The physical and emotional effects of an accident can be immense. You may feel overwhelmed and scared. You may not know where to turn for help. Contact The Fran Haasch Law Group today. Our Sarasota personal injury lawyers handle the work for injury victims, so they can focus on recovering from their injuries.
Florida Personal Injury Law
A personal injury claim is a type of civil lawsuit that seeks to hold the responsible party liable for someone else’s injuries or death. It can be filed by the victim or their family members. A personal injury claim can be filed in state or federal court, and the damages that can be recovered vary depending on state law.
Personal injury law includes, but is not limited to:
- Auto accidents
- Medical malpractice
- Slip and falls
- Wrongful death cases involving a third party or an at-fault party.
Negligence is a term used to describe when someone fails to act with the degree of care that a person would exercise under the same circumstances.
To win a negligence case, you must prove that your injury resulted from another party’s actions or lack thereof. For example, if you are walking at nighttime and trip on a stray branch in someone else’s yard, it is unlikely that the owner will be held liable for your injuries.
Comparative Negligence in Florida
In Florida, comparative negligence is used to determine fault in personal injury cases. This means that the jury will compare the defendant’s actions to the plaintiff’s actions to decide how much each party is responsible for the accident.
If the plaintiff is found to be 50% or more at fault for the accident, they are not eligible to receive any compensation. If the plaintiff is found to be less than 50% at fault, their award will be reduced by that percentage.
Statute of Limitations on Personal Injury Cases
In Florida, the statute of limitations for negligence is four years from the date you were injured. In a car accident case, this time period would begin to run from the date of your car accident. This means that if you wait more than four years before consulting an attorney about an auto accident, then you likely will not be able to pursue a claim for injuries from the accident.
Determining the Value of Your Sarasota Personal Injury Case
The value of your case will depend on the specific facts of your case and many other factors. You should consult with an experienced personal injury attorney who can review your case for free, so you know what your options are and give you a ballpark idea as to what you might expect if you file suit. That said, here are some factors that can impact the value of your case:
The Severity of Your Injuries
The more seriously you are injured, the greater the chance to recover for damages. For instance, if you sustain a minor injury that heals within six days, any recovery would likely be reduced because your injuries were not serious.
Cost of Your Medical Treatment
Suppose you have already incurred medical expenses for your treatment. In that case, it will impact what you can recover for future medical bills and lost income if your injury is serious enough to require ongoing treatment. This is where it’s especially important to seek help from a personal injury attorney because you don’t know how good your case is until you get the full story of all that has happened since your accident.
Personal Injuries That Cause Severe Loss
Injuries that can cause a severe loss include:
- loss of use of a limb
- brain injury
- chronic pain
How Long Does It Take to File a Sarasota Personal Injury Lawsuit?
The length of time that it takes for a personal injury claim to settle depends on several factors, including the severity of your injuries and whether you are partially at fault. When you contact a personal injury law firm, they will help you determine how much time your case will take.
What Damages are Available After an Accident in Sarasota, Florida?
- Medical bills – include all medical costs related to the accident, such as hospital bills, doctor’s visits, and prescription drugs.
- Lost income – If you are unable to work due to your injuries, you can recover your lost wages.
- Property damage – If your vehicle or other property was damaged in the accident, you could recover repair or replacement costs.
Pain and suffering damages include compensation for physical pain and emotional distress caused by the accident. It is up to you if you would like your attorney to seek compensation for both types of damages or only one type.
Punitive damages are awarded in cases where the defendant is found to be especially negligent or harmful. These damages are meant to punish the defendant and deter them from committing similar actions in the future.
What Should I Do if I Am Blamed for an Accident in Florida?
Most likely, you will not be able to recover anything from the other driver. However, your insurance company may offer a settlement if you were partly at fault for the accident. It would be a good idea to speak with one of our personal injury attorneys first before accepting any money because then the insurance company might try to deny that you have been injured as a result of the accident.
How Do I Recover Damages For My Personal Injury Case?
To recover damages for you, our Sarasota personal injury attorneys will:
Conduct Settlement Negotiations: If one of the parties in a lawsuit believes that the evidence does not support their version of the events, they may want to reach a settlement without going to trial.
Go to Trial If Necessary: If both parties do believe that evidence supports their version of events, they will proceed to trial (also known as litigation). At trial, lawyers for each party will present their evidence and arguments to a judge or jury. Then it is up to the jury (or sometimes the judge, depending on how your state handles civil cases) to determine who wins.
Appeal Your Case: If one party does not agree with what the court decides at trial, they can appeal. An appellate court will review both what happened at trial and the court’s findings of fact to determine if a legal error was made during the trial. If so, the appellate court may reverse the decision in favor of either party or may send it back down to a lower court for further proceedings.
What are the Benefits of Hiring Sarasota Personal Injury Attorneys?
The experienced personal injury attorneys at The Fran Haasch Law Group will fight for you and protect your rights. They can also help you avoid mistakes that could cost you money.
A Sarasota personal injury lawyer will take care of everything from filing lawsuits, establishing insurance claims, speaking with witnesses, negotiating settlements, and appearing in court if the case goes to trial. As a result, injured victims can focus on their recovery, knowing that the case is being handled by an experienced professional.
How Do I Prepare For a Personal Injury Case?
In order to prepare for a personal injury case, you should start by saving any and all medical records that pertain to your injuries. If possible, it is also important that you try to document everything you remember about the accident and how it happened: where you were when it occurred, who was involved, and what exactly happened.
Personal Injury Cases We Handle
- Auto Accidents
- Motorcycle Accidents
- Rideshare Accidents
- Bicycle Accidents
- Trucking Accidents
- Slip and Fall Cases
- Dog Bite Injuries
The Fran Haasch Law Group Helps Accident Victims
A personal injury has the potential to take over your life, leaving you overwhelmed and buried in debt.
Our attorneys have a reputation for getting the results our clients need and deserve. If you have been the victim of a car accident but are unsure whether or not you have a legal case, we are here to help. Call now for a free evaluation at 727-784-8191