If you’ve been injured in Florida, you might feel overwhelmed, confused, or even angry, and that’s completely normal. A sudden accident can turn your life upside down, whether it’s a car crash on I-95, a dog bite in your neighborhood, or a fall at a grocery store. On top of trying to recover, you’re expected to figure out a complicated legal process, deal with insurance companies, and figure out what your rights actually are.
At Winston Law, our Fort Lauderdale personal injury lawyers are here to help you take control. We work closely with injury victims to identify the type of claim they can file, explain how compensation works, and make sure no critical deadlines are missed. If you were bitten, for example, a Florida dog bite attorney from our team can walk you through every step because no one should have to face this system alone.
Common Types of Personal Injury Claims in Florida
Not all injury cases are the same. Personal injury law covers a wide range of incidents where someone’s negligence caused harm. Here are some of the most common types of claims seen by Florida personal injury lawyers:
- Motor Vehicle Accidents: Car, truck, motorcycle, bicycle, and pedestrian accidents make up a large portion of Florida’s injury claims. These crashes can leave lasting physical, emotional, and financial damage.
- Slip and Fall Accidents: Falls often happen when property owners fail to keep their spaces safe. Whether it’s a wet floor or uneven pavement, you may have a valid claim.
- Dog Bites: In Florida, dog owners are often held responsible when their pet bites someone. Even if the dog never showed aggression before, the law may still be on your side.
- Medical Malpractice: When doctors or nurses make serious mistakes, patients can suffer lifelong harm. These claims require showing that medical care fell below accepted standards.
- Nursing Home Abuse: Neglect and abuse in care facilities can leave vulnerable seniors injured or traumatized. Loved ones have the right to take legal action.
- Workplace Accidents: Getting hurt on the job may involve more than just a workers’ comp claim. If another party contributed to your injury, you may have options.
- Product Liability: When a product malfunctions or causes harm, manufacturers or sellers may be legally responsible. These claims often involve defective design or warnings.
- Wrongful Death: If someone dies because of another’s negligence, surviving family members may be able to file a claim. These cases seek justice and financial support for those left behind.
A Fort Lauderdale, FL, personal injury lawyer can help you understand what kind of claim you may have and what steps you need to take to protect your rights. Every case is different, and what works for one person may not work for another. That’s why it’s crucial to have someone who listens, understands your situation, and builds a strategy that fits your needs. You don’t have to go through it alone, and you shouldn’t have to.
What Compensation Is Available in Florida Personal Injury Cases?
Compensation in a personal injury case is meant to make the injured person “whole” again. While money can’t undo the harm, it can cover the losses you’ve experienced. A Florida personal injury attorney can help identify all available damages, which often include:
Economic Damages
Economic damages are the measurable financial losses caused by your injury. These are the most straightforward damages to calculate, and the ones insurance companies tend to focus on first.
- Medical bills: This includes emergency treatment, hospital stays, surgeries, medication, physical therapy, follow-up visits, and projected future medical needs.
- Lost wages: Time away from work means lost income, even if it’s just a few days. Longer recoveries can cause much bigger disruptions to your earnings.
- Loss of earning capacity: If your injury prevents you from returning to your job or limits how much you can earn in the future, you may be entitled to additional compensation.
Non-Economic Damages
Not every loss shows up on a bill. Non-economic damages recognize the emotional, physical, and lifestyle changes you’ve endured. These losses are deeply personal and often the most painful.
- Pain and suffering: This includes the physical pain caused by your injuries, both immediate and ongoing.
- Emotional distress: Psychological harm like anxiety, depression, or PTSD can follow a traumatic accident and impact your relationships, sleep, and mental health.
- Loss of enjoyment of life: If you can no longer do the things you once loved, like hobbies, exercise, or even daily routines, this loss can be included in your claim.
- Scarring or disfigurement: Visible injuries can affect your self-esteem, mobility, and how you engage with the world around you.
Punitive Damages
While most personal injury compensation is meant to restore what you lost, punitive damages are different. They’re designed to punish the at-fault party for especially reckless or intentional behavior, and to discourage others from doing the same. In Florida, these damages are rare and only apply in cases involving gross negligence or intentional harm. State law generally caps them at three times the amount of compensatory damages or $500,000, whichever is greater, under Florida Statutes § 768.73.
If your case might qualify, your Fort Lauderdale personal injury lawyer can explain what that means and how it might affect your compensation.
Statutes of Limitations in Florida Personal Injury Law
Not every injury turns into a legal case, but if you’ve been hurt and want to take action, you don’t have forever to decide. Florida law sets a strict deadline for filing personal injury lawsuits, known as the statute of limitations. If you miss it, even the strongest case may be thrown out.
As of 2023, most personal injury claims in Florida must be filed within two years of the date you were injured. That’s shorter than it used to be, Florida recently changed the deadline from four years under new tort reform legislation (HB 837). You’ll find the law in Florida Statutes § 95.11(4)(a), but the key takeaway is this: if you wait too long, you can lose your chance to seek justice.
Specific Time Limits by Type of Claim
Not every personal injury case follows the exact same timeline. The statute of limitations in Florida can vary depending on the type of claim you’re filing. Below are some of the most common deadlines injury victims need to know:
- General Personal Injury: 2 years
- Medical Malpractice: 2 years from when the injury is discovered, but no more than 4 years from the actual date of harm
- Wrongful Death: 2 years from the date of death
- Claims Against Government Entities: Notice must be filed within 3 years, and additional rules apply under Florida Statutes § 768.28
These deadlines might seem like plenty of time, but the clock starts ticking fast after an injury. Waiting too long can mean losing your right to file a claim altogether. A Fort Lauderdale, FL personal injury lawyer from Winston Law, can help you understand exactly how much time you have and ensure no critical deadlines are missed.
Are There Exceptions to the Statute of Limitations?
Yes, Florida law does allow for limited exceptions to the standard statute of limitations in personal injury cases. These exceptions can give you more time to file, but they’re narrow in scope and often challenged by insurance companies or defense attorneys. A Fort Lauderdale personal injury attorney can help determine whether any of these exceptions apply in your situation. Here are a few key exceptions:
Delayed Discovery
In some cases, injuries or their causes aren’t immediately apparent. For example, if a surgical error isn’t discovered until months later, the statute of limitations may begin from the date the injury was (or reasonably should have been) discovered, not the date of the surgery.
Minors or Legally Incapacitated Individuals
If the injured person is a minor or someone who is mentally or physically unable to file a claim on their own, the clock may be paused until the individual turns 18 or regains capacity. However, there are still limits in certain cases, especially medical malpractice, so it’s critical to act early.
Tolling Due to Fraud, Concealment, or Misrepresentation:
If the at-fault party deliberately hides their wrongdoing, such as a doctor falsifying records to cover up malpractice the statute of limitations may be “tolled,” meaning paused or extended. But proving fraud or concealment can be difficult, and it requires strong legal and factual support.
These exceptions are not automatic and often require significant legal argument. That’s why it’s essential to speak with a Fort Lauderdale personal injury lawyer early. Even if you believe you’ve missed the deadline, a Fort Lauderdale, FL personal injury attorney can help you explore whether any exception might apply and fight to preserve your right to compensation.
Why the Statute of Limitations Matters
The statute of limitations might sound like legal jargon, but it has serious consequences. If you miss the deadline, even by a single day, you can lose your right to file a lawsuit, no matter how strong your case may be. Courts follow these rules closely, and once the time runs out, your legal options are often gone for good.
That’s why it helps to speak with a Florida personal injury lawyer as soon as possible. An attorney can help track important deadlines, gather evidence, and make sure your case is filed properly. Time moves quickly after an injury, and waiting too long can cost you more than just compensation, it can cost you your chance at justice.
What to Do If You Think You Have a Personal Injury Case
If you’ve been hurt and something doesn’t feel right, trust your instincts. Many people hesitate to take the next step because they’re unsure whether they have a valid claim. The truth is, you don’t need all the answers right away.
But speaking with someone who understands Florida personal injury law can make a major difference in how your case moves forward. Getting a Florida personal injury lawyer involved early can help you:
- Protect key evidence like photos, medical records, video footage, and witness statements before they’re lost or forgotten
- Meet legal deadlines by making sure your case is filed within Florida’s statute of limitations
- Understand the true value of your claim, including both immediate costs and long-term losses
- Stand up to insurance companies that may try to get you to settle quickly for less than you deserve
You don’t have to figure everything out on your own. If you think you might have a case, contacting a Fort Lauderdale, FL personal injury attorney can give you clarity, peace of mind, and a clear path forward.
Talk to a Fort Lauderdale, FL Personal Injury Attorney About Your Claim
If you’ve been hurt because of someone else’s carelessness, you may have a valid personal injury claim under Florida law. Whether it was a car crash, slip and fall, or another type of accident, understanding your rights and taking timely action is key. A knowledgeable Fort Lauderdale, FL, personal injury attorney can protect your future and pursue fair compensation.
At Winston Law, we’ve been representing injury victims in Fort Lauderdale and throughout Florida since 1989. We offer free consultations to help you understand your legal options with no pressure and no obligation. Call (954) 475-9666 or contact us online today to speak with a personal injury lawyer who puts your needs first.
