Articles Posted in Personal Injury

More than 100 million people visit Florida each year from out-of-state or overseas. Florida is full of wonderful destinations, hotels, beaches, and resorts. Everyone comes to have a great time, but sometimes things go wrong. If you or a loved one has been injured while on vacation in Florida, you may wonder what you can do to be compensated for another party’s negligence.  Just as in your home state, you have the right to sue for damages. You must do so within the statute of limitations and prove the accident, injury, or illness took place in Florida. The statute of limitations for a personal injury case against another party in Florida is four years; against a government body, three years; for a wrongful death case, two years. 

Types of Accidents

Car accidents are among the most common sources of injury while on vacation. Many people drive to Florida in their own cars, while others rent cars or use a service, such as a taxi, shuttle bus, Uber, or Lyft. As with any accident, it is critical to get identification and insurance information from the other driver, take pictures, and get medical attention as soon as possible. If the police are called to the scene, you should also obtain an accident report. 

In most personal injury cases, attorneys agree to represent clients for a contingency fee, meaning they receive payment based on the compensation received by their clients. Additional costs are inevitably incurred, but the costs vary based on the particular case.

If your case is settled before filing a lawsuit, your costs, beyond the attorney’s contingency fee, will be low. There will most likely only be administrative fees such as photocopies of official documents, travel expenses, and other miscellaneous costs. Court cases, however, can include a number of other expenses. 

Court costs: There are numerous court costs, including the filing fee, jury stipends, summons filing, stenographer fees, deposition costs, and more. 

Texting while driving is a primary offense in Florida. That means that a police officer can pull a person over for texting while driving. So if you have been in an accident and you suspect another driver involved in the accident was texting at the time of the accident, this could affect the determination of cause and therefore the amount of your compensation. It is critical to collect the proper documentation to prove texting while driving. 

Sources of evidence

If someone involved in an accident was texting while driving, this can be proven in several ways:

Can the Time to Accept a Proposal for Settlement be Extended?

Although the case law isn’t entirely clear on whether or not the time to accept a proposal for settlement can be extended, there are certainly good arguments that it cannot. For example, Florida Statute 78.79 and Rule 1.442 contain no provision for extending the time to respond to a Plaintiff’s proposal for settlement. In contrast, they state in no uncertain terms that a proposal for settlement must be responded to within 30 days.

Additionally, at least one Court has found that a motion to enlarge the time to respond to a proposal for settlement does not toll the acceptance period. State Farm Mut. Auto Ins. Co. v. South Florida Med. Health Center, 24 Fla. L. Weekly Supp. 21 (Fla. 11th Cir. Ct. 2016). In that case, the Plaintiff filed a motion to enlarge the time to respond to a proposal for settlement. After the motion was filed, the Defendant never withdrew the proposal for settlement – and the Plaintiff subsequently accepted the proposal for settlement on the 40th day after the proposal for settlement was conveyed. The appellate Court held that the motion to enlarge did not toll the acceptance period. The Court pointed out that Florida Statute 768.79 and Rule 1.442, which govern the use of proposals for settlement, must be strictly construed to permit only 30 days to accept a proposal for settlement.

When you’ve been injured, whether through medical negligence or an accident, you’ll need to bring your attorney certain documentation in order to build a case for your personal injury or medical malpractice lawsuit. 

Injuries that could lead to a lawsuit

Injuries can come from a wide variety of accidents or incidents, for example: vehicular accidents including autos, motorcycles, bicycles, off-road vehicles, and airplanes; pedestrian accidents; slip-and-fall or other premises accidents; dog bites or other animal attacks; and defective products. 

When it comes to personal injury lawsuits and compensation, it is best to begin talking to a lawyer as soon as possible. Whether you’ve been in a car accident, injured at work or in a public place, or experienced medical malpractice or other injury or illness, your lawyer will need to collect evidence while it is available and question witnesses while things are fresh in their minds, then file before the statute of limitations deadline. 

Statutes of Limitations

Florida Statutes Section 95.11 governs how much time a person has to file a lawsuit. The limitations vary depending on the type of crime, injury, or incident. In cases of personal injury, limits range between two and four years, as listed below: 

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