What Benefits Are Available for Personal Injury Victims?If a personal injury case is settled or won at trial, monetary compensation may be paid to you by the person or company that caused you the injury. They may be required to compensate you for:
- Medical expenses
- Time lost from work
- Damaged property
- Disfigurements or disabilities caused by the injury
- Costs of your emotional distress
- Pain and suffering
- Any other costs the damages could have caused you
The severity of the injury and damage impacts compensation. If you played any part in contributing to the accident that resulted in your injury, then your compensation may also reflect that. Victims may be able to collect punitive damages, if the jury believes that the defendant needs to be discouraged from displaying negligent behavior in the future.
Under Florida comparative negligence law, your actions may reduce the amount awarded to you for your personal injury.
For example, if you were driving a car and a motorcyclist attempted to cut you off and you to hit them because of that, this is taken into consideration in court. The motorcyclist's actions contributed to the reason you accidentally hit them.
In Florida, this law allows a jury to lower the amount of the damages by the amount the victim contributed to his or her own injuries. If the motorcyclist suffered $10,000 in damages but they were found at fault for 50% of the accident, then their award may be lowered to $5,000.
Time Frame for Personal Injury Claims in Florida
Florida Statute §95.11 states that the party that was injured has a total of four to five years depending on the case to take the person or company that injured them to court. This is the statue of limitations for personal injury claims in Florida. Wrongful death claims, on the other hand, have a statute of limitations of two years.