Another person’s negligence can cause serious personal injury to another. Personal injury is when a victim suffers physical injuries due to another individual’s mistake or faulty product. Personal injury law is designed to protect an individual who is injured and allows for them to demand that the responsible individual or party pay for their injuries, damages, and/or medical bills.

Compensation for these personal injury claims can include:

1. Past, current, or reasonably anticipated medical expenses
2. Lost wages or lost earning capacity
3. Damages for permanent disfigurement
4. Cost of property damage
5. Payment to family members who lose time from work to assist you
6. Selection of a doctor of your own choose
7. Transportation to medical appointments
8. Any other damages directly resulting from the accident

Florida Statutes Title XLV (torts – civil liabilities that arise when civilians cause injuries to one another) and Florida Statutes Chapter 768 (negligence – the failure to perform a duty that results in severe injuries) encompass personal injury cases in the state of Florida. It is important to remember that personal injury cases are not typically intentional crimes, but damage and injuries occurred, nonetheless.   Recent changes in the Florida personal injury laws have been passed by the Florida legislature reducing the time within which a person can bring a claim for his or her injuries and changed the percentage of fault one must prove to recover for them.  

While not always intentional, personal injury cases can cause serious damage physically, financially, and emotionally and can happen in a variety of scenarios. Here are some of the most common personal injury cases that are seen in the state of Florida:

Automobile Accidents

According to the data gathered from the Florida Department of Highway Safety and Motor Vehicles, in 2022 it was reported that there were 381,156 total crashes and 242,622 injuries from these accidents across the state. In Florida, there is a “no-fault insurance system” for minor vehicle accidents and all drivers are required to secure $10,000 in personal injury protection, which means the car insurance company will cover the damages. In the case of severe or critical accidents/injuries, an individual can file against the one who caused the accident. Serious injury can include death, permanent injury, disfigurement, or loss.

Dog Attacks

Dog attacks or bites might not be the first thing that comes to mind when thinking of personal injury, but they are not only common but can be fatal. According to Florida Health, children between 1 and 9 are at the highest risk for dog bites, an average of 2 Floridians die from dog bite injuries and over 600 Floridians are hospitalized yearly due to dog bites. Florida uses strict liability when it comes to dog attacks, the owner is liable for the damages suffered by the victim regardless of the dog’s past behavior if the injured party was abiding by lawful acts such as staying on permitted property or not harming the dog in any way.

Medical Malpractice

Florida has high-quality medical facilities but also a high rate of medical malpractice claims. Filling these claims gives the victim the right to seek compensation and hold the healthcare worker or facility liable for their negligence that resulted in life-altering injuries or wrongful deaths. Examples of medical negligence can include but are not limited to surgical errors, prescription errors, anesthesia overdose, delayed or improper diagnosis, and birth injuries.

 

Product Liability

Product liability claims are when an individual sustains injuries from a defective or dangerous product due to faulty manufacturing or flawed design in products such as motor vehicles, toys, electronic devices, pharmaceutical drugs, or medical devices. The state of Florida follows a strict liability theory, and these claims tend to fall into three categories:

1. Design Defects: when a manufacturer creates a product that is considered unreasonably dangerous and does not perform safely. Examples of this include small children’s toys that can be easily swallowed or a car that accelerates or stops on its own.
2. Failure to Warn: when marketing fails to provide the correct instructions or warnings to a product that was designed and created properly. Examples of this include medication with serious side effects or not failing to note something is flammable.
3. Manufacturing Defect: when a product may have been designed safely but when leaving the manufacturing facility, the result caused injury to the intended user. Examples of this include tread separation on tires or faulty safety locks on car seats.

Wrongful Death

In extreme cases, wrongful death is when a victim passes away due to the personal injuries they have sustained. These cases usually result in the victim’s loved ones or family recovering the damages including but not limited to:

• Loss of protection
• Loss of companionship
• Loss of parental guidance
• Mental anguish and grief due to death
• Reimbursement of any funeral, burial, or medical expenses
• Lost wages, benefits, and other earnings
• The value of earnings and benefits of the deceased victim could have reasonably expected to retain

It is extremely important to note that in the state of Florida, the statute of limitations for personal injury claims is four years from the date of the injury but filing your claim sooner is always more beneficial than later.

If you or a loved one feel that you deserve compensation for injuries due to another party’s negligence, contact us at Gechtman Law, where we have the experience to help with the main objective of a personal injury lawsuit: to ensure the negligent party is held responsible and that the victim is properly compensated.