If you have been injured in any type of accident that you believe occurred due to another’s actions in Florida, you may be entitled to claim damages in a personal injury claim. Personal injury law protects individuals who have suffered injuries due to another’s negligence. You might be able to secure compensation and justice for your injuries. Tomlinson Law Group can assist you with your personal injury case in Florida and help you recover any compensation you are entitled to.
Types Of Personal Injury Cases
In Florida, personal injury cases cover a wide range of injuries resulting from accidents or incidents where another party’s negligence or intentional actions caused harm. Here are examples of injuries that might fall under personal injury in Florida:
- Automobile Accidents
- Nursing Home Abuse
- Slip and Fall Accidents
- Medical Malpractice
- Workplace Accidents
- Product Liability – involves things such as defective products, faulty medical devices, or automobile defects.
- Premises Liability
- Boating Accidents
- Bicycle and Pedestrian Accidents
- Assault and Battery
In Florida, victims of these types of injuries can seek compensation through personal injury claims, which aim to cover medical expenses, lost wages, pain and suffering, and other related costs.
Fundamental Legal Principles in Personal Injury Cases
A personal injury case usually involves a negligence claim involving four key elements: duty, breach, causation, and damages. The claimant must prove that the defendant owed a duty of care, breached this duty by acting or failing to act in a certain way and that this breach directly caused the claimant’s injury or loss. Finally, the claimant must demonstrate that they suffered actual damages, such as physical injury or financial loss, as a result. All elements must be established for a successful negligence claim.
Frequently Asked Questions and Answers Concerning Personal Injury Claims
Q1: What is a personal injury claim?
A1: A personal injury claim is a legal case filed by someone injured due to another person or entity’s negligence or wrongful actions. This claim seeks compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the injury.
Q2: How do I know if I have a personal injury case?
A2: To determine if you have a personal injury case, consider if you were injured due to someone else’s negligence or intentional act. Consulting with a personal injury attorney can help you understand your rights and evaluate the strength of your case.
Q3: How long do I have to file a personal injury claim?
A3: The time limit to file a personal injury claim, known as the statute of limitations, varies by state. The statute of limitations for personal injury lawsuits in Florida is generally two years from the date of the injury, according to Florida Statutes Section 95.11(3)(1). It is essential to consult with an attorney promptly to ensure you meet all the deadlines.
Q4: What should I do immediately after an injury?
A4: After an injury, seek medical attention immediately, even if you think the injury is minor. Document the incident by taking photographs, collecting witness information, and keeping records of all medical treatments and expenses.
Q5: How is fault determined in a personal injury case?
A5: Fault is determined by examining the evidence related to the incident. This evidence includes witness statements, accident reports, medical records, and expert testimony. The goal is establishing that the other party’s negligence directly caused your injury.
Q6: What compensation can I receive in a personal injury case?
A6: You may receive compensation for various damages, including medical expenses, lost wages, loss of earning capacity, pain and suffering, emotional distress, and, in some cases, punitive damages if the defendant’s conduct was particularly egregious.
Q7: Do I need an attorney to file a personal injury claim?
A7: While filing a personal injury claim yourself is possible, having an experienced attorney significantly increases your chances of receiving fair compensation. An attorney can help you understand complex legal procedures, negotiate with insurance companies, and advocate on your behalf.
Q8: How much does it cost to hire a personal injury attorney?
A8: Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. Their fee is typically a percentage of the settlement or court award, usually between 25% and 40%.
Q9: What if I was partially at fault for my injury?
A9: Florida currently follows a “modified comparative negligence” standard instead of a “pure comparative negligence” standard. (The law was changed in 2023 in Florida). Under modified comparative negligence, a plaintiff is barred from recovery if he is more than 50% at fault for his injuries. It used to be pure comparative negligence in Florida, meaning that even if an individual was 90% at fault, he could still recover 10% under his negligence claim. However, this law change does not apply to actions based on medical negligence.
Q10: How long will it take to resolve my personal injury case?
A10: The duration of a personal injury case varies widely. Some cases settle within a few months, while others, especially those involving severe injuries or complex issues, can take several years to resolve. Your attorney can provide a more specific timeline based on the details of your case.
Conclusion
Personal injury actions can be complicated because a case has so many facets. If you believe that you might have a claim due to an injury you sustained, which you believe was the fault of another, contact Tomlinson Law Group in Florida for a complimentary initial consultation. We will advise you based on your individual situation and will advocate for the best possible outcome for you.