Personal injury cases can be difficult to prove since you must rely on evidence to show the pain and suffering you’ve experienced was entirely someone else’s fault. If you have suffered from this kind of personal injury, then it’s crucial to receive the right assistance when you seek compensation.
Have you recently suffered from a personal injury accident but aren’t sure if your case qualifies for a personal injury lawsuit in Florida? Frankl Kominsky Injury Lawyers can help answer your questions.
Here’s a guide to indicate what type of injuries can result in a personal injury lawsuit and how to file a claim in Florida.
What Is a Personal Injury Lawsuit?
Accidents that result in injuries of some form happen every day, but the keyword in this sentence is accidents. You can experience an accident at any given moment at the hands of someone else, but it might not always qualify for a personal injury case.
A personal injury lawsuit may arise after harm, injury, or pain and suffering a person experiences at the known negligence of someone else. If you suffer from an injury or harm by another party that knew what they were doing or the conditions they provided were potentially harmful, then you may have a case. The first step is to narrow down if the accident was a result of someone else’s negligence.
As long as you are not severely injured, the first thing you should do after any kind of injury on someone else’s property, whether it’s a friend’s place, workplace, business, or elsewhere, is to take photos of the scene and how you were injured.
Injuries That Qualify as Personal Injury
If you have suffered mentally or physically from an accident, it is considered a personal injury. The question becomes whether you qualify to file a claim or lawsuit. In a basic rundown, here are some examples of why someone may file a personal injury lawsuit, depending on how the injury occurred:
- Defective product
- Medical malpractice
- Slip & fall
- Wrongful death
- Workplace accidents
- Car accidents
Car accidents, especially in Palm Beach Gardens, Florida, and other nearby locations, can be difficult to file for personal injury. Since Florida follows the pure comparative rule where those involved in car accidents are required to carry personal injury protection insurance, you should already have the assistance needed to cover medical bills associated with the accident.
However, if your accident is severe and leaves you with medical bills that surpass a certain amount and the driver was entirely responsible for the accident, you could file a claim with your attorney and ask about the personal injury suffered as a result of the collision.
When To Seek Legal Help
Personal injury claims of any kind can lead to a drawn-out process, even when it’s obvious that the other party was entirely at fault. It is recommended that you seek legal advice immediately after an accident so that your attorney has sufficient time to review what happened in detail, preserve evidence, and file your claim within the time limit.
Depending on who you are going up against, such as a business or organization, they may have a team of lawyers on their end who are highly skilled so that they remain out of the public spotlight or are not penalized. This can limit the success of your case. Having your own Palm Beach Gardens Personal Injury Lawyer can help improve your outcome, however.
Florida’s statute of limitations states that personal injury claims must be filed within four years from the accident date. While there are limited exceptions, filing a claim after the four-year deadline will likely result in your case being dismissed or lacking a successful outcome. Therefore, always act swiftly to ensure that everything is promptly and properly filed.
How To File A Personal Injury Lawsuit In Florida
Before filing a personal injury lawsuit in the state of Florida, it is well-advised to first seek the professional help of an attorney and discuss your situation with them. Speaking to a trusted Port St. Lucie Personal Injury Lawyer can help distinguish if you have a case that’s eligible to be filed.
An attorney can also review all the evidence, discover what may be missing, and advise you on what your next steps should be. If you haven’t already, your attorney may advise you to seek medical help, especially soon after your accident, so that there can be medical records proving your injuries were sustained from that specific accident.
How Personal Injury Earnings Are Calculated
There is no specific amount you can expect to receive out of a personal injury settlement. It all depends on the factors in your unique situation and how much compensation the jury believes you merit.
A personal injury settlement can happen in one of two ways: you and the defendant can reach an agreement, and the defendant will pay a settlement, or your case can go to court. The first option omits court appearances, but should your case go to court, your earnings will be calculated by the jury.
The jury will look at your non-economic and economic damages. Non-economic damages are items such as emotional stress, physical impairments, and other inconveniences that happened as a result of the accident. Economic damages are physical items that were damaged, such as vehicles, loss of wages from time out of work, or medical bills.
What Your Personal Injury Lawyer Will Do
A personal injury lawyer in Palm Beach Gardens, Florida will do more than take your case to court. Your personal injury lawyer will also be responsible for the following:
- Informing you of your rights
- Giving sound legal advice for your situation
- Uncovering evidence needed for your case
- Negotiating with insurance and the defendant’s lawyers
- Advocating for you
- Taking your case to court, if needed
Get Started Building Your Case Today with An Experienced Attorney
Are you dealing with an injury you sustained at the hands of someone else? The experts at Frankl Kominsky Injury Lawyers can help.
Our highly awarded firm has been fighting personal injury battles for over 40 years. Our in-depth experience has taught us everything we need to know about helping your case because we know how the other side thinks.
If you’re ready to work with a highly skilled and competent lawyer, here’s how to get started:
- Visit our website or call our firm at (561) 800-8000
- Set up your no-obligation free consultation
- Discuss your case with one of our attorneys
- If you feel that we’re a good match, allow us to guide you through the legal process of seeking compensation
Contact us today if you have any questions about your personal injury case. We look forward to speaking with you.