Accident With Injury In Florida
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Florida's 51% bar rule is a legal principle that falls under the broader concept of comparative negligence. This rule states that a person can recover damages in a personal injury case as long as they are not more than 51% at fault for the incident.
Florida law allows personal injury victims to pursue economic, non-economic, and punitive damages. Economic damages include medical bills, lost wages, and other financial harms, while non-economic damages cover intangible losses, such as pain and suffering.
As of March 24, 2023, Florida's statute of limitations for negligence claims, including those arising from car accidents, has been reduced from four years to two years. This legislative change mandates that victims of car accidents must file their negligence claims within two years of the incident.
(a) “Serious bodily injury” means an injury to a person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
A: The new law in Florida car accidents states that the statute of limitations on personal injury claims is two years, while it was previously four years. This indicates that injured parties have two years from the date of their injury to file a personal injury claim and receive compensation for their losses.
In fault states, the at-fault driver's insurance company is responsible for covering the damages and injuries of the other parties involved in the accident. Conversely, in Florida's No-fault State law, each driver's insurance company is responsible for covering their own policyholder's losses, regardless of fault.
The new Tort Reform Act now makes Florida a modified comparative fault state, which means the other party needs to be the majority at fault for the accident for you to collect any damages. This means you must be less than 50% responsible for your injuries to receive any damages for your case.
As a no-fault state, Florida law guarantees that any person involved in a car accident can receive personal injury protection and requires that every car registered in the state carry a minimum of $10,000 in coverage.
You must file a Florida Traffic Crash Report – Long Form within 10 days of the accident. You must seek medical care within 14 days of the accident and report this to your insurer if you wish to seek compensation for these damages.
The 14-Day Accident Law went into effect in 2013 and was established under Florida Statute 627.736. The basic requirement of the law is that anyone claiming PIP coverage must have initially gotten medical treatment within 14 days of the motor vehicle accident.
