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What You Need to Know About Personal Injury Lawsuits in Florida

People have the right to seek and obtain compensation when they get injured due to the negligent action of a person or a business.

Reasons to File a Personal Injury Lawsuit

We always advise that people injured through the negligence of another should not hesitate to reach out to a Personal Injury Attorney to start the personal injury lawsuit process. The reasons:

Financial: You should not be financially liable for another’s negligence. When you combine lost wages, medical expenses and other costs related to the accident, a personal injury can have a devastating impact on you and your family.

A properly settled personal injury lawsuit should cover your medical expenses and ensure the financial well-being of you and your family.

Insurance Company Settlements: To avert a lawsuit, an insurance company may offer you a settlement. In many cases, that settlement will be inadequate. When you have legal representation, your attorney can determine if the settlement is fair and just compensation for your damages.

Filing a lawsuit can help you negotiate fair compensation or start the process to settle in court.

Statute of Limitations: Be Aware that You’re on a Deadline

Under Florida’s statute of limitations for personal injury cases, you have four years from the date of the accident to file a lawsuit.

That deadline is an important reason to contact a Personal Injury Attorney as soon as possible after an accident—even if an injury is not at first apparent. In many cases, injuries could take a couple of years after the incident to manifest.

When it comes to personal injury cases, always remember that insurance companies will most likely be involved. They’ll have legal representation protecting their and their client’s interests almost immediately after the accident. You should have an experienced Personal Injury Attorney looking out for your interests as well.

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Your Guide to Personal Injury Law in Florida

Types of Florida Personal Injury Cases

Personal injury cases usually result for injuries incurred as a result of negligence of another party.

In Florida, personal injury cases commonly fall in the following types:

  • Slip and Fall Injuries
  • Automobile Accidents
  • Work Site Injuries
  • Defective Product Injuries
  • Medical Malpractice

Additionally, personal injury cases could include:

  • Nursing Home Negligence
  • Dog Bites
  • Pedestrian Accidents

Compensation (Damages) in a Florida Personal Injury Lawsuit

In Florida, there are two types of personal injury compensations: Compensatory Damages and Punitive Damages.

Compensatory Damages

This is where the costs incurred by the injury are compensated. Costs may include:

  • Medical treatment
  • Pain and suffering
  • Emotional distress
  • Loss of consortium
  • Lost wages
  • Property damage
  • Defamation

Punitive Damages

When there is gross negligence on the part of the defendant, punitive damages may be awarded. In Florida, the cap for punitive damages cannot exceed three times the compensatory damages or $500,000 per individual (exceptions can be made on damages).

Steps in a Florida Personal Injury Lawsuit

We outline the steps of a personal injury lawsuit below. However, we always advise clients to take a critical step if possible after being injured in an accident: Document and preserve evidence.

  • Write down everything about the accident: What, how, where, when and witnesses (names and contact information)
  • Report the incident to proper authorities
  • Take photos of your injuries, damages to property and scene of accident
  • Contact a personal injury attorney as soon as possible before making statements to insurance company representatives

The steps of a personal injury lawsuit include:

  1. Attorney consultation: Free at Fusco Law Group
  2. Case investigation: Independently conducted by your attorney
  3. Demand package: A demand settlement outlining your case, liabilities and damages
  4. Filing a personal injury lawsuit: If demand settlement not accepted
  5. Discovery phase: Further evidence evaluated
  6. Mediation: Between parties in an effort to avoid trial
  7. Trial: Where evidence is presented and judge or jury evaluates facts, fault and possible damage awards
  8. Appeal: Losing party has right to appeal verdict

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