Answers to Common Legal Questions for Florida Personal Injury & Accident Law

General Legal Questions

How long do I have to file a lawsuit in Florida?

The statute of limitations varies depending on the type of case. For personal injury claims, Florida allows four years from the date of the injury, while wrongful death claims have a two-year limit. Exceptions may apply, so it’s crucial to consult an attorney as soon as possible. Jimenez Law Firm can ensure you meet all filing deadlines.

How does Florida’s comparative negligence rule impact my case?

Under Florida’s comparative negligence rule, your compensation may be reduced by your percentage of fault. For example, if you are 20% responsible for an accident, you can still recover 80% of your damages. Jimenez Law Firm will work to minimize your assigned fault and maximize your recovery.

What should I look for in a personal injury attorney?

Look for a Jacksonville injury attorney with experience, a strong track record, and clear communication skills. At Jimenez Law Firm, we combine legal expertise with personalized service to deliver exceptional results for our clients. Contact us today for a free consultation.

Vehicle Accidents

What should I do immediately after a car accident in Florida?

After a car accident in Florida, your first priority is safety. Move to a safe location if possible, check for injuries, and call 911 to report the accident. Obtain a police report, which will be crucial for your insurance claim and any potential legal action. Collect the contact and insurance information of all parties involved, and document the scene with photos and notes. Florida is a no-fault state, meaning your personal injury protection (PIP) insurance will cover your initial medical expenses, but you may still need a lawyer to recover additional damages. Contact Jimenez Law Firm to ensure your rights are protected and to navigate the complexities of no-fault laws.

How can I prove that the other driver was at fault in a truck accident?

Proving fault in a truck accident requires a thorough investigation. Key evidence includes the police report, eyewitness statements, and any traffic camera footage. Additionally, the truck’s black box data and driver logs can reveal whether the driver violated hours-of-service regulations or was speeding. Florida follows a comparative negligence rule, so even if you were partially at fault, you might still recover damages. Jimenez Law Firm has the resources and expertise to gather and analyze evidence to build a strong case.

Do I need insurance to file a claim for an ATV accident?

Yes, having insurance is important, but the specific requirements depend on the circumstances of your case. Florida law does not require ATVs operated on private property to be insured, but if the ATV accident occurs on public land, insurance may be necessary. If another party’s negligence caused the accident, you may file a claim against their liability insurance. Jimenez Law Firm can help you understand your options and pursue compensation, even if you lack ATV-specific insurance.

What are the most common causes of aviation accidents, and who can be held responsible?

Aviation accidents often result from pilot error, mechanical failure, poor maintenance, or air traffic control mistakes. Liability can extend to multiple parties, including the airline, aircraft manufacturer, or maintenance providers. In Florida, aviation accident cases are complex and often involve federal regulations. Jimenez Law Firm works with aviation experts to identify the responsible parties and ensure victims receive fair compensation.

Can I still file a claim if I was partially at fault in a bicycle accident?

Yes, under Florida’s comparative negligence rule, you can file a claim even if you were partially at fault for a bicycle accident. Your compensation will be reduced by your percentage of fault. For instance, if you were 20% responsible for the accident, you would still recover 80% of your damages. At Jimenez Law Firm, we can help mitigate claims of comparative negligence to maximize your recovery.

What compensation can I seek after a boating accident?

Compensation after a boating accident may include medical expenses, lost wages, pain and suffering, and property damage. If the accident resulted from another party’s negligence—such as an operator’s intoxication or failure to follow safety regulations—you may file a claim against them. Florida’s waterways are governed by specific boating laws, and Jimenez Law Firm has extensive experience handling such cases.

Is the golf cart driver required to carry insurance in Florida?

In Florida, golf cart insurance is not legally required unless the cart is being used on public roads. However, if a golf cart accident occurs, the driver’s homeowner’s or auto insurance policy might provide coverage. Determining liability and pursuing compensation can be challenging, which is why Jimenez Law Firm is here to help clarify insurance coverage and legal options.

What are the most common injuries in motorcycle accidents, and how are they compensated?

Common injuries in motorcycle accidents include traumatic brain injuries, spinal cord injuries, fractures, and road rash. Compensation may cover medical expenses, lost wages, pain and suffering, and, in severe cases, long-term care. Florida requires motorcyclists to carry at least $10,000 in PIP insurance, but this is often insufficient. Jimenez Law Firm can help you pursue additional compensation from the at-fault party’s insurance.

How can I claim damages for a pedestrian accident caused by a distracted driver?

To claim damages for a pedestrian accident, you must demonstrate that the driver’s distraction caused the accident. Evidence such as phone records, witness statements, and traffic camera footage can be critical. Florida law protects pedestrians and allows them to seek compensation for medical expenses, lost wages, and pain and suffering. Jimenez Law Firm specializes in pedestrian accident cases and will ensure your rights are upheld.

Who is liable in a train accident caused by equipment failure?

In cases of equipment failure, liability may rest with the train manufacturer, maintenance providers, or the railway company. Federal and state laws govern train accidents, making these cases complex. Jimenez Law Firm works with experts to investigate equipment failures and secure compensation for victims.

How can I claim damages for a pedestrian accident caused by a distracted driver?

If you are injured in a rideshare accident, including Uber and Lyft accidents, report the incident through the app and seek medical attention immediately. Rideshare companies provide up to $1 million in insurance coverage during rides, but determining fault and accessing compensation can be tricky. Jimenez Law Firm will navigate the insurance claims process and fight to secure the damages you deserve.

Personal Injury

What qualifies as a catastrophic injury in Florida?

A catastrophic injury is one that permanently impairs a person’s ability to perform gainful work or live independently. Examples include traumatic brain injuries, spinal cord injuries, amputations, and severe burns. In Florida, victims of catastrophic injuries can seek compensation for medical expenses, lost earning capacity, pain and suffering, and ongoing care needs. Jimenez Law Firm has extensive experience advocating for clients with life-altering injuries.

What should I do after a workplace injury?

After a workplace injury, notify your employer immediately and seek medical attention. Florida requires most employers to carry workers’ compensation insurance, which covers medical expenses and lost wages. However, if a third party, such as a contractor or equipment manufacturer, contributed to the injury, you may file a personal injury claim. Jimenez Law Firm can help you explore all avenues of compensation.

How are damages calculated in a wrongful death claim?

Damages in a wrongful death claim may include medical expenses incurred before death, funeral costs, lost income, and loss of companionship. Florida law allows immediate family members to file a claim within two years of the decedent’s passing. Jimenez Law Firm offers compassionate and skilled representation to families navigating this challenging process.

Real Estate Law: Closing, Title, and Related Issues

What is the purpose of a title search during a real estate transaction?

A title search ensures that the property being sold is free of liens, encumbrances, or other legal issues that could affect ownership. In Florida, title searches are a critical part of the closing process, as they verify the seller’s legal right to transfer the property and protect the buyer from future disputes. Jimenez Law Firm can guide you through the title search process to ensure a smooth and secure transaction.

What happens during the real estate closing process in Florida?

During the closing process, all legal and financial matters related to the property transfer are finalized. This includes signing the purchase agreement, transferring funds, and recording the deed with the county. The buyer and seller will also review and sign various documents, such as the settlement statement and loan paperwork. Jimenez Law Firm ensures that all closing documents are accurate and that your interests are protected throughout the process.

What is title insurance, and do I need it in Florida?

Title insurance protects buyers and lenders from financial loss due to defects or disputes related to the property’s title. In Florida, purchasing title insurance is highly recommended because it covers issues such as undisclosed liens, forged documents, or errors in public records. Jimenez Law Firm can help you understand title insurance policies and ensure that you’re adequately protected.

What are common issues that arise during the closing process?

Common issues during closing include title defects, unresolved liens, last-minute financing problems, or disputes over contract terms. These issues can delay or derail the transaction if not addressed promptly. Jimenez Law Firm provides proactive legal support to resolve these challenges and keep the closing process on track.

What are the buyer’s responsibilities during closing?

The buyer is responsible for securing financing, obtaining title insurance, reviewing all closing documents, and ensuring that all contingencies in the purchase agreement are satisfied. In Florida, the buyer often pays for the title insurance, although this can vary by county. Jimenez Law Firm can help buyers navigate their responsibilities and avoid costly mistakes.

Who is responsible for paying closing costs in Florida?

In Florida, closing costs are typically shared between the buyer and seller. The buyer usually covers expenses like title insurance and lender fees, while the seller may pay for the deed transfer tax and real estate agent commissions. However, these costs are negotiable and should be outlined in the purchase agreement. Jimenez Law Firm can review your agreement to ensure all terms are fair and transparent.

What should I do if there’s a title dispute after closing?

If a title dispute arises after closing, such as a claim from a previous owner or an undisclosed lien, your title insurance policy should provide coverage. However, resolving the issue may require legal action. Jimenez Law Firm can represent you in title disputes and work to protect your ownership rights.

How does Florida law protect buyers and sellers during real estate transactions?

Florida law requires full disclosure of known property defects and provides legal remedies for fraud or misrepresentation. The state also regulates escrow accounts and ensures that funds are handled securely during the transaction. Jimenez Law Firm is well-versed in Florida real estate law and will advocate for your rights throughout the buying or selling process.

What role does an attorney play in a real estate closing?

A real estate attorney ensures that the closing process complies with Florida law and that all documents are accurate and legally binding. They review contracts, handle title issues, and address any legal concerns that arise during the transaction. With Jimenez Law Firm, you’ll have peace of mind knowing that your closing is handled with precision and care.

Traffic Violations Law

What should I do if I am pulled over for a traffic violation in Florida?

When pulled over, remain calm and comply with the officer’s requests. If you are issued a citation, review the details and consider your options. Florida allows you to pay the fine, attend traffic school, or contest the ticket in court. Contesting a ticket can help avoid points on your driving record and increased insurance rates. Jimenez Law Firm specializes in defending clients against traffic violations and protecting their driving privileges.

Can I fight a suspended license in Florida?

Yes, you can contest a license suspension by requesting a hearing with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Grounds for challenging a suspension may include procedural errors or insufficient evidence. Jimenez Law Firm can represent you at the hearing and work to restore your driving privileges.

How do Florida’s speeding laws work?

Florida enforces both absolute and presumed speeding laws. Absolute speeding occurs when you exceed the posted limit, while presumed speeding involves driving at an unsafe speed for conditions. Penalties include fines, points on your license, and potential insurance rate increases. Jimenez Law Firm can assess your case and develop a speeding ticket defense strategy tailored to your circumstances.

What happens if I am caught driving without insurance in Florida?

Driving without insurance in Florida can result in fines, license suspension, and vehicle impoundment. The state requires drivers to carry minimum liability coverage, and failing to comply can have severe legal and financial consequences. Jimenez Law Firm can help you navigate the penalties and work toward resolving the issue.

Contact Jimenez Law Firm, P.A. Today

If you or a loved one has been injured, don’t wait to seek legal help. Contact Jimenez Law Firm, P.A. at (904) 559-5600 for a free consultation.

Areas We Serve in Jacksonville, Florida

Jimenez Law Firm, P.A. proudly serves all neighborhoods in Jacksonville, including:

  • Arlington
  • San Marco
  • Riverside
  • Avondale
  • Baymeadows
  • Southside
  • Orange Park
  • Jacksonville Beach
  • Neptune Beach
  • Atlantic Beach
  • Fernandina Beach
  • Ponte Vedra Beach
  • Northside Jacksonville
  • Westside Jacksonville

No matter where you are in Jacksonville, we’re here to provide expert legal support.

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Tuesday: 8:30AM – 5PM
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Thursday: 8:30AM – 5PM
Friday: 8:30AM – 4PM
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