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Every state has laws that can affect an injured person’s ability to file a personal injury claim. Florida has a statute of limitations and comparative negligence laws.

Statute of Limitations

A personal injury lawsuit must be filed within four years from the date of the accident under Florida’s statute of limitations laws. (95.11(3)) Should a case not be filed within this time limit, the court may refuse to hear it. Although rare, lawsuit-filing time could be extended should the injured person not discover that he/she was actually injured until sometime after the incident. These statutes of limitations apply to almost all personal injury cases with the exception of medical malpractice.

Comparative Negligence Law

The comparative negligence law covers cases when it is determined that the injured person may be partially at fault for his/her injuries or the severity of the injuries. The amount of compensation the injured person can receive may be diminished. In Florida this is called the “pure comparative negligence rule.” This rule covers the amount of compensation the injured person may receive. Compensation is reduced by the amount that is equal to the percentage of fault in an accident.

An example of the application of this rule could be a driver who does not stop at a stop sign causing a crash with another vehicle. If the injured driver in the other vehicle was driving over the speed limit at the time he/she was hit, he/she may share 10 percent of the blame. When damages are assessed, say $10,000, Florida’s comparative negligence rule reduces the assessment by 10 percent, or $1,000.

“It is extremely important to seek medical attention first after an accident, then contact our experienced legal team. Not only does the statute of limitations affect a case filing, but evidence, witnesses and memories disappear making a case more difficult to pursue,” said Randall Spivey, Fort Myers Personal Injury Lawyer at Spivey Law Firm, Personal Injury Attorneys, P.A.

Evidence collection can show who caused the accident and the damages as a result of the accident. Cell phone cameras are usually handy devices for taking photos.

Before memories are lost, everything that happened before, during and after the accident is important. Things like medical bills, hospital visits, lost work time or wages should be documented.

Gathering contact information of any witnesses will help in the case. After getting this information, it should be confirmed with a follow-up phone call.

Take notes about any other conversations you may have with other people involved in the accident.

Fort Myers Personal Injury Lawyer, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.