LEGALLY REVIEWED BY
Michael Hersh and Ian Kirtman, Trial Attorneys
November 26, 2023
Attorneys Michael Hersh and Ian Kirtman are experienced personal injury attorneys who have won their clients more than $100 million in verdicts and settlements throughout their 30 years of experience.
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Being injured in a devastating accident can be traumatizing, both physically and emotionally, for victims. While the aftermath of a truck accident may be stressful and overwhelming as you try to recover from your injuries, you may be able to hold the liable party responsible for the harm they have caused you. However, there are several laws you should know of that could affect your Florida truck accident case.
At Hersh Kirtman Injury Law, our team of personal injury lawyers handles a wide variety of cases, including truck accidents. Our team of skilled lawyers has extensive experience helping clients navigate the Florida claims process as they pursue justice for their truck accident injuries.
Four Florida Laws That May Affect Your Truck Accident Case
After a truck accident leaves you injured, the last thing you want to do is add to your stress and try to understand the legal process of filing a personal injury claim. That is where a trusted personal injury lawyer comes in. Not only will your lawyer be able to guide you through your legal options and the steps to file your claim, but they will also make sure you understand the law that applies to your case, including the four Florida laws discussed below, each of which may impact your truck accident case.
Florida’s No-Fault Law
The State of Florida is a no-fault state for vehicle crashes like those involving trucks. This means that, in most cases, your personal injury lawyer will file a claim with your own auto insurance company to obtain personal injury protection benefits. These benefits pay for a certain portion of your medical expenses regardless of who was at fault for the crash.
Proving Negligence in Your Case
Truck accident victims, many of whom will have suffered serious injuries, must prove liability on the part of the at-fault driver, motor carrier, or whoever else may be responsible. To establish your right to fair compensation, you will need evidence showing the four elements of negligence. These elements are as follows:
- The liable party owed you a duty of care
- The liable party breached the duty of care
- The breach of duty led to your truck accident and injury
- You suffered losses as a result
Your truck accident lawyer can collect this evidence by launching a full investigation into your case.
Statute of Limitations for Truck Accidents
The statute of limitations imposes a deadline for initiating legal action after a personal injury accident occurs. In Florida, the statute of limitations for a truck accident is two years, and the clock starts from the day the accident occurred. Failing to file a claim within these allotted two years would mean forfeiting your legal right to collect compensation for your losses.
Comparative Negligence
As of March 24, 2023, section 768.81, Florida Statutes, was amended to change comparative negligence in Florida to a modified comparative negligence standard rather than pure comparative negligence for the first time in 50 years. This means that in all personal injury cases other than for medical malpractice, if the plaintiff is found to be more than 50% at fault, the plaintiff is ineligible to recover any damages for their losses. To better understand Florida’s comparative negligence laws and get help with your truck accident case, contact a trusted lawyer today.
Get Help With Your Truck Accident Claim at Hersh Kirtman Injury Law
Being injured in a truck accident due to a negligent party’s actions can be upsetting and stressful as you try to recover and seek justice for your losses. To ensure that the liable party is held responsible and you fully understand your legal options, our truck accident lawyers can help you file a personal injury claim to ensure you get the compensation you deserve.
At Hersh Kirtman Injury Law, we provide clients with the experience and trusted representation they need to file a strong truck accident claim. To schedule a free case evaluation with one of our Florida lawyers, contact us today by filling out our contact form or giving us a call at (561) 208-3700.
