FAQ: Do I Have a Valid Personal Injury Case?
After suffering an injury in an accident, among the main questions people ask is, “Do I have a valid personal injury case?” This is one of the most frequent questions we get as personal injury lawyers. If you have been injured in an accident in Florida and are wondering whether you have a valid personal injury case, this article is for you. Below, we look at what determines whether or not you might have a valid claim and other important information pertaining to personal injury cases in Florida.
What Makes a Personal Injury Case in Florida?
In Florida, a personal injury case generally arises when you suffer an injury due to another person’s negligence, carelessness, or intentional misconduct. This could be in a car accident, a slip and fall accident, or any other accident or incident.
However, it is not enough to prove that another person’s wrongdoing caused your injury. To have a successful personal injury claim in Florida, you must establish all of the following elements;
- Duty of Care: The other party was legally obligated to act reasonably. For example, Florida drivers are required to follow traffic regulations.
- Breach of Duty: The defendant failed to fulfil their legal obligation to act reasonably. In the context of car accident cases, this might involve speeding, ignoring stop signs or running red lights, and failing to yield.
- Causation: This involves demonstrating that the defendant’s ignorance directly caused your injury.
- Damages: You must show that you suffered measurable damages, such as medical expenses, lost income, and emotional distress.
What Should You Do if You Believe You Have a Valid Case?
If you believe you have a valid personal injury case, here are the steps to take;
- Seek prompt medical attention
- Gather evidence, such as accident reports, medical records, witness statements, and accident scene photos.
- Consult a skilled personal injury attorney
Personal injury claims can be complex. It is best not to handle your case alone. A qualified attorney can;
- Assess the facts of your case
- Gather the necessary evidence
- Calculate your damages
- Negotiate with the insurance company
- File a lawsuit in court, if necessary
What Damages Can You Recover?
In a Florida personal injury case, you can recover several types of damages, including;
- Medical expenses (past, present, and future)
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
Statute of Limitations
Timing is critical in determining whether you have a valid personal injury case in Florida. According to Florida statutes section 95.11, in most cases, you can only file a claim if more than two years haven’t passed since the date of your accident or injury.
Comparative Negligence
The good news is that Florida law allows you to file a personal injury claim even if you are partially to blame for your injury, as long as you are not more than 50% at fault/ However, your percentage of fault will diminish your compensation.
Contact a Miami Personal Injury Attorney
If you are wondering whether you have a valid personal injury case, speaking to an attorney is the best step you can take. Contact our experienced Miami personal injury attorneys at The Pendas Law Firm to schedule a consultation.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Tampa, Fort Myers, Fort Lauderdale, Daytona Beach, West Palm Beach, Bradenton, Jacksonville, Naples, and Melbourne areas.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String&URL=0000-0099/0095/Sections/0095.11.html