Personal injury law encompasses a broad class of claims that include any type of injury sustained due to someone else’s negligence. There are various types of accidents that can cause personal injuries. However, the extent and severity of injuries vary from case to case. If you have been involved in an accident and sustained physical injuries you need to consult a personal injury attorney to ensure that you get the compensation that’s due to you.
Why You Need A Personal Injury Attorney for Automotive Accidents in Florida
In Florida, quite a number of personal injury claims arise from traffic accidents. It’s important to note that Florida is a no-fault state. This means your car insurance should only pay for your injuries and damages that result from an automotive accident regardless of who is at fault. Florida law stipulates that all drivers should have not less than $10,000 in personal injury protection per accident per person. In most cases you are not allowed to file a personal injury lawsuit against the party that caused the accident. Your own car insurance policy is supposed to cover for your medical expenses and lost income.
However, according to Florida law if you’ve suffered serious injuries after a traffic accident you can file a personal injury lawsuit. Under Florida law a serious injury is defined as;
- A permanent injury
- Significant and permanent loss of bodily function
- Significant and permanent disfigurement or scarring
- Death
If you or a loved one has suffered injuries from an automotive accident that meet this threshold, it’s critical that you talk to the best personal injury attorney in Florida about filing a personal injury claim. Remember Florida’s statute of limitations limits the time available for you to file a claim; hence it’s imperative that you seek legal help immediately after the accident.
Negligence Principles
Most personal injury cases are based on the theory of negligence. A person is said to be negligent when their behavior falls below the standard of a reasonably prudent person, causing harm to the victim. To establish negligence you must demonstrate that the defendant owed you a duty of care. That they failed to uphold this duty and as a result you suffered damages.
Even as you seek the services of a personal injury attorney you should remember as the victim the burden of proof falls on you to demonstrate that all the elements of your personal injury claim were present. Immediately after the accident you should do everything within your power to preserve evidence and protect your claim.
What are Some of The Damages in a Personal Injury Lawsuit?
- Damages for permanent disfigurement
- Past and current medical expenses
- Lost wages due to medical appointments and treatment
- Lost earning capacity if your current job gives you less income than the one you had prior to accident
- Emotional distress, pain and suffering
- Loss of consortium
- Property damage
If you have been injured in an accident it’s critical that you get in touch with a personal injury attorney in your area. They should identify the parties legally liable for your injuries and handle communications with any insurance company or parties involved in your case in an attempt to negotiate a fair settlement for your claim.