Immediately following an accident or injury, it is easy to be confused as to your options. Friends offer advice, family adds their opinions, and even the ads on television are full of ideas as to how you should proceed.
But how do you really know when you should speak with an attorney and pursue legal action?
At Probinsky & Cole, we understand first-hand the challenges you face at this stressful time. Therefore we have compiled an informational guide that will answer many of your preliminary questions in some common situations, as well as educate you as to the Florida statute of limitations laws in each type of case.
This is not meant to be an exhaustive resource, but is intended instead to provide clarity and direction when you need it most.
Auto Accidents
Florida follows a no-fault insurance system, meaning that if you sustain a mild-to-moderate injury due to an auto accident, regardless of who was at fault, your own personal insurance protection (PIP) insurance will be responsible for out-of-pocket costs such as medical bills or lost wages (up to the limits of your coverage).
Another involved driver (or their insurance company) cannot be held liable unless your claim meets the “serious injury” threshold. A serious injury is considered one that causes permanent damage, permanent or significant disfigurement, or permanent loss of function.
When negotiating a settlement with your insurance company, you may wish to retain an attorney to protect your interests and help you to determine the appropriate level of compensation for your given situation. An attorney can also provide guidance regarding whether or not your injuries rise to “serious” status.
Important Deadlines – Auto Accident:
* Florida Statutes section 627.736(1)(a) states that those injured in a car accident must seek medical attention within two weeks of the incident to make a claim under their PIP coverage. (After 2 weeks you can still bring a claim against the at fault party’s insurance carrier.)
* Florida Statutes section 95.11(3)(a) requires drivers to file an accident claim for negligence within four years of the date of the crash.
* If the event of a death sue to the car accident, the statute of limitations allows two years from the date of the incident to file a civil wrongful death lawsuit. (see below)
Wrongful Death
Florida law states that when a person’s death “is caused by the wrongful act, negligence, default, or breach of contract” of another person or entity, the estate of the deceased person may bring a civil lawsuit in Florida’s courts, seeking a legal remedy for that death and the losses stemming from it.
A wrongful death lawsuit is a civil suit, meaning it is brought to the courts by the estate of the deceased, generally for monetary damages. These lawsuits are brought by the personal representative of the deceased named in the will, or by a court-appointed representative should the deceased not have a will.
The representative files the lawsuit on behalf of every surviving member of the family or the estate, including spouse, children, and parents; as well as any other blood relative or adoptive relative who was wholly dependent on the deceased.
The government is not involved in wrongful death cases; instead they may file a criminal case, which rarely addresses monetary concerns.
Important Deadlines – Wrongful Death:
Florida Statutes section 95.11(4) states that the wrongful death lawsuit must be filed within two years of the date of death.
Slip & Fall Injuries
Whether caused by an obstruction in the aisle or a slippery substance on the floor, slip and fall accidents can be painful and costly. Whether or not you can recover damages – and how much you can recover – are the function of three contributing factors: insurance, liability, and damages.
Insurance policies are almost always in force. Your first line of defense should be to ensure that the company reports the incident to their insurance carrier. If you hire an attorney, they will handle this for you.
Liability equates to fault. Florida businesses and public spaces have the responsibility to maintain a safe environment, as well as to disclose any dangers that may not be immediately evident. Because Florida is a comparative negligence state, you can still recover damages even if you were deemed partly responsible for the accident. Most slip and fall incidents have some degree of comparative negligence.
For instance, the store may be found negligent for having water on the floor, but you may be partially responsible for your injury because you were running around a corner.
Damages include the medical bills you incurred due to the accident, and are generally the easiest to prove. If the property owner is determined negligent, they are responsible for all medical bills that are reasonable, necessary, and related to the incident. Should future medical treatment be necessary, you are also entitled to payment for those expenses.
Pain and suffering is the most contested area of damages, because the perception of the level of pain is subjective. This component of the claim is generally negotiated based on the results of MRI’s and x-rays that validate the claimed pain.
Important Deadlines – Slip and Fall:
Florida Statutes section 95.11(3)(a) states that anyone who is injured in a slip and fall must get their lawsuit filed against the property owner within four years of the incident.
Medical Malpractice
Simply stated, medical malpractice takes place when a healthcare professional is negligent and violated his or her standard of care when treating a patient, In Florida, the standard of care is defined as the level of care, skill, and treatment which is recognized as acceptable and appropriate for that patient, by reasonably prudent similar healthcare providers.
It is important to note that not all mistakes made by medical professionals are considered malpractice. It is best to speak to an experienced malpractice attorney to determine if you have a case.
Medical malpractice cases are exceptionally complicated and expensive, involving legal and medical experts, health care providers, and insurance companies – and can take years to resolve.
Important Deadlines – Medical Malpractice:
Florida Statutes section 95.11(4)(b) states that a medical malpractice lawsuit must be filed within two years of the date on which the harm resulting from the malpractice was discovered. (or should have reasonably been discovered)
There is also a deadline of four years from the date of the alleged medical malpractice regardless of when you actually discovered the harm, unless is can be proven there was fraud or deception designed to keep the patient from discovering the malpractice.
Even though two or four years may sound like a long period of time to contemplate a lawsuit, it is always best to contact an attorney as soon after the incident as possible. They can help you to explain the Florida statutes, determine if there is a case, negotiate with insurance companies, and help to collect the evidence you will need should you go to trial.
Accidents and injuries can create stressful situations – you should never feel as if you have to face them alone. If you are seeking the advice of a Sarasota attorney, we’re here to help.
