Accident Litigation in Florida
For many years, traditional law held that a party could only be responsible for injuries that were the result of their “intentional” acts. If a person did not “intend” to injure another person, then he/she could not be held liable for the action that caused the injury. Vastola & Associates practice accident litigation in Stuart. We represent victims of personal injuries and wrongful death cases.
The Doctrine of Negligence in Florida Litigation
The legal doctrine of negligence changed the landscape of accident injury litigation in Stuart and throughout Florida. Negligence is the failure to use reasonable care. It now plays a major role in Florida accident suits.
Example of negligence in Florida litigation:
In June 2000, David Medlin was a passenger in a car that overturned when the driver lost control of the vehicle along Rt. 60 near Lake Wales, Florida. Medlin sued the driver of the car and the owner of the car. A Florida jury awarded Mr. Medlin $9.5 million for the negligence that resulted in his becoming a quadriplegic (www.injuryboard.com).
The Doctrine of Strict Liability in Florida Litigation
Since 1976, Stuart and the state of Florida have recognized the doctrine of strict liability.
- Strict liability is a legal concept that holds a party responsible for injuries or damages, regardless of any fault or negligence on their part.
- In strict liability cases, the defendant is found responsible for the events that caused the injury, even though they were not directly involved.
- An example of strict liability litigation: a manufacturer is responsible for injuries to a person who uses its defective product, even if the manufacturer exercised all reasonable care.
- The statute of limitations for filing a strict liability case in Florida is four years from the date of injury.
Florida – Litigation in a “No-Fault” State
Florida is a “no-fault” insurance state. This means that unless a serious injury occurs, accident victims must usually seek damages from their own insurance company.
Florida’s “no-fault” law expired in October 1, 2007 after lawmakers were unable to agree on how to reform the law. In January 2008, however, the law was finally reenacted with reforms designed to limit fraud (www.iii.org/media/hottopics/insurance/nofault):
- To help eliminate claims from fraudulent medical centers, limits have been set on the type of healthcare providers that can be reimbursed.
- Payments for medical care can only be made when provided, ordered or prescribed by authorized healthcare providers.
- Limits have been set on fees for medical care provided under the law.
Given the history and changing landscape of Florida accident litigation, it’s important to work with a Stuart accident injury lawyer who is familiar with accident litigation rules in your state.
