Personal injury law is a complex landscape that requires subject matter experts. Florida has the most personal injury disputes in the United States, and most don’t know how to deal with the aftermath of a severe injury.
People who get seriously injured in an accident or suffer physical distress often fail to claim compensation where it’s required. If you’re struggling with a similar issue, here’s an overview of personal injury law to help you get started.
This comprehensive guide will cover the most common types of personal injury cases and answer other queries related to a personal injury lawsuit.
Personal injury law deals with cases where one or multiple parties inflict damage that causes another party harm, often because of negligence. For instance, when someone gets hurt in a car accident, you’d need to determine if it’s a personal injury case.
Personal injury law also answers questions about what your rights are as someone who has suffered damage owing to a personal injury. Such laws also govern the situations in which you can claim compensation and the means to process your claim.
In personal injury cases, you can file a claim in either state or federal court.
A plaintiff (the one claiming for damage) can demand compensation from the defendants (the people or entities you claim against) for medical expenses, disability, loss of income, and more if the personal injury is life-changing.
Most personal injury lawsuits demand the responsible party to restore the health and well-being of the injured person. According to Florida Laws, those injured as a result of a personal injury can claim payment for the damage inflicted. Florida’s statute of limitations also mandates drivers to maintain a minimum $10,000 insurance coverage.
Regardless of the type of accident that occurred, the legal claim must address a few conditions to qualify for a personal injury lawsuit. For instance, you can claim compensation for damage in a motor car accident in a case of negligence. As the plaintiff, you must submit your claim within two years from the date of injury.Also read: 10 Top Android Apps For Personal Finances
In a personal injury lawsuit, you can file for economic damages, like medical bills for doctor visits and appointments, surgeries, diagnostic tests, prescriptions for medications, facility costs, rehab, and more. Workers can claim lost wages in a personal injury case, especially if their livelihood has been affected. Such cases usually demand compensation for the loss of benefits, like annuity or pension.
Non-economic damage in a personal injury lawsuit usually deals with emotional distress and mental well-being. The injured plaintiff can demand compensation for the pain and suffering caused by the accident. Non-economic damages are hard to measure, but there are a few factors to consider. Those who’ve experienced mental anguish can submit a claim based on the extent of the injury and the recovery period.
Note that Florida has the most personal injury cases per capita. The new law in Florida states that a plaintiff must file a personal injury case within two years from the date of the injury. You can also claim support for damage done to your property as a result of the accident. To make a stronger case, most plaintiffs submit medical records to prove the length of treatment.
Regardless of the cause of the personal injury, you’ll have to deal with an insurance company to make a proper claim. Insurance coverage plans like auto, business, homeowner’s, or malpractice insurance resolve personal injury cases with settlements or payment agreements to waive any kind of claim made now and in the future.
When making a claim, the plaintiff must provide relevant evidence to show the defendant was directly responsible for the injuries sustained. It is up to the plaintiff to prove how badly they were harmed in the accident by presenting accurate data that shows the defendant should be liable for the losses under personal injury laws.
Some personal injury cases require defendants to provide long-term medical care to the injured to achieve the highest level of recovery possible. Individuals can receive compensation for medical treatments and rehabilitation so their physical and mental health improves with time with continued support.
Whether the injury has occurred as a result of a car accident, workplace mishap, or medical malpractice, you can file for long-term care, such as the following:
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