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Auto Accident Injury Compensation Limits in Florida

December 7, 2017


There are Florida statutes that can affect the amount you receive for damages in a personal injury lawsuit related to a vehicular accident. With over twenty million residents in the state, there is always a risk of accidents while traveling Florida roadways. Although the state's personal injury laws provide ways for an injured party to be "made whole" following an auto accident, there are restrictions, limitations and caps that could apply. This is a major reason that you should seek legal counsel as soon as possible following any accident with injuries.

To begin, a timely filing of a lawsuit in Florida's civil courts can ensure you don't miss an important opportunity to present your case to seek compensation for damages. Under Florida's Statute of Limitations for personal injury claims, you have four years from the date of the accident to file a lawsuit. In rare cases, the timeline could be extended, but that is typically only allowed in cases where you did not discover the damages until some amount of time following the accident. Normally, if you fail to file your case within the four-year window, the court will likely refuse to hear your claim.

For most auto accidents, Florida law follows a no-fault insurance system that relies on Personal Injury Protection insurance. This means that after most traffic accidents, an injured person's own insurance provider will provide compensation for certain out-of-pocket expenses like medical or loss of income. Most minor accidents fall under the umbrella for no-fault coverage regardless of who was at fault. If the collision resulted in serious injuries, Florida law does hold the at-fault driver liable based on the unreasonable actions or gross negligence that caused the damages.

If you or a loved one were injured in a car accident on a Florida roadway, contact the law offices of Schackow & Mercadante to speak directly with a personal injury attorney about your case. Remember, it not just about meeting the required timeline. Valuable evidence can be quickly lost following any crash.

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