What is the process for filing a personal injury lawsuit in Florida, and what damages can I recover?

Filing a Personal Injury Lawsuit in Florida:

The process for filing a personal injury lawsuit in Florida begins with the injured party, or their attorney, filing a complaint with the appropriate court. In most cases, this will be the circuit court in the county where the accident occurred, or where the defendant resides. The complaint must set forth the legal grounds of the claim and the damages sought.

After the complaint is filed, the defendant will be served with a copy of the complaint and summons. The defendant will generally have 20 days to answer the complaint, although this may vary depending on the specific circumstances of the case. If the defendant fails to answer the complaint or otherwise respond to the lawsuit, the plaintiff may be able to obtain a default judgment against the defendant.

Once the defendant has answered the complaint, the discovery process begins. This is the process of exchanging information and evidence relevant to the case. Discovery can involve written questions (interrogatories), document production requests, depositions, and other forms of information gathering.

After the discovery process is completed, the case may proceed to trial or be settled out of court. If the case goes to trial, the plaintiff must prove their case by a preponderance of the evidence, meaning that the evidence must show that it is more likely than not that the defendant caused the plaintiff's injuries.

Damages in a Personal Injury Lawsuit in Florida:

In a personal injury lawsuit in Florida, the plaintiff may be able to recover a variety of damages, including economic and non-economic damages. Economic damages are those that have a specific monetary value, such as medical expenses, lost wages, and property damage. Non-economic damages are those that do not have a specific monetary value, such as pain and suffering, emotional distress, and loss of consortium.

Florida also allows for punitive damages in certain cases, which are intended to punish the defendant for particularly egregious conduct. However, punitive damages are only available in cases where the defendant's conduct was intentional, grossly negligent, or fraudulent.

Limitations and Exceptions:

There are certain limitations and exceptions to the damages that may be recovered in a personal injury lawsuit in Florida. For example, Florida follows a pure comparative negligence rule, which means that the plaintiff's damages will be reduced in proportion to their own degree of fault. Additionally, there are time limits, known as statutes of limitations, for filing a personal injury lawsuit in Florida, which vary depending on the specific circumstances of the case.

Suggestions for Further Action:

If you have been injured and are considering filing a personal injury lawsuit in Florida, it is important to seek the advice of an experienced personal injury attorney. An attorney can help guide you through the complex legal process and ensure that your rights are protected. Additionally, an attorney can help you determine the damages to which you may be entitled and evaluate the strength of your case.