Personal injuries and accidents occur at any time and anywhere. Therefore, you might have a lawsuit against a business for personal injury if you are injured on their property, by a defective product, or slip and fall. However, how do you sue a business for personal injury in St. Petersburg, FL?
When Is a Florida Business Liable for a Person’s Injuries and Damages?
Personal injury victims file claims against businesses in the same manner they would sue an individual for a claim. Most business injury claims in Florida are based on general negligence. The business may be liable for your damages if you can prove:
- The business owed you a legal duty of care;
- The business breached the duty of care;
- The breach of care was a direct and proximate cause of your injuries; and,
- You incurred damages as a result of the negligent conduct of the business.
A business could also be liable for damages in a personal injury claim for other causes of action. For example, a business could be liable under product liability law for injuries caused by a defective product.
A company could be strictly liable for injuries if it engages in an abnormally dangerous activity, such as transporting nuclear materials or blasting. A business can also be liable for damages caused by its employees under vicarious liability.
Suing a business for a personal injury is not difficult. You hire a St. Petersburg personal injury lawyer to draft and file the complaint. However, the challenge you face is proving the legal elements to establish liability. If you can prove all legal elements of your case by a preponderance of the evidence, the business is not liable for your damages.
Suing a Business for Personal Injury in St. Petersburg, FL – What Damages Can I Recover?
A business is liable for compensatory damages if it is legally responsible for causing your injuries and damages. Therefore, you can recover economic damages when you sue a business. Examples of economic damages the business might be required to pay include:
- Medical bills and expenses
- Surgeries and rehabilitative therapies
- In-home personal and/or nursing care
- Ongoing medical bills for permanent conditions
- Past and future lost wages and benefits
- Property damage
- Out-of-pocket expenses
- A decrease in future earning capacity because of permanent conditions
The business may also be liable for your non-economic damages. These damages include the pain, suffering, and other intangible harm caused by the accident and injury. Examples of non-economic damages include:
- Physical pain and suffering
- Diminished quality of life
- Scarring and disfigurement
- Mental anguish
- Loss of enjoyment of life
- Emotional distress
- Disabilities and impairments
If your case goes to court, a jury could award punitive damages if you prove the business is guilty of gross negligence or intentional misconduct. Punitive damages are only awarded in a small number of personal injury lawsuits. The damages are a form of punishment for the at-fault party’s conduct.
What Is the Statute of Limitations for Suing a Business for Personal Injury in Florida?
A statute of limitations is a deadline for filing a personal injury lawsuit. Florida courts can dismiss lawsuits filed after the statute of limitations expires. Judges are not required to review the case to determine if the injured party has a valid claim before dismissing the case.
The same statute of limitations on claims applies to businesses and individuals being sued for personal injury. The deadline depends on the type of case being filed and other factors.
Florida recently changed the statute of limitations for most negligence-based personal injury claims. The deadline was cut from four years to two years, beginning with cases occurring on March 24, 2023. If you were injured before that date, you might have four years to file a lawsuit against a business in Florida.
However, the statute of limitations for intentional torts and strict liability remain at four years. Likewise, the statute of limitations for medical malpractice and wrongful death claims remains as they were at two years.
It is important to note that exceptions to the statute of limitations, the parties involved in the case, and other factors could shorten or lengthen the deadline to file a lawsuit against a business. It is wise to seek legal advice from a St. Petersburg personal injury lawyer as soon as possible after an injury or accident to avoid losing your right to bring a claim.
Do I Need an Attorney to Sue a Business for Personal Injury in St. Petersburg, Florida?
It is strongly recommended that you hire an experienced St. Petersburg personal injury lawyer to pursue a personal injury claim against a business. A company likely has substantial resources to fight your claim. It can hire the best defense law firms and expert witnesses.
Without an attorney, you are going up against a team of legal professionals with one goal ? to protect their client from liability by winning the case. Doing this alone is unlikely to give you the outcome you desire. Most personal injury attorneys offer free consultations, so you can discuss your case with an attorney for free.
