Florida Personal Injury Law

Florida Personal Injury Law: 6 Things You Need to Know 


Every time you get behind the wheel of a car or exercise outdoors, risk lurks around every corner. 

Drunk drivers. Distracted drivers. Careless drivers. 

You never know who’s sharing the road today. 

Scenario #1

You run a few blocks while the kids are at school. Because you like to exercise safely, you’re watching the road and notice a driver in a hurry. Her vehicle mounts the sidewalk, clipping your ankle. 

You’ll recover from your injuries but the anxiety haunts you in the months ahead.

Scenario #2

You’ve dusted off the bike and put on your helmet. You know that Florida is the deadliest state for cyclists, but you are determined to get your fitness up. Just pedal a few more miles and you’ll be home to join your family for dinner. The driver behind you had a few beers after work. His bumper shunts you forward and you hit the road, hard. 

You’ll get the best of medical care to get you back on your bicycle, but those bills are starting to mount.

Scenario #3

You’re on your way to work, a demanding day stretches in front of you. You indicate and slowly pull away. A car opposite you runs a red light, colliding with your driver’s door, and the pain in your shoulder and neck is immediate. 

You’re lucky to be alive, but without being able to work, your family is going to struggle. 

Know your rights.

Stressed, injured, and unable to work, it’s time to know your rights when it comes to Florida personal injury law. However, there’s a lot to get to grips with.

  1. Drivers in Florida often don’t have sufficient bodily injury insurance to cover injuries they cause to another person. It’s important to protect yourself from uninsured or underinsured drivers by obtaining uninsured motorist (UM) coverage on your automobile policy. This way, if you’re involved in an accident with an uninsured motorist, you’d be protected against financial loss.
  2. Florida is a no-fault state, so each driver’s own car insurance pays for his/her injuries and damages that result from an accident, regardless of who’s at fault.  Florida personal injury law insists that all drivers carry a minimum of $10,000 personal injury protection per person per accident. Usually, your own car insurance policy covers your medical expenses and lost income.
  3. Florida allows a person to file a personal injury lawsuit after a traffic accident if a serious injury has been sustained (such as permanent injury, significant/ permanent scarring or disfigurement or loss of bodily function, or death.)
  4. Florida’s Statute of Limitations limits the amount of time that you’ll have to file a claim. 
  5. In Florida, victims have the burden of providing proof that all of the elements in their personal injury claim are present. This means that there are some things to gather in the aftermath of an accident. Examples include photographs of the scene, taking a list of witnesses and their contact details, photos of the injury, medical records, police records, and a statement of how the accident happened while it’s fresh in your mind.
  6. Florida has a rule regarding damage caps for punitive damages. There are also rules when it comes to comparative negligence. 

As we said, it’s complicated. But we’re happy to explain it to you. 

Your case is personal

We take your personal injury seriously. If the scenarios above are familiar to you, we understand that you’re stressed, injured, and worried about the future. 

The team at Jenkins Law P.L is experienced, and they know Florida personal injury law, inside and out. Your case will be handled with empathy and compassion. We know the impact that a personal injury has had on you financially, emotionally, and physically.

Hey, no wonder our clients rate us so highly: they’ve been there, done that, and bought the t-shirt with that much-deserved compensation. Get in touch today for more information about Florida personal injury law, and how to navigate your case.