If the victim is harmed due to the fault of another person, the victim can claim compensation for the loss through a Florida personal injury lawsuit. Florida’s negligence law requires the plaintiff to prove the guilty party to be responsible for the incident they caused and the resulting harm.
Although this sounds simple, many nuances in the law make it difficult for many Florida accident victims to recover. Damaged claimants must meet the four main aspects of personal injury claims. They must also be able to overcome any defenses submitted by the party at fault.
Sovereign Immunity
According to Florida Statute 768.28 Title XLV, there are different laws regarding sovereign immunity. If the actions of a government official result in property damage, personal injury, or abnormal death, the state allows individuals to file a lawsuit against the state government. However, this refusal has three major restrictions and some minor ones.
The amount of damages that can be recovered in a lawsuit against the state is limited to US$200,000 for one government agency or US$300,000 for each government agency. You can apply to the Florida legislature through it and file additional damage claims. Florida employees cannot be held personally liable unless their negligence was intentional. The plaintiff was unable to claim punitive damages or damages in their entirety.
Even if a sovereign immunity case enters the court, the judge will not explain these three restrictions to the jury.
What Is Duty of Care? Reasonable Prudence:
In principle, if the defendant fails to take reasonable prudent measures, the defendant can be held accountable for the negligence. Reasonable prudence refers to the measures that a person would take under similar steps under the same circumstances. Negligence include not doing what a reasonable person would or would not do.
The four elements of the Florida personal injury lawsuit include the finding that the defendant owed the victim a debt and that they had breached that obligation. The breach caused injury to the plaintiff, and the plaintiff suffered compensable damage. The defendant can object to any part of the plaintiff’s suit, and if successful, the suit will be dismissed. Therefore, the plaintiff must seek legal advice to ensure that all elements of its claim are met.
The most important investigation in these cases is whether the defendant should treat the plaintiff carefully or not. In Florida, the duty of care is the legal responsibility of the other party to the victim. A person’s care responsibilities depend on many factors, including age and the status of the relationship with the victim.
For example, caring for individuals and their mutual behavior has different responsibilities, rather than the professional duty of healthcare providers to their patients. When following traffic rules, nurses or doctors must pay more attention to the people they treat than normal people. Similarly, when the perpetrator is the owner of the company, the responsibilities also change.
Irrespective of the relationship, to file a claim, you must determine what the other party owes the victim. For example, the Florida court recently overturned the first-instance verdict. The court agreed to take care of the plaintiff’s late wife. However, in the appeal process, the plaintiff claimed that the defendant had failed to perform the responsibilities imposed on them, thus proving that they should not proceed with caution. Decide and return the case for further consideration.
Personal Injury Overview:
If you are injured by the actions of others, you can seek compensation for damages in a personal injury lawsuit. To a large extent, a Florida personal injury lawsuit is based on a negligence theory. It is because there is a breach of duty of care, the causal relationship between the injury and the accident, and the damage suffered by the injured party. In other words, the defendant must have acted in an unsafe way, and it must have caused the accident you encountered. This is directly proportional to the defendant’s crime.
Have You Suffered Injuries and Want to File a Florida Personal Injury Lawsuit?
If you or someone you care about is injured in an accident in Florida, please contact our personal injury attorneys. The Florida lawyers in our office have extensive capability in handling various types of personal injury and unlawful homicide litigation. Our law firm successfully defended and represented clients in Florida property liability claims, defective products, and medical malpractice. Call us now to contact our team’s lawyers to discuss how to obtain compensation in your Florida personal injury lawsuit. We are certain that we will be able to provide you the justice you truly deserve.
