Personal Injury FAQ

Report the incident to the property owner or manager immediately and request a written incident report. Get a copy for yourself. Photograph the hazard, any visible injuries, and the surrounding area before anything is changed or cleaned up. Get witness contact information. Then seek medical attention. Florida property owners have a duty to maintain safe premises, and liability often turns on whether they knew or should have known about the hazard, which is exactly why documenting the scene as it was matters so much.

Liability typically falls on whoever owned, leased, or was responsible for maintaining the property where you fell, a store, restaurant, apartment complex, or homeowner, among others. Florida law doesn’t automatically make a property owner liable just because someone got hurt on their premises. The question is whether they knew, or reasonably should have known, about the hazard and failed to fix it or warn you. Multiple parties can sometimes share responsibility, such as a property owner and a separate maintenance contractor, so identifying every liable party is one of the first things we look at.

Under FL Statute 767.04, Florida follows a strict liability rule: the dog’s owner is generally liable even if the dog had no prior history of aggression. Liability depends in part on whether the victim was lawfully on the property, and provocation or trespassing can reduce a victim’s recovery under Florida’s comparative negligence rules (as reshaped by 2023’s HB 837). For victims who were lawfully present and did not provoke the dog, liability generally stands. Most claims are paid through the owner’s homeowner’s or renter’s insurance policy.

The statute of limitations for dog bite claims is 2 years, the same as most other personal injury claims in Florida. That said, don’t wait years to act. Evidence fades, insurance situations change, and witnesses forget details. Acting promptly gives you the strongest foundation for your claim.

Under Florida’s Wrongful Death Act (FL Statute 768.21), the lawsuit is filed by the estate’s personal representative, but the compensation flows to eligible survivors, typically the spouse, children, and parents of the deceased, depending on the circumstances. The statute specifies which family members can recover and for what types of losses. Getting this right requires an attorney who knows FL Statute 768.21 and can protect every eligible family member’s interests through the process.

Florida wrongful death damages fall into two categories: those recoverable by the estate (medical expenses incurred before death, funeral and burial costs, and the income the deceased would have earned) and those available to surviving family members (loss of support and services, loss of companionship, and mental anguish). The specific types of damages each family member can recover, spouse, adult child, minor child, parent, are defined under FL Statute 768.21 and vary depending on the relationship. An attorney familiar with the Wrongful Death Act is essential to making sure every eligible loss is accounted for.

Florida’s statute of limitations for wrongful death is generally two years from the date of death under FL Statute 95.11. In medical malpractice wrongful death cases, additional pre-suit notice requirements apply under FL Statute 766, which adds procedural steps that require lead time to complete. Starting early allows us to preserve evidence, engage necessary experts, and build the strongest possible case for your family before any deadlines create pressure.

Compensation in SCI cases typically covers emergency and acute medical care, surgeries, long-term rehabilitation, lifetime care expenses, adaptive equipment, home modifications, lost income and earning capacity, and significant non-economic losses including pain and loss of quality of life. For severe injuries, lifetime care costs can run into the millions, which is why life care planners and economic experts, not just current medical bills, are central to properly valuing these cases. We won’t recommend settling an SCI case before that full picture is built.

Traumatic brain injury, which is also known as a brain injury or head injury, occurs when a blow or jolt to the head results in damage to the brain. And a traumatic brain injury can range in severity from mild to severe. A mild traumatic brain injury occurs when a person has a brief change in their mental status or a loss of consciousness. It’s most commonly known as a concussion and often goes undiagnosed and therefore the person who suffers that type of loss doesn’t usually get the benefits that they need. Severe traumatic brain injury involves a loss of consciousness for hours or days or weeks and can result in permanent disability.

Well, there are many factors that determine the amount of compensation you can receive for a brain injury. They include things such as the extent of the injury, meaning how severe the traumatic brain injury was, the age of the injured party, who’s responsible for the injury, how much insurance coverage is available to compensate someone for that injury. All of these are specific factors to look at when trying to determine range or value for compensation.

Most employees in Florida are covered. Employers with four or more employees and any employer in the construction industry with at least one employee, are generally required to carry workers’ comp insurance. You’re eligible if you’re an employee (not an independent contractor) who suffered a work-related injury or illness in the course of employment, whether on-site, at a client location, or during work-related travel. Coverage is based on the employment relationship and the injury’s connection to work. If you believe you’ve been misclassified as a contractor to avoid coverage, an attorney can evaluate that.

Report the injury to your employer as soon as possible. Florida law requires reporting within 30 days (FL Statute 440.185), but doing so promptly protects your claim. Seek medical attention through your employer’s workers’ comp carrier; in most cases your employer has the right to direct you to their authorized treating physician. Document the incident carefully: write down exactly what happened, when, where, and who witnessed it. Keep records of all treatment, expenses, and correspondence. If your employer sends you anything to sign, read it carefully, and consider having an attorney review it first.

A denied claim isn’t the end. In Florida, you have the right to challenge a denial by filing a Petition for Benefits with the Office of the Judges of Compensation Claims (FL Statute 440.192). The process typically involves mediation and, if unresolved, a hearing before a Judge of Compensation Claims. Common denial reasons include disputes over whether the injury was work-related, late reporting, or policy violations. An experienced workers’ comp attorney can evaluate the denial, gather supporting evidence, and represent you through the dispute process.

Florida workers’ compensation provides medical benefits (all necessary treatment related to the injury), temporary total disability (TTD) payments. At the same time, you’re unable to work, typically 66.67% of your average weekly wage under FL Statute 440.15, permanent impairment benefits if you sustain lasting damage, and vocational rehabilitation if you can’t return to your prior job. Death benefits are available to dependents if the injury is fatal. Workers’ comp does not cover pain and suffering, which is one reason a separate third-party personal injury claim may also be available if someone other than your employer contributed to your injury (such as a negligent equipment manufacturer).

Generally, there are two types of damages a lawsuit addresses, compensatory and punitive damages.
Compensatory damages are those awarded to compensate a victim for what is lost, both economic and noneconomic. Economic damages, called “special damages,” account for dollars-and-cents losses the accident victim experiences. They are usually fairly straightforward to calculate. Medical bills and repair costs can be quickly tallied up with receipts and estimates. The only danger is neglecting to claim more obscure costs, like medical care contractors, or predicting future costs, like rehabilitation.
Economic compensatory damages include medical treatment, income loss, property loss.
Non-economic damages, called “general damages,” may be subjective and more difficult to calculate.
Non-economic compensatory damages include pain and suffering, eEmotional distress, loss of enjoyment, loss of consortium.
Compensatory damages are awarded in an attempt to help the claimant get back what has already been spent and what has been lost due to inability to engage in normal activities, including work. Claimants may also be compensated if their enjoyment of life has been reduced due to a car accident, including changes in their relationship with their spouse, family, and friends.
Punitive damages are not meant to compensate for any economic losses or physical stress. They are intended to punish the party at fault for the accident.
Importantly, punitive damages are not awarded in cases where a car accident injury claim was settled out of court. The case must go through a trial process, and punitive damages are awarded by a jury at the conclusion of a verdict in favor of the plaintiff (injury victim). Punitive damages are rarely awarded in anything but the most egregious of cases, and most states have a cap.
Florida, for instance, limits the money paid in punitive damages to either three times the amount of compensatory damages or $500,000, whichever is greater.
A number of factors go into a verdict deciding how much is paid out in punitive damages after an accident. Already paid medical expenses, future medical expenses, time spent recuperating, loss of income from work, or loss of enjoyment are all considered.
Punitive damages may be available if your accident involves extreme reckless conduct or negligence. Because of this possibility, it’s always worth evaluating your case with the help of an experienced car accident attorney before you accept a liability insurer’s first settlement offer.

Settlement offers are made in writing and must state the total of compensation being offered before the claim can be settled. Insurers make settlement offers and are often responsible for paying legal fees when their policyholders cause harm.
Different insurers use different settlement formulas to determine the appropriate amount of compensation. The aim is to make it easier to determine non-economic damages, such as for pain and suffering or emotional distress.
One common formula is the per-diem formula, which takes into account the number of days the victim was in pain, frequently using their wages as a guide to pay a daily rate. Another method involves calculating actual losses and then applying this amount by a “pain multiplier”, typically a number between 1.5 and 5.
Other factors that are considered include severity of injuries, costs of reasonable and necessary medical expenses, loss of past and future wages.
Degree of fault for the accident. Florida, for instance, follows the “pure comparative negligence doctrine” laid out by Statute §768.81, which means damages can be barred or reduced according to your degree of fault.
The types of insurance both parties have
The amount of evidence and documentation you provide
Your attorney’s ability to argue your case
While your insurance company may use these factors and formulas to determine how much compensation they pay out, you are under no obligation to take their first offer. Like all businesses, they exist to make money. Accordingly, they may offer a low-ball claim to keep from cutting into their profit margin.