A personal injury is a physical or emotional harm suffered by an individual as a result of someone else’s negligence, intentional acts, or misconduct. In Florida, personal injury claims can be filed by individuals who have suffered injuries as a result of another party’s negligence. These claims seek compensation for the damages, such as medical expenses, lost wages, and pain and suffering, incurred by the victim.
Let’s take a closer look at what qualifies as a personal injury in Florida and when you can sue for personal injury damages.
What Qualifies as a Personal Injury?
A personal injury can occur in a wide range of situations. However, the key element that defines it is that it was caused by another party’s negligence or intentional actions. Some of the most common types of personal injury cases include:
Car Accidents: Car accidents are a leading cause of personal injury claims in Florida. When a driver fails to follow traffic laws or operates their vehicle recklessly, they can be held liable for any resulting injuries.
Slip and Fall Accidents: Property owners have a legal duty to keep their premises safe for visitors. When they fail to do so and someone is injured as a result, they can be held liable for the damages.
Medical Malpractice: Medical malpractice occurs when a healthcare provider fails to provide adequate care, resulting in harm to the patient. This can include misdiagnosis, surgical errors, and medication errors.
Product Liability: When a defective product causes harm to the user, the manufacturer can be held liable for the damages. This can include defects in design, manufacturing, or marketing.
Assault and Battery: When someone intentionally causes harm to another person, the victim may be able to file a personal injury claim.
When Can You Sue for Personal Injury Damages?
To file a personal injury claim in Florida, you must be able to prove that the other party was at fault for your injuries. This means that you must demonstrate that they were negligent, intentionally harmful, or otherwise responsible for your injuries. Additionally, you must show that you suffered damages as a result of the injury, such as medical bills, lost wages, and pain and suffering.
Remember that Florida operates under a comparative negligence system. This means that even if you were partially responsible for your injuries, you may still be able to recover damages from the other party. However, your damages will be reduced in proportion to your percentage of fault. For example, if you were found to be 20% at fault for a car accident and your damages were $10,000, you would only be able to recover $8,000 from the other party.
It’s important to work with an experienced personal injury attorney who can help you navigate the legal process and ensure that your rights are protected. They can assess the circumstances of your case and advise you on the best course of action to recover the compensation you deserve.
Is There a Statute of Limitations?
In Florida, there is a statute of limitations on personal injury claims. This means that there is a time limit within which you must file your claim after the injury occurred. The time limit varies depending on the circumstances of the case. This is why for many people it’s important to speak with an experienced personal injury attorney to determine the deadline for their specific situation. In general, the statute of limitations for personal injury claims in Florida is four years from the date of the injury.
It’s essential to file your claim within the statute of limitations, as failure to do so may result in your claim being dismissed. However, there are some exceptions to the statute of limitations, such as when the injury was not immediately apparent. This is why it’s crucial to speak with an attorney as soon as possible to avoid missing any important deadlines.
How to Give Your Case the Best Chances of Success
To give your personal injury case the best chances of success, there are a few key things you can do:
1. Seek Medical Attention: After an injury, it’s important to seek medical attention as soon as possible, even if you don’t feel that the injury is severe. A medical professional can document your injuries and provide treatment, which can be essential evidence in your case.
2. Collect Evidence: Collecting evidence after the injury occurs can be crucial in building a strong case. This can include taking photos of the scene, obtaining witness statements, and preserving any physical evidence.
3. Contact an Attorney: Personal injury cases can be complex, and an experienced attorney can help you navigate the legal process and ensure that your rights are protected. They can assess the circumstances of your case and advise you on the best course of action to recover the compensation you deserve.
4. Don’t Settle Too Quickly: Insurance companies may try to offer a quick settlement in order to avoid paying out a larger sum later on. However, it’s important not to settle too quickly, as you may be entitled to more compensation than initially offered. An attorney can help you negotiate with insurance companies and ensure that you receive fair compensation.
Fighting for Your Compensation With Krapf Legal
As we’ve already discussed, the claims process can be complex and time-consuming. As if that wasn’t enough, insurance companies may also try to take advantage of you if they have the opportunity. If you’ve suffered a personal injury, then you already have enough to stress about. At Krapf Legal, we can take the burden out of your hands. We’ve been operating out of Clearwater, Florida for years and have the experience to properly represent you. We’ll walk you through the claims process and fight for the compensation you deserve. This way, you can focus on your health and trust that your best interests are being considered. Don’t wait, contact us today!
Krapf Legal PA., was founded upon the principal that a client should always be able to have timely access to their attorney and receive answers to any questions that they have that relate to their case. Attorney Krapf has only worked for law firms that have received the majority of their business from referral sources, whether those are other attorneys or the firm’s prior clients. It is Attorney Krapf’s relationship with his clients, past and present, that has enabled him to maintain a very busy practice that has grown since its inception in January 2016.