negligence Laws
When someone injures you because of negligence, you may be entitled to financial compensation if you can prove that all four elements of negligence occurred.
The first element is a duty of care. Every person who drives a motor vehicle, treats a patient, owns a property, or runs a business has the duty to exercise reasonable care to prevent others from being injured. A breach of this duty constitutes the second element of negligence.
The third element is that you must have suffered a physical injury that you can prove, often through medical and financial records. The fourth element of negligence is proof that the defendant’s breach of duty is the direct and proximate cause of your injury.
Proving all four elements may require medical records to show that you did not have the injury before the incident. It could require an accident reconstruction that can show how your injuries occurred. Our Florida personal injury attorneys can help you prove these four elements so you can recover the compensation you deserve.
What Happens If I’m at Fault For an Accident in Florida?
Don’t let a determination that you are at fault stop you from contacting our Florida legal team for the following reasons:
- You can be as much as 50 percent at fault for the accident and still recover financial compensation under Florida’s modified comparative negligence law.
- The initial determination of fault by law enforcement may be inaccurate.
If you are found partly at fault for the accident, your compensation will be reduced according to your percentage of fault. For example, if your share of the fault is 25 percent and your total damages are $100,000, you will be awarded $75,000 after your percentage of fault is deducted.
If you are more than 50% responsible, you cannot recover compensation from the at-fault party. However, you can still recover compensation from your own no-fault insurance.
What If the Police Say that the Accident Was My Fault?
You don’t have to accept law enforcement’s findings regarding fault. We work with top accident reconstructionists who can often uncover evidence that may exonerate you or at least reduce your percentage of fault.
Did you receive a traffic ticket in connection with the accident? Under Florida law, this is not admissible in court to prove fault. Law enforcement issues traffic tickets based on the evidence available at the time of the accident, often before completing a forensic analysis of the accident.
At Farah & Farah, we will use physical evidence, eyewitness reports, and a scientific accident reconstruction to identify the real underlying causes of your accident and prove that you are less than 51 percent at fault for the accident. In many cases, we have been able to completely clear our clients of fault.
Even if you think you may have been at fault, there is no way to know for sure without a forensic accident investigation, so you should never admit fault to anyone. Accidents happen quickly, and there may have been elements present that you were unaware of.
How Do Florida’s No-Fault Car Accident Laws Affect Personal Injury Claims?
When you’ve been in a car accident, the law requires you to file a claim against your own insurance, regardless of who was at fault. If your injuries are not severe, you cannot file a claim against the at-fault driver for your injuries.
However, Florida’s no-fault laws do not allow a careless person to get away with severely injuring you. You are permitted to file a claim against the at-fault driver and the driver’s insurance if your injuries meet the legal definition of severe, which is defined as follows:
- Significant, permanent loss of bodily functions, such as loss of cognitive functioning, loss of bowel or bladder control, or loss of use of a limb.
- Permanent injuries, such as spinal cord injuries that cause paralysis.
- Significant scarring, such as from severe burns, deep cuts, and skin tearing.
- Disfigurement, including amputations and damage to facial skin or bones.
- Death.
The at-fault party’s insurance company may attempt to minimize your injuries, but with the help of our team of forensic medical experts, we can overcome these tactics and ensure the insurance company pays fair and just compensation.
Process of a Personal Injury Claim In Florida
A personal injury claim involves multiple steps. We will walk you through the entire process from the beginning and ensure you stay informed of how your case is progressing until we get your final resolution.
Filing Your Insurance Claims
The first step in a personal injury claim is to file an insurance claim. If you’ve been in a motor vehicle accident, we will begin by filing a no-fault insurance claim, followed by insurance claims against the at-fault parties.
After you hire our personal injury attorneys in Florida, we will immediately contact all insurance companies that may owe you compensation to inform them of your accident and let them know we are handling your claim.
An insurance company may quickly offer a settlement for your damages, but this is generally a low-ball offer designed to lower your compensation. The insurance company hopes you will accept this premature offer before the true costs of your injuries become known. If you accept this offer, you will not be able to come back and ask for more after additional costs occur.
Our Investigation
We will investigate your accident and your injuries to determine the following:
- Who is at fault.
- Who the liable parties are.
- The severity of your injuries.
- Your present and future financial losses.
This will enable us to calculate your damages and gather the evidence needed to move forward with your claim.
Filing a Personal Injury Lawsuit in Florida
After calculating your damages, we will send a letter to the insurance companies and other responsible parties and request that they pay the amount we calculated. If they agree and cut the check, your case is resolved. Unfortunately, this is not typically what happens.
If the at-fault parties refuse to pay your full damages, we will file a personal injury lawsuit on your behalf and ask the court to award the full amount. This is when settlement negotiations, discovery, and other pre-trial processes begin.
Settlement Negotiations
Filing a lawsuit does not automatically mean your case will go to trial. It is possible to reach a settlement at any point before the trial begins or even after the trial has commenced, until the reading of the verdict by the jury.
Case Discovery
During settlement negotiations, the liable parties will likely demand evidence, such as your medical records and how we arrived at our determination of fault. After a lawsuit is filed, the court will likely grant a defendant’s request to access these records so the defendant has an opportunity to assert a defense.
This means the court could require us to turn over medical records and other information we found in our investigation. You may also be required to attend a deposition, which is an informal proceeding where you answer the defendant’s questions under oath.
You can count on our Florida personal injury lawyers to stand with you through every stage of the discovery process, ensure the defendant only has access to necessary information, and prepare you for your deposition. If a deposition is required, we will be by your side through it all.
Pre-Trial Motions
Large insurance companies use a variety of tactics to attempt to have personal injury cases dismissed. One of the most common tactics is a Daubert motion, which is a motion to have expert witnesses disqualified by the court. Our expert witnesses have impeccable reputations and credentials, and these motions rarely succeed.
Mediation
Mediation is an informal proceeding in which an impartial third party attempts to help both sides reach a mutual agreement. It is mandatory in all personal injury cases in Florida and must occur within 120 days of filing the lawsuit unless both parties agree to a different time frame.
In medical malpractice cases, you are required to attend a settlement conference with your attorney, the defendant, their attorneys, and any other parties with authority to settle your case. This must take place at least three weeks before the trial.
The goal of both mediation and settlement conferences is to reach a settlement without the necessity of a trial. Our personal injury attorneys in Florida are almost always successful in settling cases before the trial, which is usually in our clients’ best interests.
The Trial
If the at-fault parties and their insurance companies refuse to offer a fair and reasonable settlement, we will be well-prepared to take your case to trial. During the trial, one of our skilled Florida personal injury lawyers will present your evidence to a jury and rebut the defendant’s claims.
The jury will weigh the evidence and arrive at a verdict, which is a determination on whether the defendants are liable. If the jury decides in your favor, then it will deliberate again and come back with a second verdict, which will be a determination of how much compensation you will be awarded.
Where Do I File a Florida Personal Injury Lawsuit?
Florida has 67 county courts, one for each county, and 20 circuit courts. Each circuit court has jurisdiction over a small group of counties within a specific region. If you are asking for less than $50,000, you should file your injury claim with the county court where you live or where the incident occurred.
If you are asking for more than $50,000 in damages, you should file your claim in the circuit court that has jurisdiction over the area where you live or where the incident occurred. This is where we file most personal injury claims for our clients.
Florida Allows You to Recover a Wide Range of Damages
When you have been injured because of someone else’s deliberate misconduct or carelessness, you may be entitled to recover compensation for your financial losses and losses to your quality of life. These are known as economic and non-economic damages, respectively.
Economic Damages
Economic damages are compensation for your verifiable monetary losses, including your medical expenses, lost wages, loss of future earning capacity, and property damage.
When calculating your damages for loss of future earning capacity, our Florida personal injury lawyers will look at your wages before the incident and consider your likely career trajectory had the accident not occurred. We will then calculate how much you could have earned over the course of your lifetime.
We’ll compare this with how much you will be able to earn after the accident and use this information to calculate your lifetime lost income.
Florida recently enacted changes to personal injury laws. These laws now require you to disclose information that was previously considered private, making it harder to prove your medical damages. The at-fault party and their insurance company are now entitled to receive the following information:
- The amount your insurance paid for your medical care.
- The actual amount you already paid.
- Whether your attorney referred you to your doctor.
- Details about your attorney’s relationship with your doctor.
This makes it even more important to hire a lawyer with strong experience and a proven track record. Insurance companies and large corporations are hoping to use these reforms to reduce your award or discredit your doctor as a medical expert witness.
However, you are still entitled to recover your past, present, and future out-of-pocket medical expenses. These reforms will not stop our passionate and skilled Florida personal injury lawyers from continuing to negotiate for a fair and reasonable settlement based on all of your medical expenses.
Insurance companies throughout Florida are aware of our successful trial record. If they prefer to gamble on facing us in court instead of paying a fair settlement, we will be ready to prove that you deserve payment for all medical costs, regardless of what your insurance may or may not have covered.
Non-Economic Damages
Non-economic damages are compensation for losses to your quality of life that don’t necessarily carry a set price tag. These include such losses as the following:
- Pain and suffering – Physical pain and emotional distress that accompanies an injury.
- Loss of consortium – The loss of the love and affection of family members, including marital relations with a spouse.
- Loss of enjoyment of life – Long-term mental anguish and frustration caused by an inability to enjoy life activities as before.
- Disability – An inability to perform basic activities and care for your own needs.
This is not an all-inclusive list. Other examples of non-economic damages include scarring, disfigurement, humiliation, inconvenience, and loss of bodily functions.
Punitive Damages
Unlike economic and non-economic damages, punitive damages in Florida are not awarded for the purpose of compensating you for your injuries. Instead, they are awarded to punish the defendant when there is clear and convincing evidence of deliberate misconduct or gross negligence.
Gross negligence is an extreme and blatant disregard for the safety of others, such as in the case of drunk driving.
While there is no limit on the amount of economic and non-economic damages you can recover, Florida does limit punitive damages to three times the total of your economic and non-economic damages, or $500,000, whichever is greater.
What Kind of Damages Are Available after the Death of a Loved One?
In a wrongful death lawsuit in Florida, you may be able to recover the following damages in the death of a family member:
- Loss of your loved one’s support.
- Loss of your loved one’s companionship.
- Your loved one’s pain and suffering after the injury and before death.
- Loss of parental instruction and guidance.
- Pain and suffering because of the loss.
- Your family member’s medical expenses from the injury that led to death.
- Your loved one’s funeral and burial expenses.
- The salary or wages your loved one would likely have earned in their lifetime had they lived.
Deadlines For Filing Your Florida Personal Injury Case
Most personal injury cases in Florida must be filed within two years of the date of the incident. This includes motor vehicle accident, wrongful death, and medical malpractice lawsuits.
The statute of limitations is complex, and there are many exceptions. It is important not to wait to contact an experienced Florida personal injury lawyer after you have been injured. If the statute of limitations expires before your case is filed, you will lose your right to pursue compensation for your injuries.
Medical Malpractice Exceptions
In medical malpractice cases, there is an exception known as the discovery rule. Some types of medical malpractice are not discovered until months or even years after the error. This may include misdiagnosis, a foreign item being left behind during surgery, and other medical errors.
In these cases, you have two years from the date you discovered the injury to file your case, as long as your case is filed no later than four years after the health care provider committed the error. This four-year deadline is known as a statute of repose.
The statute of repose does not apply to birth injury cases, in which case you have eight years to bring a claim on behalf of the minor child. The statute of repose also does not apply when there is clear and convincing evidence that the liable health care provider attempted to cover up the error. This is known as fraudulent concealment.
Product Liability Claims Statute of Limitations
For product liability claims, the statute of limitations is the ending date of the expected useful life of the product or 12 years after the product was delivered to you, whichever is later.
Factors That Can Affect Your Florida Injury Lawsuit
The most important factors that affect the outcome of your personal injury lawsuit in Florida are as follows:
- Fault – If multiple parties contributed to your injury, this could increase the available compensation. If you are partly at fault for your injuries, this could decrease your compensation.
- Evidence – The stronger the evidence, the more likely the defendants are to settle. Stronger evidence also increases the likelihood of success if your case goes to trial. The strongest evidence is usually available shortly after your injuries occur.
- Injuries – More severe injuries result in higher financial losses and increased pain and suffering. This has the potential to increase the compensation you recover.
- Collectibility – The compensation you recover is limited to the available insurance, income, and assets of the responsible parties. This is why our legal team looks for multiple liable parties. We also look for additional insurance coverage you may have that you were unaware of.
- Age – Age can play a vital role in determining the value of your claim, especially in cases where injury permanency occurs. For example, an accident victim in their 20s who suffers a debilitating injury may receive more compensation than if someone in their 80s with the same injury. The reason is that the victim in their 20s will experience a longer period of pain and suffering, more income loss, and a more drastic drop in quality of life.
- Insurance Coverage – The at-fault party’s insurance coverage limits can affect your settlement amount because the insurance company will only pay a certain amount. You may file a personal lawsuit against the negligent party if your damages exceed the insurance limits. Your attorney can help advise how to pursue this situation if the at-fault person does not have the money to pay a large amount.
- Attorney – The attorney you choose to represent you in your Florida personal injury case can dramatically impact your outcome. Settlements are often larger when you choose an attorney with a successful track record and a willingness to go to trial. Our 40+ years of experience makes all the difference for our clients. Most defendants would rather settle than go against us in a trial, and we will not accept less than you deserve. Let us fight for you. Contact us today.
Frequently Asked Questions (FAQs)
The length of time to receive compensation will depend on what type of case it is, the weight of the evidence against the liable parties, the amount of compensation at stake, and the willingness of the insurance company to pay fair and reasonable compensation.
Most car accident cases settle within a few months, but complex cases like big truck accident cases, medical malpractice cases, and defective product claims involve large companies that often fight paying compensation and employ stall tactics.
A government entity in Florida can be held liable for negligence in the same way a private individual or company could. However, there are a few differences in the amount of compensation you can recover from a government entity.
- You cannot collect punitive damages or interest against a government entity in Florida.
- The maximum amount you can collect from a government agency for a single incident is $200,000.
- If multiple government agencies are liable for your injuries in a single incident, the maximum amount you can collect in total is $300,000.
It is possible to receive compensation that exceeds these amounts, but only if the liable government agency has insurance coverage that exceeds these amounts or you obtain approval from the state legislature.
These limitations do not apply if you were injured in a riot or unlawful assembly and law enforcement failed to respond appropriately.
Any action against a government entity must be brought in the county where it occurred. Before filing a lawsuit against a state agency, you must file a claim in writing to the Department of Financial Services, and your claim must be denied.
Most of our cases settle successfully without a trial, but occasionally a defendant will refuse to do the right thing, no matter how strong the evidence against them or how skillfully we negotiate. In these cases, your testimony may be required at trial. However, we will spend as much time with you as needed to prepare you for trial and make the process as easy as possible.
Our Florida personal injury lawyers start preparing for settlement negotiations ahead of time by investigating your accident and the extent of your injuries. During our investigation, we will gather as much evidence as possible to prove the following:
- The fault of the defendants.
- The severity of your injuries.
- The duty of care that the defendant breached.
When settlement negotiations commence, we will present this evidence. If the defendants see that the evidence is so overwhelming that they likely could not overcome it in a trial, they will likely make an offer. The initial offer may not be fair or reasonable, so we will counter with the amount you deserve.
The defendants may attempt to minimize your pain and suffering or try to ascribe some level of fault to you during the negotiations. These are tactics to reduce the amount they must pay. We will not be persuaded to accept a lower offer because of these tactics.
If the defendants refuse to be reasonable in the face of strong evidence, we will fearlessly go to trial. In many cases, the defendants will relent and agree to pay the amount we demand before the trial begins.
Contact Us Today to Start Your Florida Personal Injury Claim
At Farah & Farah, nothing is more important to us than meeting our clients’ needs and getting them the compensation they deserve. There are no upfront costs to hire our lawyers, and if we don’t win, you don’t pay.
Never settle for less. Call our nationally recognized Florida personal injury lawyers today at (877) 245-6707 for your free consultation.
We have personal injury offices in Jacksonville Beach, Middleburg, Lake City, and other areas throughout Florida and are fully prepared to extend our services to those injured through no fault of their own.
Handling Florida Personal Injury Cases for More Than 40 Years
Our Personal Injury Attorneys Serve Families Across Florida
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Our Talented Personal Injury Attorneys in Florida Handle All Types of Personal Injury Cases
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What Happens If I’m at Fault For an Accident in Florida?
Process of a Personal Injury Claim In Florida
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Factors That Can Affect Your Florida Injury Lawsuit
Frequently Asked Questions (FAQs)
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