Those who drive in South Florida are familiar its traffic problems, which are among the worst in the state. In addition to the personal inconveniences involved in navigating the roads and highways of the region, traffic congestion increases the risk of experiencing an accident. The victims of car crashes and their families may consider taking legal action against those deemed responsible, but they will first have to understand the way personal injury laws are administered in Florida.
Understanding the “No Fault” Principle
The American principle of “states rights” allows individual jurisdictions to enact and enforce their own laws. In the specific area of automobile insurance, Florida is considered a “no fault” state. This means that the insurance providers are responsible for covering the damages suffered by their of clients, no matter who was responsible for a mishap. This principle differs from other areas of personal injury law, which hold the person, group or organization legally responsible for the harm they cause to others.
When to Take Legal Action
Personal injury lawsuits related to vehicular accidents are allowed in Florida in situations where the victim is killed or suffers some permanent condition that prevents him or her from living normally. Personal injury lawsuits can under the circumstances be filed for the purpose of seeking financial compensation. Damages may be sought to cover medical expenses, including the possibility of long-term care, and for the loss of wages related to the inability of the victim to continue working. Victims may also seek damages intended to compensate for the emotional distress related to a physical injury. However, it is vitally important that the victims communicate their specific needs to the presiding court and, especially, to their personal attorneys.
Knowing and Following the Rules
One of the most important elements of any personal injury law is the statute of limitations. This is the period of time in which legal action can be taken. In Florida, a lawsuit must be filed within four years of the original accident and injury in order to be accepted. However, it is always wise to take action as soon as possible. Since injuries suffered in traffic accidents may not be obvious, it is important for those who suspect serious problems to seek immediate medical attention. Known injuries should then be documented for future reference. It is equally important to maintain the contact information of those who performed the diagnosis or provided any treatment.
Seeking the Best Possible Outcome
Those who experience vehicular accidents in Florida need to understand the options that are available to them. However, every accident will raise different issues, which is why it is important for victims to seek proper legal representation. Personal injury attorneys will protect the rights of their clients and strive for the best possible outcome in the cases they handle.