When it comes to personal injury claims in Florida, there are a lot of misconceptions out there. That’s understandable since this area of the law can be quite complex and involve a lot of information.
However, there are some very common myths that are easy to bust and should be busted! Here are just a few of the most prevalent myths about Florida personal injury that you need to know.
Myth No. 1: You’re Not Liable Because Florida is a No-Fault State
It is true that Florida is a no-fault state when it comes to car accidents, but that doesn’t take liability out of the equation. Every vehicle in the state is required to have $10,000 in personal injury protection, which is meant to help coverage of the accident no matter who is to blame.
It is still possible for the injured party to sue those responsible for the accident to help cover anything that personal injury protection will not – which can amount to quite a lot in serious accidents.
Myth No. 2: Personal Injury Lawsuits Are Only for Catastrophic Injuries
There are some types of cases that have serious injury thresholds, but those are only applicable in specific types of cases in regard to certain damages. The truth is that you may never know if you’re entitled to compensation for an accident unless you talk to an attorney, even if your injury is minor.
Remember, even injuries that are considered minor may impact you in terms of time off of work and lost wages, as well as medical bills. The bottom line is that you shouldn’t make assumptions about your case, because not everything is black and white when it comes to personal injury claims.
Myth No. 3: A Claim Can Be Filed at Any Time
In the state of Florida, you only have four years to file a personal injury claim, so you don’t have all the time in the world to do it. In some cases, much time can pass before the true depth of the injuries are revealed, which is why the law gives you a four-year period to file a suit.
However, you should still make sure to get medical attention as soon as possible after an accident, and consult with an attorney to see if your case can proceed. If you wait too long, you will lose the right to file and win any type of damages related to the accident.
Myth No. 4: You Are Guaranteed Compensation for Injuries
The whole purpose of retaining an attorney in a personal injury case is to help you recover damages related to your accident – there is no guarantee that you will receive them, and it’s certainly much more difficult to do on your own. Never talk to the other driver’s insurance company before talking to an attorney. Give your own insurance company only the information they need. Never embellish.
The area of personal injury law is complex, and there are a lot of things to understand that may seem complicated to someone without experience. Working with an experienced attorney is your best bet to get the compensation you deserve and to make sure you meet all the deadlines set by the law in your case. You’ve only got one shot to recover damages, so make it count!
About the Author:
Andrew Winston is a partner at the personal injury law firm of Winston Law. For over 20 years, he has successfully represented countless people in all kinds of personal injury cases, with a particular focus on child injury, legal malpractice, and premises liability. He has been recognized for excellence in the representation of injured clients by admission to the Million Dollar Advocates Forum, and named one of America’s Top 100 High-Stakes Litigators. Mr. Winston is AV Preeminent Rated by the Martindale-Hubbell Law Directory, enjoys a 10.0 rating by AVVO as a Top Personal Injury Attorney, has been selected as a Florida “SuperLawyer” from 2011-2021 – an honor reserved for the top 5% of lawyers in the state – was voted to Florida Trend’s ”Legal Elite,” recognized by Expertise as one of the 20 Best Fort Lauderdale personal injury attorneys, named one of the Top 100 Lawyers in the Miami area for 2015-2021, and one of the Top 100 Lawyers in Florida for 2015-2017 and 2019-2021.
