Howard Coker | April 15, 2025 | Personal Injury
What Is Personal Injury Law?
Personal injury law refers to the legal area that allows someone who has been physically, emotionally, or financially harmed to seek financial compensation. The injured party, or plaintiff, can bring a claim against the party allegedly responsible, called the defendant, to recover damages. The goal is to “make the plaintiff whole” through monetary compensation for their losses.
What Are Common Types of Personal Injury Cases in Florida?
Florida personal injury law applies to a wide variety of incidents.
Some of the most common types of personal injury cases include:
- Car accidents: These often result from distracted driving, speeding, or impaired driving and are among the most frequent causes of injury claims in the state.
- Truck accidents: These cases typically involve large commercial vehicles that cause severe injuries due to their size, weight, and momentum.
- Motorcycle accidents: Riders face high risks of injury because they lack the physical protection provided by cars or trucks.
- Slip and fall accidents: These incidents usually happen because of unsafe property conditions, such as wet floors, broken handrails, or uneven pavement.
- Medical malpractice: Patients may suffer serious harm when healthcare providers make misdiagnoses or surgical mistakes.
- Dog bites: Florida law holds pet owners strictly liable when their dogs attack others, even if the animal has no history of aggression.
- Defective products: Injuries may occur when consumers use items that are poorly designed, manufactured with flaws, or sold without proper safety warnings.
Each of these types of cases comes with its own challenges, but personal injury law can be a path for compensation. An experienced Jacksonville personal injury lawyer can help you understand what laws may apply to your case and what compensation may be available.
What Types of Damages May I Recover with Personal Injury Law?
A successful personal injury claim in Florida may include several types of damages:
- Economic damages: These include your measurable expenses such as medical bills, rehabilitation expenses, lost wages, and property damage.
- Non-economic damages: These include your intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
Understanding the full scope of damages available is important since insurance companies may otherwise try to undervalue your claim. An experienced personal injury lawyer can help you fight for fair compensation for your immediate and long-term losses.
What Are the Elements of a Jacksonville Personal Injury Case?
Most personal injury claims are rooted in the idea of negligence. The injured party, or plaintiff, has the burden in such cases to prove four key elements.
These elements include:
- Duty of care: The defendant had a legal obligation to act in a way that avoids causing harm to others.
- Breach of duty: The defendant failed to fulfill that duty, either through action or inaction.
- Causation: There must be a direct link between the breach of duty and the injuries suffered.
- Damages: The plaintiff experienced real physical, emotional, or financial harm.
All four elements must be present to establish liability. Failing to prove even one element may cause your claim for damages to be unsuccessful.
Comparative Negligence in Florida
Florida follows a modified comparative negligence rule. This means that if an injured person is found to be partially at fault for their own injury, their compensation will be reduced proportionally. The plaintiff can recover damages so long as they are less than 51 percent at fault. This is known as the 51 percent bar.
This rule makes it important to gather strong evidence. An insurance company or defendant may try to shift more of the blame onto you to avoid paying compensation. However, an experienced Jasonville personal injury lawyer can help you hold them accountable for what they rightfully owe.
Have a Personal Injury Case? A Jacksonville Personal Injury Lawyer Can Help
Personal injury law in Florida protects people harmed by negligence, but navigating the legal system can be complicated. Each case presents unique challenges, from establishing liability to proving your damages. If you have been injured, do not try to go it alone. Consult with an experienced Florida personal injury lawyer about your rights and options.
Contact The Personal Injury Law Firm of Coker Law Personal Injury Lawyers For a Free Consultation
For more information, please contact the Jacksonville personal injury law firm of Coker Law Personal Injury Lawyers and schedule a free consultation today.
We serve Duval County and its surrounding areas.
Coker Law Personal Injury Lawyers
136 E Bay St #5438
Jacksonville, FL 32202
(904) 356-6071
Find us with our Geo Coordinates: 30.32569719086265, -81.65515220132858
