A personal injury can prove devastating in all sorts of ways, from staggering medical expenses and lost wages to the pain and anguish you and your family may suffer from such an event. While insurance may provide some relief, you might find that you can only get the compensation you need through a personal injury lawsuit.
The world of personal injury lawsuits can lead to much confusion, with legal complexities and requirements that can easily lead to costly mistakes. The more clearly you understand the basics, the more effectively you and your attorney can pursue your case. Check out these frequently asked questions on the subject.
What Counts as a Personal Injury?
Many unfortunate accidents fail to qualify as personal injuries under the law, while many civil lawsuits have nothing to do with personal injuries. The legal world defines a personal injury as an event that causes physical, emotional, or reputation damage to an individual, with another party liable for said damage.
The party responsible for your injury need not have inflicted the damage intentionally or maliciously. A person whose negligence or inaction somehow led to your injury may also hold at least some liability for your injury.
Personal injuries can take a variety of forms. Common examples include slip and fall injuries, vehicular accident injuries, dog bites, defamation of character, workplace injuries, product-related injuries, and medical malpractice. In cases such as assault and battery, the offender may face both criminal charges and a civil lawsuit.
What Kinds of Damages Can Personal Injuries Involve?
The damages claimed in personal injury cases fall into three primary types. Two of these, economic and non-economic damages, both involve direct compensation to the injured party. On rare occasions, the court may award the third type, punitive damages, in cases where extraordinary recklessness led to the injury.
Economic damages can help compensate you for the expenses you incurred from your injury. They can pay for past, present, and future medical bills, equipment, and therapy. They can also make up for lost wages you've suffered, or will suffer, as the result of debilitating injury.
Non-economic damages can help compensate for other kinds of harm that the personal injury has done to you. Examples include damage to your reputation, mental anguish, and physical pain. If your personal injury has harmed your spousal relations, you may also pursue damages known as loss of consortium.
Why Might You Consider Filing a Lawsuit?
You might assume that you can achieve the compensation you seek simply by filing an insurance claim. However, this strategy may not yield the results you'd hoped for. Insurance policies typically come with significant limits and restrictions, meaning your policy might cover only a small percentage of your financial needs.
Even if your policy does promise adequate coverage, you might receive no compensation from the insurer at all. Insurance companies can dispute a claim on the grounds that they don't find it legitimate. If you can't get satisfaction from your insurer, a lawsuit may serve as your only logical way forward.
How Do You Pursue a Personal Injury Lawsuit?
If you plan on going ahead with a personal injury lawsuit, follow the correct procedures. For instance, Florida law imposes a statute of limitations of two years on all personal injury cases filed on or after March 24th, 2023. If your injury occurred before this date, you have four years from the injury date to meet the deadline.
If you want to win your case, you must show that it meets the basic requirements of a personal injury lawsuit. You must show that the other party held a duty of care regarding your safety and that this party's actions violated that duty. You must also show that this violation caused your injury and that the injury led to damages.
Your attorney can help you assemble as much evidence as possible to support your case. Examples of such evidence can include medical bills and exams, police reports, statements from eyewitnesses, and testimony from expert witnesses who can verify your inability to work or the need for expensive ongoing care.
How Do Florida Courts Handle Personal Injury Liability?
Some states insist that if you hold even a tiny degree of responsibility for the event that caused your personal injury, you cannot receive any compensation. By contrast, Florida adheres to a less clear-cut rule known as modified comparative negligence.
In modified comparative negligence, the court makes a judgment on what percentage of responsibility each party holds for the injury. This can reduce your compensation even if you win your case. For instance, if the court found you 50 percent responsible for the incident, you would get only one-half of the amount you sought.
If you believe you should file a personal injury lawsuit to receive proper compensation for your losses, consult the legal team at the Law Offices of David A. Helfand, P.A. Our experts can examine the circumstances, determine whether you have a case, and then present that case to a Florida court. Contact us
today to request a free initial consultation.
