Personal Injury

Personal Injury Lawyer

Personal Injury Lawsuits

Accidents can happen anytime and anywhere, but if you believe that an incident occurred due to someone else’s negligence or carelessness, then a personal injury settlement is an important option to consider.
Whether it is a boating accident, slip and fall, a defective product, a truck accident, or an animal attack, personal injury can lead to losses, physical harm, and emotional stress. When someone else is to blame, you deserve justice. In order to recover compensation for lost wages or expensive medical interventions, it is crucial that you know the ins and outs to a personal injury lawsuit.

Who Can File a Personal Injury Lawsuit

You can bring a personal injury lawsuit to court if you have been injured by another person in any place including the office, sports field, the streets, or in your car. Contracting an illness at work can also be considered personal injury including stress and anxiety, to pulmonary diseases. The injuries can have short-term as well as long-term adverse effects, and getting compensation for past and future losses or pain and suffering is reasonable.
In Florida in particular, you can file a lawsuit and get compensation based on the following conditions:
1. if you suffered damages
2. when the other person had no duty to injure but did so
3. the other person’s failure of that duty resulted to your injuries

Legal Preparations

For incidents that have happened recently, you must take action right away in order to preserve evidence. Reporting the incident to proper authorities such as the police department or animal control is the most important first step. You can also write down or journal everything that you can recall as to how the accident took place and how the injury was incurred. Take clear pictures of physical injuries or damages to your property. Most importantly, contact a personal injury lawyer to check the validity of your claim against that person who caused the injuries. For your own protection, do this before you make any verbal or written statements to representatives from your insurance company.
If time has already elapsed and you were not able to file a lawsuit, you must be within the statute of limitations to file your claim. In Florida, the time window is longer at 4 years. For personal injury claims against a state, county, or city government however, it is only 3 years.

How to Approach the Case

While it is common for just one person to be responsible for a personal injury, you have to take note that there are also circumstances where multiple individuals are to be held liable for the same incident. In Florida, joint and several liability rules have been carefully set up to deal with these types of cases. If a person is proven to be less than 10% at fault, he or she will not be required to pay for the economic losses. But if it goes beyond 10% up until 25%, then payment is at $500,000. Twenty to 50% at fault is equivalent to up to $1 million in damage compensation. For more than 50% at fault, the individual can pay up to as much as $2 million.
Another scenario that you may encounter is that the person you are suing will claim that in reality, you are the one who is fully or partly to blame for the injuries or for making them worse. At this juncture, the “pure comparative negligence rule” is followed in Florida and the compensation that you will receive can be reduced depending on your percentage of fault on the injury. This can even be brought up by an insurance adjuster during settlement talks and if you want to ensure that your rights and interests are protected, you have to rely on the services of a personal injury lawyer.

How Can The Bennett Law Center Help?

The Bennett Law Center has over 25 years of experience representing individuals in personal injury cases. We are familiar with the legal system in Florida to ensure that all responsible parties are held accountable for their negligence and ensure that you are awarded the greatest sum to compensate for your injuries.

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We are here to help with your Personal Injury Case.