Can I Sue for Negligence in Florida in a Personal Injury Lawsuit?

Accidents can happen to anyone without warning and result in significant physical and financial losses to a victim. Most accidents result from violations of public safety standards by individuals or organizations, and such violations can be legally actionable. While most accidents result in recoverable injuries, some might result in permanent disability, loss of function, or even death. It is, therefore, easy to understand why a victim of an unfortunate incident would want to seek legal action against the negligent party. It would be in their best interest to do so. If you or someone you know was injured due to the negligent conduct of an individual or entity, you can hire an injury lawyer at Kogan & DiSalvo in Vero Beach, FL to sue the offending party through a lawsuit. Here is what you need to know about lawsuits and how to obtain compensation for your accident-related damages in a court of law.

About Personal Injury Law & Negligence

Personal injury law deals with legal disputes related to the harm caused to an individual due to another individual or entity’s direct or indirect actions. The law broadly deals with many accidents, such as slip and fall cases, traffic accidents, malpractice cases, and more. All such incidents involve proof of negligence, which is a legal determination of fault in such lawsuits. To obtain compensation for your damages, you must satisfy the legal components of proving negligence related to the principle of duty of care. You must prove that the defendant owed you a reasonable duty of care, and through their negligent conduct, violated their owed duty. You must also demonstrate that their harmful conduct resulted in physical, emotional, or financial harm, which can be proven with the help of adequate physical evidence.

Can You File a Lawsuit?

Florida is one of the twelve states in the United States that follows a no-fault system that is designed to minimize litigation. However, if your injuries are severe enough and result in damages exceeding the limit stipulated by law, you can file a lawsuit against the offending party to obtain compensation. It is important to remember that there is a deadline by which you must file a claim in court to remain eligible for legal action. Known as the ‘statute of limitations,’ this deadline is four years for most of these types of claims in Florida. That includes traffic accidents, slip-and-fall lawsuits, medical malpractice cases, product liability claims, etc. It is crucial to keep in mind that this deadline can vary according to the circumstances of your incident and the specifics of your claim. For instance, if you want to seek legal action against a government worker or organization, you will have three years to file an initial notice and four years to file a lawsuit. Similarly, there is a two-year limit for cases involving fraud and claims where the effects of the injury manifest later.


Keeping in view the intricacies of personal injury law and the components involved in pursuing a legal claim against a defendant, it is essential to consult a skilled attorney. An experienced attorney will help you file a claim in court, protect your legal rights, and handle all settlement negotiations on your behalf to get justice for your damages. They understand how the system works and they will make sure it works in your favor. It’s best to reach out to a legal team that will fight for you. A good lawyer will see that you get the justice you deserve.

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