Florida’s Impact Law Affects Personal Injury Compensation
If you have been injured in an accident due to someone else’s negligence or misconduct, you may be able to obtain compensation for your injuries and losses. However, there may be limits on the amount of money that you can get due to impact damages caps, otherwise known as impact laws, in the State of Florida. These impact laws mean that payments or awards for pain and suffering, lost wages, cost of future care, and out-of-pocket expenses might be limited.
Before you work with a personal injury attorney on your claim, you should have an idea of the rules and regulations that will impact your case, which include potential limitations on compensation that you might face.
Understanding the Florida Impact Law
In 2011, the Florida legislature passed impact laws that were designed to lower the amount of non-economic damages in personal injury lawsuits. These changes meant that, if a person is injured due to another individual’s negligence, they can receive non-economic damages, including pain and suffering. These damages are typically calculated based on a specific set of factors such as the person’s age, pre-injury quality of life, and physical or mental disabilities resulting from the injuries.
The idea behind impact laws was to ensure that these awards were based on a set of objective data so that certain allotments would not be made in excessive amounts over other similar claims. Essentially, the damage caps were put in place to prevent unnecessary lawsuits, which places the burden of proof on the victim in most circumstances.
Notable Exceptions for Florida’s Impact Law
Much like any other law, there are certain situations that allow for an exception to the impact laws in a personal injury case. For instance, it might be possible that an individual can receive compensation for non-economic damages if they:
- Inhale a harmful substance that can result in long-term damage
- Ingest a foreign object as a result of a defective product
- Witness the preventable injury or death of a loved one
- Experienced a breach of privacy by a mental health professional
- Had their HIV+ status released without their consent
All personal injury cases should be taken seriously, even if it can seem daunting to pursue them. If you or someone you love has experienced a serious accident or endured lasting psychological and emotional damage as a result of another individual’s actions, it is important that you understand your rights and bring your case before a court of law.
Impact Laws and Personal Injury Cases in Florida
The general approach to Florida’s impact laws in personal injury cases is that a victim must have experienced some level of physical harm in order to qualify for non-economic damages. The exception for this is an individual who has witnessed a loved one experience serious harm or death, as well as anyone that endured grief or mental anguish resulting from a preventable accident.
Impact laws require that the victim proves their injuries were sustained during the accident in question and that they are life-altering in some capacity. This can be a challenge for victims who are still in recovery from the injuries they sustained, and one of the best solutions is to work with an attorney who can help litigate and build a strong personal injury case.
Contact a Respected Personal Injury Attorney in Florida
If you are facing a personal injury case, you don’t have to do it alone. It can be hard for victims to pursue the compensation they deserve for the harm they experienced. That’s why The Umansky Law Firm is dedicated to working with individuals who are pursuing personal injury cases in Florida and helping them successfully take their case to court.
Don’t wait another day to seek justice for your injuries. Call our office or reach out to us online to schedule a virtual consultation with one of our expert personal injury attorneys.
