If you have been injured due to someone else’s negligence, then you may be able to file suit against them and receive compensation for financial expenses and pain and suffering resulting from the injury. There are several basics, but important, point that you should know about personal injury lawsuits in Florida before you file. If, after considering the following points you decide you will file, or if you don’t know whether or not you should, then it is in your best interest to consult an experienced personal injury attorney. A personal injury attorney will be abreast of Florida’s laws and will be essential to getting you the most substantial compensation for your injury.
How Long Do I Have to File a Personal Injury Lawsuit in Florida?
All states have limitations on how long you have to file a lawsuit. The length of time depends on the type of suit. In Florida you generally have four years to file a personal injury lawsuit, unless it is a medical malpractice case, in which case, you only have two years. The countdown begins when the injury or accident causing the injury takes place, so it is imperative that you have your case evaluated and begin proceedings as soon as possible following the injury.
How is Negligence Proven in a Personal Injury Case?
To have a personal injury case, you have to be able to prove that the at-fault party was negligent – that their action (or inaction) caused you harm. There are three specific conditions that have to be met in order to prove a personal injury case. First, you have to show that the party who caused your injury had a responsibility not to harm you and that he or she breached that responsibility. Second, you have to prove that breaching that responsibility caused your injury. Lastly, you have to show that you have suffered damages and/or financial loss as a result of the injury.
What Are Damages, and What Am I Entitled to?
In a personal injury case, you are able to seek compensation from whoever caused you to have a financial loss, property damage, or any other kind of loss, due to your injury. The legal term for this type of compensation is damages. In a Florida personal injury case, you may be entitled to damages for the following:
- Medical bills (except for car accidents)*
- Disability and disfigurement
- Pain and suffering
- The repair or replacement of property damaged
- Lost wages
- The expense of hiring help to do household task that you are no longer able to do
- Emotional trauma
- Other costs that are determined to be caused by your injury
*Because Florida is a no-fault state and it requires every driver to have a Personal Injury Protection (PIP) insurance policy with $10,000 of coverage, medical expenses in a car accident case are paid by the injured party’s own insurer.
Finding an Attorney for Your Florida Personal Injury Case
If you have been injured due to negligence on someone else’s part, it’s important that you find a personal injury lawyer to review your case. Attorney Joe Osborne is an experienced personal injury attorney who is ready to help you with your lawsuit. If you have been the victim of someone else’s negligence, and have sustained injuries from it, call Osborne & Francis today at (561) 293-2600 for a case evaluation.