Do I Have a Medical Malpractice Claim in Florida?
If you’ve been injured in Florida, you probably have questions about your rights, the claims process, and what to expect when dealing with insurance companies or the courts. To help, we’ve put together this FAQ section that covers the most common questions people ask about personal injury cases in Florida. From auto accidents to medical malpractice and wrongful death claims, these answers are designed to give you a clear understanding of your legal options.
Q: What steps should I take immediately after a car accident in Florida?
A: First, prioritize safety and call 911 if anyone is injured. Exchange insurance and contact information with the other drivers, collect witness names, document the scene with photos or videos, and seek medical attention. Reporting the accident to the police is required if there’s injury, death, or property damage over $500, and it strengthens your claim.
Q: How does Florida’s no-fault (PIP) system affect my ability to file a personal injury claim?
A: Florida’s no-fault law requires accident victims to first seek compensation through Personal Injury Protection (PIP) coverage, regardless of fault. You can only pursue a lawsuit against the at-fault driver if your injuries meet certain serious thresholds or exceed PIP limits.
Q: What is the statute of limitations for personal injury claims in Florida?
A: For most personal injury cases, including auto accidents, slip & fall incidents, and wrongful death, you generally have two years from the date of the injury to file a lawsuit in Florida. Missing this deadline can permanently bar your claim.
Q: Can I still recover damages if I was partly at fault for my accident in Florida?
A: Yes. Florida follows a modified comparative negligence system, meaning your recovery is reduced by your percentage of fault. That said, if you’re found to be more than 50% at fault for an accident, you cannot recover damages at all.
Q: What types of damages can I recover in a Florida personal injury lawsuit?
A: You may be entitled to compensation for medical expenses, lost wages, future earning capacity, pain and suffering, emotional distress, and, in wrongful death cases, funeral costs and loss of companionship.
Q: What evidence is necessary to support my auto accident claim?
A: Important evidence includes the police accident report, photos or videos of the scene, vehicle damage documentation, medical records, witness statements, and proof of treatment and expenses.
Q: What makes medical malpractice different from other personal injury claims in Florida?
A: Medical malpractice claims in Florida require proving that a medical professional deviated from the accepted standard of care, leading to injury. These cases often require expert testimony and specialized medical evidence.
Q: How is liability determined in Florida boating and motorcycle accident claims?
A: Liability is established by showing negligence: a duty of care was owed, it was breached, the breach caused injury, and damages resulted. Investigations may include operator behavior, safety equipment, and compliance with Florida’s traffic or boating laws.
Q: What should I do if I’m injured in a hit-and-run accident or while riding a bicycle or scooter?
A: Seek immediate medical care, report the incident to law enforcement, document the scene if possible, and notify your insurance company. If the at-fault driver cannot be identified or lacks coverage, uninsured motorist insurance may help compensate you.
Q: How are nursing home abuse and pressure ulcer injuries handled under Florida law?
A: These claims are considered negligence cases. You must show that the nursing home or staff breached their duty of care, such as failing to prevent bedsores, neglecting supervision, or providing inadequate medical attention, resulting in harm.
Q: What qualifies as a wrongful death claim in Florida?
A: A wrongful death claim arises when someone’s negligence or intentional act causes a death. Eligible family members can seek compensation for funeral expenses, lost support and services, loss of companionship, and mental pain and suffering.
Q: How do pedestrian and Uber accident claims differ from typical auto accident cases?
A: Pedestrian accidents often involve unique liability issues like crosswalk and right-of-way laws. Uber accidents may involve both the driver’s personal insurance and the rideshare company’s commercial liability coverage, depending on whether the driver was logged in or transporting a passenger.
Q: How should someone proceed after a slip-and-fall or product liability injury in Florida?
A: Document the hazard or defective product, preserve evidence such as photos or warning labels, seek medical treatment, and keep all related records. Liability depends on proving negligence by a property owner or a defect in the product that caused your injury.
If you or a loved one has been injured, don’t wait to get the answers you need. Contact Ullian Trial Law today to discuss your case with an experienced Florida personal injury attorney. Call us directly or fill out our online form to schedule a free consultation. Your path to justice starts here.
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