You might be feeling uncertain about when it's appropriate to file a personal injury lawsuit after you or a loved one has suffered a serious injury due to someone else's negligence. The primary goal of personal injury law is to ensure that those who have been wrongfully injured receive the justice they deserve. At Brandon J. Broderick, Attorney at Law, we understand that every situation is unique and that each case requires personalized attention. We recognize the profound impact that an accident or injury can have on your life and that of your family. It can disrupt your livelihood, create financial strain, and even make it impossible to continue working.

No one should have to endure suffering because of someone else's carelessness. The Florida personal injury attorneys at Brandon J. Broderick are well-versed in Florida law and are here to guide you through this difficult time. We will help you understand the best course of action and ensure that your legal rights are protected following an accident.

Our Florida Personal Injury Attorneys Are Here to Support You

At Brandon J. Broderick, Attorney at Law, every client is our top priority. Our dedicated team of personal injury attorneys provides personalized attention and a clear, strategic approach tailored to your unique situation. With a proven track record of success, we work closely with our clients to navigate the challenges they face, ensuring that their path to recovery is as smooth as possible.

When you choose to work with us, we operate on a contingency fee basis, meaning we only collect our fees if we secure compensation for you. Be cautious of quick settlement offers from insurers—they may seem convenient but can leave you with out-of-pocket expenses if your injuries are more severe than initially thought or if you need additional medical care. In some cases, insurers may even refuse to pay any damages. If an injury has turned your life upside down, don't hesitate to contact us today. We are committed to providing you with the support and legal guidance you need to achieve the best possible outcome.

What Types of Cases Do Personal Injury Lawyers in Florida Handle?

Personal injury law encompasses a wide range of injury cases, including:

  • Bicycle accidents
  • Burn injuries
  • Bus accidents
  • Car accidents
  • Construction accidents
  • Dog bite injury
  • Medical negligence
  • Motorcycle accidents
  • Pedestrian accidents
  • Pharmaceutical litigation
  • Truck accidents
  • Uber and ridesharing accidents
  • Workplace injuries
  • Wrongful death

Whether you or a loved one has suffered an injury, our dedicated attorneys are here to support you. At Brandon J. Broderick, Attorney at Law, we have a proven track record of not only advocating for victims of severe injuries but also representing the families of those who have tragically lost their lives in accidents caused by others. We offer free case evaluations and work on a contingency fee basis, so there are no upfront costs to you. Contact us today to discuss your case.

Florida Personal Injury Lawyer: Steps to Take Immediately After an Accident in FL

Your top priority after being injured in an accident or incident that wasn’t your fault should be obtaining the appropriate medical care. Your health is the most important consideration. To strengthen your personal injury claim or any subsequent lawsuit, you can also take the following steps, which will give your attorney a significant advantage in building your case:

  • Gather evidence: Collect photographs and documents that support your account of the events leading up to the accident or injury. These will be invaluable to your legal team.
  • Maintain a journal: Record your thoughts and feelings immediately after the accident to capture the most credible firsthand information. When possible, include specific details, such as the exact time an ambulance arrived, alongside other supporting documentation like hospital records or a police report.
  • List of witnesses: Compile a list of potential witnesses for your personal injury claim, ensuring that each individual's name is correctly spelled and their contact information is confirmed. This list may include other parties involved in your accident.
  • Consult with a lawyer first: Before taking any further steps, consult with an attorney. Avoid communicating with the defendant's legal defense team or insurance provider. It's advisable to retain a personal injury lawyer who can declare your intention to protect your rights and, if necessary, file a lawsuit on your behalf.

What Types of Compensation Can I Pursue After Filing a Personal Injury Claim in FL?

Both economic and non-economic damages resulting from an accident can be compensated through personal injury claims. When permanent injuries are involved, the value of the claim often increases in direct proportion to the severity of the damages and injuries.

While each case is unique, negotiations with the at-fault party can become increasingly challenging as the compensation amount requested rises.

If future medical expenses or treatments are anticipated, particularly in cases of severe injury, it is essential to include compensation for these future damages in your claim. Additionally, ongoing or prolonged medical treatment may lead to future pain and suffering, loss of enjoyment of life, or income loss.

An experienced personal injury attorney in Florida can help you assess and pursue fair compensation. Contact us today to work together on establishing the best course of action for your personal injury case.

Understanding "No Fault" Insurance in Florida: How It Impacts Your Claim

Florida is one of twelve states in the United States that operate under no-fault laws. Understanding the state's requirements for auto insurance and personal injury protection (PIP) will make it easier for you to handle your claim and select the right policy in the future. Under Florida's no-fault insurance regulations, all drivers are required to carry PIP coverage.

What Does Florida PIP Insurance Cover?

Florida PIP provides coverage for medical expenses, lost wages, and death benefits.

One key difference in Florida is that PIP only covers 80% of your medical expenses. For example, if your injuries result in $10,000 in medical costs, PIP will only cover $8,000. If you have a comprehensive health insurance policy, it may cover the remaining costs, but it's important to confirm that your policy will cover injuries from car accidents.

Medical costs

Most medical costs will be covered by PIP, including:

  • Ambulance rides
  • Diagnostic tests like X-rays or bloodwork
  • Doctor's visits and medical exams
  • Hospital stays
  • Prescription medication
  • Rehab
  • Surgeries

In most states, Personal Injury Protection (PIP) covers the injuries of everyone in your household, but in Florida, you have the option to choose whether your PIP will cover just yourself or other residents in your household.

Economic Benefits

If you're injured in an accident and become disabled, Florida PIP will cover 60% of your lost wages, up to a limit of $10,000. This coverage also extends to paying for services you can no longer manage on your own, such as daily chores like laundry, house cleaning, and pet care.

Florida PIP Death Benefits

In the event of the policyholder's death, PIP provides up to $5,000 for funeral and burial expenses, in addition to other benefits.

When and How to File a PIP Claim in Florida

Florida has strict guidelines for filing a PIP claim. Most importantly, you must seek treatment for any injuries within two weeks of the accident to be eligible for PIP reimbursement. Claims filed after this period will not be accepted. Due to the high incidence of insurance fraud in Florida, your insurer has up to 60 days to investigate your claim for any discrepancies, but they must pay your damages within 30 days, even if there is suspicion of fraud.

If your case is complex or you encounter issues with your insurance company, it may be wise to consult a personal injury lawyer to ensure you receive your payment. In the meantime, keep detailed records of all your medical expenses following the accident.

For work-loss benefits, your employer must complete and submit a wage and salary verification form, documenting your earnings in the 13 weeks before the accident. A lawyer can help ensure your employer submits this verification promptly. Additionally, you may need a note from your physician detailing your disability.

Florida PIP Law Still Gives You a Right to Sue

No-fault states like Florida implement PIP laws to reduce the number of lawsuits over damages. In most no-fault states, including Florida, you can only sue when injuries are severely disfiguring, permanent, or result in death. However, Florida also allows drivers to sue for medical costs exceeding $10,000, even if the injury is not severe.

For example, if you are injured in an accident resulting in $20,000 in hospital bills, you can sue the other driver for the remaining $10,000 not covered by your PIP.

It’s advisable to carry a substantial amount of bodily injury liability coverage in your policy. While bodily injury liability is not required in Florida, it could protect you from being sued directly for excessive medical costs if you cause a serious accident.

Can You Pursue Compensation for Pain and Suffering in a No-Fault Insurance State?

In Florida, drivers are required to carry Personal Injury Protection (PIP) coverage, which compensates for medical expenses and lost wages, regardless of fault in an accident, under the state's no-fault auto insurance system. However, individuals may file a personal injury lawsuit to seek compensation for pain and suffering in cases of severe injuries or when specific criteria are met, allowing them to bypass the no-fault system.

When a personal injury lawsuit is initiated, determining pain and suffering damages becomes a critical aspect of the litigation. Consulting with an experienced Florida personal injury attorney is often essential to maximizing compensation for these non-economic losses. Since there is no fixed formula for calculating these damages, the jury typically has the discretion to determine the amount.

What Is Florida’s Legal Threshold for a Serious Injury?

Under Florida Statute 627.737, you must meet specific criteria to claim pain and suffering damages, which include:

  • Significant loss of the body’s normal function
  • A permanent injury
  • Significant or permanent scarring or disfigurement
  • Death or a condition that endangers the victim’s life

To pursue such a claim, you will need to provide a doctor’s records, all prescription receipts, and testimony from a medical professional confirming the seriousness of the injuries sustained.

How Does the New Modified Comparative Negligence System in Florida Work?

On March 24, 2023, Florida Governor Ron DeSantis signed HB 837 into law, a significant tort reform bill aimed at overhauling the state’s litigation landscape. One of the key changes introduced by this law is the shift to a modified comparative negligence system for handling shared fault in personal injury claims.

Under this new system, individuals who are more than 50% responsible for causing their own injuries will be barred from recovering any compensation. This rule does not apply to claims based on medical negligence. Generally, however, anyone found to be more than 50% at fault for an incident will be unable to recover compensation.

For those who are 50% or less responsible for their injuries, compensation is still available, but it will be reduced according to their percentage of fault, as determined by a jury.

For example, if someone incurs $800,000 in damages from a truck accident primarily caused by the truck driver, but the injury victim is found to be 20% at fault due to their actions on the road, they would receive $640,000 instead of the full $800,000. This example simplifies the concept of comparative negligence, but actual personal injury cases are far more complex. Therefore, it is strongly recommended to work with an experienced personal injury lawyer in Florida who understands the nuances of comparative negligence.

Different Types of Damages in a Florida Personal Injury Case

The primary goal of damages in a personal injury case is to restore the victim's financial situation to its pre-accident state. These are known as compensatory damages and encompass both tangible (economic) and intangible (non-economic) losses.

What Are Economic Damages?

Economic damages are quantifiable financial losses, and the value of your claim increases in proportion to these damages. The monetary value of economic damages varies between cases based on the prospective losses resulting from injuries. Examples of economic damages include:

  • Medical Expenses: This includes costs for hospital stays, doctor visits, physical therapy, medications, specialized therapies, medical devices, transportation to and from appointments, and any other expenses related to the treatment of injuries.
  • Lost Wages: If your injury leads to lost wages, you are entitled to compensation. This covers income lost due to time missed from work or taking a reduced position because the injury prevents you from performing your previous job duties.
  • Property Loss: This includes compensation for items lost or damaged in the incident, such as vehicle damage and other property losses.
  • Legal Fees: In some cases, the at-fault party may be required to reimburse your legal fees. Many personal injury attorneys in Florida work on a contingency basis, meaning you only pay their fees if they win your case. The time your attorney spends resolving the dispute could be deducted from your award.

What Are Non-Economic Damages?

Non-economic damages compensate for the pain and suffering you’ve endured as a result of your injury. These damages address non-monetary losses, which can be challenging to substantiate since they are not always visible. The level of subjective pain can vary depending on the individual, the nature of the accident, and other contributing factors.

To support your claim for pain and suffering, your personal injury attorney will need to detail the difficulties your injury has caused. An insurance company, judge, or jury will consider several factors when determining compensation, including the severity of the injury, the length of the recovery process, and whether the injury caused permanent impairment or limitation.

Emotional distress is another form of non-economic damage. Anxiety disorders or psychological distress stemming from the accident may justify a compensation claim. Articulating emotional distress can be difficult, so maintaining a journal or diary may be helpful. Be sure to document any psychological issues that have arisen as a result of the accident.

What Are Punitive Damages, and How Do They Apply in Florida?

When someone is injured due to another party's negligence, they may choose to file a personal injury claim. If successful, the defendant could be held liable for damages such as pain and suffering, lost wages, and medical expenses. In cases where the at-fault party’s negligent or malicious actions lead to severe injuries, the victim may also be entitled to additional punitive damages.

However, in Florida, punitive damages are not commonly awarded. Courts may consider them if the circumstances are particularly egregious. Florida law allows for punitive damages when a person acts with malice and a willful disregard for the safety of others. For example, in a typical car accident where the other driver was not reckless, you may only be able to pursue compensatory damages. However, if the other driver was speeding, driving under the influence, or texting while driving and caused an accident that resulted in your injuries, punitive damages could be sought.

Florida courts consider several factors when determining whether to award punitive damages. In addition to proving the plaintiff's compensatory damages, the plaintiff must meet a high burden of proof to show that the defendant acted with malice or intentional misconduct. Punitive damages may not be applicable in cases of mere negligence.

Examples of Cases Involving Punitive Damages

  • Dog Bites: If a negligent dog owner intentionally allows their dog to injure someone, punitive damages may be awarded.
  • Medical Malpractice: In cases where a physician intentionally or negligently causes harm to a patient—such as a surgeon operating while intoxicated or performing surgery on the wrong body part—punitive damages may be possible.
  • Pharmaceutical Liability: If a pharmaceutical manufacturer knowingly distributes a medication with known hazards without adequately warning consumers, punitive damages could be awarded.

How Long Do You Have to File a Personal Injury Lawsuit After an Accident in Florida?

In Florida, there has long been a statute of limitations governing personal injury claims, establishing the time frame within which injury victims can file lawsuits against the allegedly negligent party. Previously, before the passage of HB 837, personal injury victims had four years from the date of their injury to file a lawsuit against the responsible party.

However, the recent tort reform bill in Florida has reduced this statute of limitations from four years to two years. Now, if someone believes they have been harmed due to the negligent actions of another individual, entity, or company, they have only two years from the date of the injury to file their lawsuit in civil court. Failing to file within this time frame will almost certainly result in the case being dismissed, and the victim will be unable to recover any compensation.

Brandon J. Broderick, a Florida Personal Injury Lawyer, Is Here to Help You with Your Claim Today

Unexpected accidents can happen, resulting in serious injuries that can impact both your health and finances. How you manage the situation after the accident will play an important role in the compensation you receive. If your losses were caused by someone else’s negligence, you have the right to seek compensation. You don’t have to negotiate with insurance companies on your own—we’re here to support you every step of the way.

At Brandon J. Broderick, Attorney at Law, our Florida personal injury attorneys are committed to providing compassionate and exceptional client care. This dedication keeps us among the top personal injury law firms in Florida. Our extensive track record of success means you can trust us to handle your case effectively.

We have years of experience representing clients in various personal injury cases, including car accidents, construction site accidents, slip-and-fall incidents, and more. We’ve helped many individuals, just like you.

Contact us today for a free case evaluation, where we can help you regain control of your life and discuss the specifics of your case.

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