Some Crucial Things To Know Before Filing A Florida Personal Injury Case
After suffering an injury in Florida because of another person’s negligence, you may be eligible to recover compensation. You can obtain different types of damages in a Florida personal injury case. These are economic/special damages, non-economic/general damages, and punitive damages. Economic damages in Florida include medical expenses, property damage, and lost wages, and non-economic damages include loss of enjoyment of life, disability, physical impairment, emotional distress, and pain and suffering. Regarding punitive damages, you need to note that punitive damages aren’t awarded in all cases.
If you sustained a personal injury in Florida, you might be wondering what to expect. This is true if you’ve never been involved in a personal injury case before. If this is your situation, read on because this article discusses some of the most crucial things you should know before filing your Florida personal injury case.
There Are Two Ways of Handling Personal Injury Cases
You can settle your injury case out of court or go to court. Settling an injury case out of court involves a plaintiff and the defendant agreeing on how much compensation the plaintiff will receive. On the other hand, it will be up to the judge or jury to decide how much money you should be given when you go to court. Usually, personal injury victims take their cases to court when they are unable to reach a fair settlement with the defendant out-of-court.
Personal Injury Claims/Lawsuits Are Designed To Protect Victims
Since you suffered your injury, you likely have been through a lot. At the very least, you have used a substantial amount of money on medical bills, and that might be causing you financial stress. You probably also have not been going to work and have been emotionally stressed. Personal injury claims/lawsuits are designed to protect victims like you.
Personal Injury Victims Who Hire Attorneys Have a High Chance of Recovering More
Indeed, it is possible to recover fair compensation even if you handle your personal injury case alone. However, the reality is that if you hire an attorney, you increase your chances of recovering the compensation you deserve. Personal injury attorneys know how to value personal injury cases, so you can be sure that your case will be properly valued if you work with an attorney. An attorney can help you determine how much all your damages, including non-economic damages, are worth. A skilled lawyer can help you negotiate a fair settlement with the at-fault party’s insurance company. And, if the insurance company is unwilling to give you a fair settlement, an attorney can help you fight for fair compensation in front of a judge or jury.
Establishing Negligence Is Paramount
To win your Florida personal injury case, you must establish negligence on the defendant’s part. In Florida, establishing negligence generally involves showing;
- the defendant in your case owed you a duty of care
- the defendant in your case breached their duty of care
- you sustained a serious injury
- the defendant’s breach caused your injury
You Need To Avoid Accepting a Quick Settlement Offer Before Consulting Your Attorney
An insurance adjuster might give you a quick settlement offer and try to convince you that the offer is the best you will get. An insurance adjuster might try to convince you that there is no need to consult your attorney about the offer because they have your best interest in mind. This is completely false. The at-fault party’s insurance company’s primary goal is to get you to accept a quick but unfair settlement. Therefore, ensure you consult your attorney when you receive a quick settlement offer from the at-fault party’s insurance company.
Personal Injury Cases Can Be Time-consuming
Personal injury cases in Florida can take a long time to complete. Some personal injury cases take long to conclude because of the complexities involved, and other cases take long to conclude because of insurance companies who drag out the process. Often, insurance companies drag out the process in the hope that a victim will give up and accept an unfair settlement offer.
Indeed, your attorney will do their best to conclude your case in the shortest time possible, but you also need to be ready for anything. Patience is quite crucial when you’re dealing with a personal injury case.
You Have a Limited Amount of Time to File a Florida Personal Injury Case
According to Florida law, you have four years after the date of your accident to file a personal injury case. Therefore, you need to contact a lawyer as soon as possible to ensure you do not miss the deadline.
Contact a Naples Personal Injury Attorney
If you were injured in Florida because of no fault of your own, our Naples personal injury attorneys at The Law Offices of Marc L. Shapiro are here for you. We can help you recover the compensation you deserve.