Miami, Florida, Is There a Cap on How Much Damage I Can Claim After an Injury?

Mar 3, 2020 2:05 AM ET

Personal injury cases in Florida can lead to a significant amount of compensation for the victim of the accident. A person is often eligible to get compensated for both their tangible damages and for punitive damages as well.

Punitive damages mean that the party who is guilty must pay an extra amount of compensation on top of the amount to cover one’s medical bills and other bills incurred due to the accident. The point of punitive damages is to penalize the individual for their reckless behavior and punitive damages are not charged unless the person acted in a very irresponsible or malignant manner.

A person can generally claim as much as they need to cover their bills. However, in Florida, there is a damage cap for punitive damages. A person cannot claim more than $500,000 in punitive damages and they also cannot claim more than three times their other damages either. Otherwise, there is no legal limit to how much money a person can get after they face a personal injury. Calling a personal injury lawyer is a good way to get an estimate of how much a person is entitled to and what sort of damages they can claim.

 

How much time do I have to file my claim?

Anyone filing a personal injury claim has up to four years after their injury to file a lawsuit in a civil court in Florida. If this deadline is not met and a person fails to file a legal claim within this window of time, their case will lose its value and the court will most likely refuse to hear the case at all. There are always exceptions to the rules and there are some cases in which a person can file a late claim and still have their case approved.

A person should get in touch with a lawyer to discover whether they are still eligible to apply for a personal injury claim and to get help with the entire legal process, which can be lengthy and tedious, especially for someone who is not familiar with their rights and the legal protocol associated with making personal injury claims.

The details of who is held responsible and how much a person is eligible to claim vary significantly depending on how the injury occurred and how many people were involved in the accident. Dog bite injuries will have different verdicts then claims made for car accident injuries. The only way to ensure that a person is getting appropriately compensated for all their losses is to make sure they are taking the proper legal steps from the very beginning of their case. Even though individuals have up to four years to file a claim, it is always best to start moving as quickly as possible because circumstances can change as time passes and it may not even be possible to communicate with the individual who caused the injuries a few years down the road.

 

 

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