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Unexpected injuries can cause not only physical pain, but stress over mounting medical bills and lost wages. If someone else’s negligent actions caused your injuries, you may be able to seek compensation. Florida personal injury laws address a range of legal and factual issues. Before pursuing a claim, it can be beneficial to understand negligence standards, available damages, and the statutes that may apply to your case; for that, you need a Tampa personal injury lawyer.
At Spangenberg Shibley & Liber, our personal injury lawyers have been advocating for injury victims since 1946. We have recovered over $1 billion for our clients in verdicts and settlements, and are nationally recognized for handling complex, high-value cases. However, past results do not guarantee a similar outcome. Each case is different and must be evaluated on its own merits.
Although our lawyers are widely known for our medical malpractice cases, we also represent clients in major personal injury and civil rights claims. Our firm approaches each case with the same commitment to preparation and courtroom advocacy.
In Florida in 2024, there were 1,997,251 non-fatal injury emergency room visits and 161,486 hospitalizations.
Personal injuries are physical, emotional, or financial damages suffered by a person due to the negligence of another party. Personal injury law allows victims to pursue compensation from the individual, business, or entity responsible for causing the injury. Personal injury claims can result from:
Accidents can happen in countless ways, and each type of personal injury case comes with its own legal and factual issues. Some cases involve clear liability based on the facts of the incident. Others require significant investigation and the testimony of accident reconstruction or medical professionals. Determining how and why an injury occurred is critical to building a strong personal injury case.
Florida has time limits for filing personal injury claims. Under Florida Statutes §95.11, negligence cases must be filed within two years of the date of injury. Once the statute of limitations expires, an injured party may be forever barred from seeking monetary compensation.
There are exceptions to this rule that may extend or shorten the deadline based on the specific circumstances of the case. For this reason, individuals should not wait to file a claim. For instance, medical malpractice typically has a different statute of limitations than normal.
Negligence is a central issue in most personal injury cases. To prove negligence, the injured person must prove four legal elements. First, they must show that the defendant owed them a duty of care. Second, the defendant breached their duty by failing to act reasonably under the circumstances. Third, the injured party must prove causation. Finally, the victim must prove they suffered actual damages.
Evidence such as accident reports, photos from the scene, witness testimony, video footage, medical records, and employment records may be used to prove negligence. Attorneys may also rely on professional witnesses to prove certain elements of a case.
Florida follows a modified comparative negligence rule under Florida Statutes §768.81. Under Florida’s comparative negligence law, an injured person cannot recover if they are 51% or more at fault for the accident. If more than one party shares liability for the injury, each party is responsible for paying a portion of the total damages based on their percentage of fault.
An injured person can still recover damages from other at-fault parties if their negligence does not exceed 50%. For instance, if the total amount of damages equals $500,000 and the injured person was 20% to blame for the accident, then they would be able to recover $400,000 from the other negligent parties.
Comparative negligence is often disputed by insurance companies, and evidence proving fault can make or break a personal injury claim.
Victims who are injured because of someone else’s negligence can pursue financial compensation. Economic damages in Florida include:
Less-tangible damages include losses that are not as easily quantifiable, such as physical pain and emotional suffering, mental anguish, and posttraumatic stress disorder. These damages typically don’t have a specific monetary value but are decided based on the circumstances of the case and how the injury has impacted your life. In fatal cases, spouses, children, and other family members who survive can file a wrongful death claim and recover damages as allowed by law.
When you hire a personal injury lawyer, they can provide injured victims with valuable legal support before and after an accident. A Tampa personal injury attorney can help you gather the evidence you need to support your case. They can also advocate for you in court if necessary.
A lawyer can calculate your damages now and in the future, negotiate with insurance companies, and make sure all applicable deadlines are met. If a fair settlement cannot be negotiated, your lawyer can take your case to trial and prove your case in front of a judge or jury. A majority of personal injury cases brought in Tampa are heard in the Hillsborough County Circuit Court at 800 East Twiggs Street, Tampa, FL 33602.
In cases involving catastrophic injuries or substantial monetary damages, counsel can also work quickly to preserve evidence before it’s lost and make sure that important documents are obtained while they’re still available.
A: Most personal injury settlements for bodily injury or sickness are not taxable at the federal level. However, punitive damages as well as damages for lost wages can be taxed under some circumstances. Since taxation is dependent on the structure of the settlement, one should consult a tax professional for advice.
A: Timing can differ from case to case depending on complexity. Some cases resolve in a matter of months. Others can take a year or more if liability is contested, injuries require future treatment, or if litigation is required. Additionally, available evidence, negotiations, and court calendars play a role in how long it takes to resolve your case.
A: Examples of evidence that may be involved in a claim include police or accident reports, photos, video, witness testimony, medical records, employment records, proof of lost income, and documentation of incurred expenses.
Professional testimony may be required, depending on the facts of your case. This is typically used to prove liability or causation, and to demonstrate the nature and extent of your injuries. Preserve evidence as soon as possible if you think you may have a claim.
A: Waiting to seek medical treatment does not necessarily bar you from filing a personal injury claim. However, it can make proving your injury was caused by the accident more difficult. Insurance companies may use the gap in treatment as a reason the condition was caused by something else or made worse by your own lack of action. Prompt medical attention typically allows you to better document your injuries.
When you sustain serious injuries due to another party’s negligence, it is helpful to understand your legal options. At Spangenberg Shibley & Liber, our lawyers have decades of experience with complex personal injury cases and have fought hard to recover compensation for our injured clients.
Contact us today to set up your free consultation with a Tampa personal injury lawyer and find out more about your rights and the legal process of filing a personal injury claim.
We have been helping individuals since 1946 and have secured over a billion dollars on behalf of our clients.
We take our clients’ struggles personally. We fight tirelessly for those we represent and never back down when justice is on the line.
We believe in doing what is right, not what is easy. We stand by our clients, our word, and our principles.
We measure success by the difference we make, holding wrongdoers accountable, changing lives, and delivering the justice our clients deserve.
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