Accidents happen. When they do, and they’re our own fault, we seek medical attention, and depending on their severity, we move on with our lives, hopefully, a bit wiser from the experience. It’s a different story when someone’s careless act harms us. We’re left feeling cheated and angry and trying to cope with injuries we shouldn’t have to endure.
If you’ve unfortunately been on the receiving end of injuries caused by someone else and are unsure of what to do, get the support of a Gainesville personal injury lawyer. They can help you organize your affairs and receive your deserved compensation.
What Is Considered a Personal Injury?
A personal injury is exactly what you think it is. It occurs when a person sustains an injury. A personal injury lawsuit is when a person, product, or entity, due to a careless act, causes injury to a person. Personal injuries are usually physical but can also be of an emotional nature. The state of Florida allows the injured party to seek monetary damages from the party that caused them.
Florida Negligence Laws
The state of Florida gives victims of personal injuries that were caused by another party, product, or entity the right to file a personal injury lawsuit to recover damages. The injured party has the burden of proving two things. First, a negligent act caused the accident, and because of their negligence, an injury occurred.
A personal injury lawsuit is a civil case, and therefore although the burden of proof is placed on the injured party, they aren’t required to prove their case beyond all reasonable doubt as is such in a criminal case. Florida personal injury plaintiffs need only prove negligence by a preponderance of the evidence. In layperson’s terms, this means proof of negligence must be proven more likely true.
It should be noted that Florida’s personal injury statute of limitations is set between 2 to 4 years, depending on the type of lawsuit. Working with a legal team as soon as possible can prevent the court or the defendant’s legal team from denying your claim.
Types of Personal Injury Lawsuits
Personal injuries can happen in various places under many different circumstances. The common thread between them is that careless negligence caused injuries. There are many types of personal injury cases, but the most common types are:
- Car, truck, and motorcycle accidents – The most common Florida personal injury cases result from vehicular accidents. You’ll need to prove that the other driver caused the accident.
- Medical malpractice – When a physician, surgeon, or other healthcare professional doesn’t provide the standard level of expected care that worsens a condition, it’s a case of medical malpractice.
- Product liability – When a defective product injures a person, it falls under the umbrella of personal injury law. These cases are a bit different from the others and focus more on strict liability rather than negligence.
- Slip and fall accidents – This type of personal injury occurs due to the negligence of a property owner, business, or municipality that fails to maintain its property, and someone falls and sustains injuries.
- Dog bites – Being bitten by someone’s pet dog is considered a personal injury, and they can seek compensation as long as it can be proven that the animal hadn’t been provoked to bite.
What Kinds of Damages Can I Claim for a Florida Personal Injury Lawsuit?
The entire point of filing a personal injury lawsuit is to recover monetary losses. Many different types of losses can be claimed, and you and your personal injury attorney can discuss what options are available for your case. Claims fall into two categories: economic and non-economic.
Economic claims can include:
- Medical bills
- Cost of over-the-counter medications
- Expenses for necessary medical devices
- Loss of past, current, and future income
Examples of non-economic clams:
- Scarring and disfigurement
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish and trauma
Seek Justice for Your Personal Injury Lawsuit: The Bottom Line
Under Florida law, you have the right to seek compensation for your injuries, whether you’ve been injured in a car crash, operating room, or a slip and fall incident at your local shopping mall. You have a legitimate case as long as you can prove both negligence and the validity of your injuries.
Florida’s personal injury laws can be a complex maze for novices. They should never be tackled without the guidance of a personal injury attorney with experience with your case. Let the personal injury experts handle the legal stuff while you care for your injuries and medical treatment.