CRITICAL QUESTIONS ABOUT PERSONAL INJURY LAW

Posted by Joseph Franks on February 19th, 2020

Personal injury claims require an experienced lawyer who understands the nuances involved in the wide variety of cases from auto accidents to nursing home abuse and neglect. Florida Personal Injury Attorney specialize in Personal Injury Law, and many of our clients have similar questions regarding the validity, process, and time limits of their lawsuit.

Do I Have a Valid Personal Injury Claim?

If you want to pursue a successful personal injury case, you must be able to prove that your injury was caused by a third party’s negligence or carelessness. Many personal injury cases involve physical injuries that need extensive medical treatment, but others can be based on non-physical losses and troubles. For instance, if someone has attacked your professional reputation or attacked your privacy, you may have grounds to file a personal injury lawsuit.

How Much Time After My Injury Should I File a Lawsuit?

Each state has a specific time limit – called a “statute of limitations” – that governs how long you have to file a personal injury case. The statute of limitations will differ depending on the type of case you bring forward. For example, in the State of Florida, you generally have four years to bring forward a personal injury lawsuit, but only two years if it is a medical malpractice case.

It is always in your best interest to pursue your case as soon as possible after your injury occurs since the preservation of evidence is so essential to the success of your claim. Our attorneys need to perform a thorough investigation of your injury and the circumstances in which it occurred to build a strong case that will prove your claim in court.

What Is Negligence?

Negligence worries how a “reasonable person” is expected to act in an exact situation. For example, a driver is expected to obey the rules of the road and drive at full attention to avoid putting themselves and other motorists in danger. If they cause an auto accident because they failed to observe these essential precautions, they can be held responsible for damages.

Person is careless if he or she has failed to act the way an “ordinary sensible person” would have acted in any given situation. Negligence is the foundational problem of most personal injury cases.

Will the Person Who Caused My Injuries be punished?

Personal injury cases are civil actions, not criminal actions. Defendants in personal injury lawsuits cannot receive jail terms or criminal fines since there was no malicious intent to harm the plaintiff—merely negligence.

However, punitive damages are available in some rare cases. These injuries are designed to punish defendants who behaved recklessly or intentionally against the best interest of the public. The goal of punitive damages is to discourage other people from engaging in the same kind of harmful negligence.