- Sternberg Law Office
A personal injury case is a legal claim for money when someone else’s carelessness causes you harm. In Florida, if you were hurt at work, your main route is usually workers’ compensation, but you may also have a personal injury claim against someone other than your employer. This guide explains the difference and when you can pursue both.
Examples of Personal Injury Cases
Sometimes understanding the concept of personal injury cases makes more sense if you have a few examples. Motor vehicle accidents are by far the most common type of personal injury case.
However, there are many other reasons that a personal injury case might arise:
- Being injured on someone else’s property
- Construction accidents
- Work-related accidents
- Medical malpractice
- Slip and fall accidents
- Product liability (malfunctioning or dangerous products)
This short list provides a simple overview of personal injury examples. There are many other unique types of personal injury cases as well. Just because the cause of your injury may not be on this list does not necessarily mean that it is not considered a personal injury.
If you were hurt while working, the next sections explain how a personal injury case fits with workers’ comp.
Personal Injury vs. Workers’ Compensation in Florida
Workers’ compensation and personal injury are two different systems. Workers’ comp is generally your only remedy against your employer, but it doesn’t stop you from suing someone else who caused your injury.
Damages Involved in a Personal Injury Case
A personal injury settlement can cover losses that workers’ comp does not, including:
- Time off from work (lost wages)
- Pain and suffering
- Loss of enjoyment of life or activities
- Medical expenses, including future doctor visits and medication
- Chiropractor visits
- Decreased ability to work in the future (decreased potential earnings)
- Emotional distress
Workers’ comp does not pay pain and suffering, so a third-party personal injury claim can make a big difference for injured workers.
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Statute of Limitations for Personal Injury Cases
Keep in mind that personal injury claims “expire” after too much time has passed following an accident. This is commonly referred to as the Statute of Limitations.
In Florida, most personal injury claims must be filed within two years of the accident. The deadline was shortened from four years in 2023. For workers’ comp, report your injury to your employer within 30 days. If you are found more than 50% at fault, you cannot recover in a personal injury case. Some personal injury cases, like medical malpractice, have a much shorter statute of limitations. If you fail to sue during that time, then you are forever barred from asserting your rights. It is very important to speak with a lawyer as soon as practical after your injury.
The Statute of Limitations serves a few purposes that are worth noting:
- Keeps the evidence and information from going stale—witnesses are more likely to remember events within the statute of limitations period
- Prevents deterioration of evidence, including photographs and physical property
- Allows the defendant to be free from liability eventually, preventing the accident from hanging over him or her for the rest of their life
How Our West Palm Beach Attorneys Can Help
It is possible to file a personal injury lawsuit on your own, but it is not recommended. An experienced attorney can review both your workers’ comp claim and any third-party claim.
The attorneys at Sternberg | Forsythe, P.A. are also experienced enough to know roughly what a case is worth before they even take it to trial or attempt to negotiate a settlement. Those without this type of experience are at a severe disadvantage because they may end up only taking part of what their case is really worth.
Local personal injury attorneys in the West Palm Beach area also know area judges and the local rules, so we are at an advantage when compared to non-local attorney as well. Knowing how to function within the system is one of the huge pluses of using an experienced local attorney.
If you were hurt at work, call (561) 687-5660 for a free case review. We’ll check your workers’ comp benefits and whether you also have a third-party claim. We look forward to hearing from you!
Frequently Asked Questions
Can I sue my employer for a work injury in Florida?
Usually no. Workers’ compensation is generally your only remedy against your employer, except in limited cases such as an employer with no required coverage or intentional conduct.
Can I get workers’ comp and a personal injury settlement?
Yes, if someone other than your employer caused your injury. You can pursue both at the same time.
How long do I have to file a personal injury claim in Florida?
Most personal injury claims must be filed within two years of the accident.
Does workers’ comp pay for pain and suffering?
No. Pain and suffering can only be recovered through a personal injury claim against a third party.
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