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Why File a Personal Injury Lawsuit

If you were injured as a result of someone else’s negligence, you are entitled to compensation for damages incurred by this negligence. You may even be entitled to punitive damages, depending on the negligence of the other person. It’s important to know your rights when it comes to personal injury cases because these can be devastating both financially and physically, not to mention the emotional trauma that can be associated with the accident and your injuries. This article will help you learn everything that you need to know about personal injury lawsuits so that you are better informed as to what this process entails.

Types of Personal Injury Cases

There are so many different types of personal injury lawsuits which are meant to help victims recover money from medical bills and other expenses that are associated with their injuries. Accidents happen, but you do have the right to recover compensation when you are injured in an accident. In this section, you can get a closer look at the most common of these personal injury lawsuits.

Some of the most common types of personal injury cases include:

Premises Liability/Slip and Fall Accidents

These are actually more serious cases than you may think they are. You didn’t fall because of your own clumsiness in these cases; you fell because of some hazard that could have been prevented. These injuries cover any premises where you fall as a result of the property owner’s negligence to ensure that the property is properly maintained, inspected, or because a hazard wasn’t remedied in a reasonable amount of time. There are a variety of different situations that are covered here including wet flooring, spills, torn/ripped carpeting, cracked tiles, and cracks/holes in the pavement.

Wrongful Death

Wrongful death cases are heartbreaking ones to take on because they revolve around some unnecessary tragedy that could have been avoided. These are highly complex cases because they not only focus on the typical types of compensation that you can get from personal injury cases (like medical bills and lost wages), but you can also get compensation for funeral costs and lost of companionship as well. These are damages that you can recover from as a result of your loved one dying as a result of some accident caused by another person. This can not only help you financially, but there’s also some closure that you can get when finding justice for your loved one.

Brain/Spinal Cord Injuries

Anytime the brain or spine is injured, this can be particularly devastating. You can potentially sustain permanent injuries that can significantly impact the quality of life. Getting the compensation that you need to not only pay your current medical bills, but also the long-term medical care that you may need as a result of your injuries, can give you peace of mind that during these struggles you won’t have to worry about paying for the essential care that you need.

Birth Injuries

The birth of your child should be a magical thing for you and your family to experience. Unfortunately, the problem is that sometimes the medical professionals in charge of the care of both the mother and the child can lead to serious conditions that can impact them for the rest of their life. For instance, a newborn can become injured leading to brain damage, paralysis, and cerebral palsy. These are conditions that can impact their quality life and cause financial strain because of the long-term care that is necessary for children with these conditions.

Fire/Burn Injuries

Burn and fire injuries can be some of the most significant and life-altering injuries. Maybe you or a loved one was badly burned at work due to chemicals used there. Maybe there was a fire that occurred as a result of something completely avoidable by the property owner. There are plenty of ways that an accident can happen and lead to fire and burn injuries that can significantly impact your life. The medical bills associated with these types of injuries are also very expensive, far more expensive than you may anticipate.

Animal/Dog Bites

Dog bites and other animal attacks can be particularly brutal. If someone else’s pet causes you or a loved one serious harm, you have a case for a personal injury lawsuit. These are complex cases where you can benefit from having an experienced personal injury lawyer on your side.

Negligent Security

If an injury or death was caused by negligent security on the premises, you can collect compensation. If the property owner didn’t take the reasonable precautions to keep people on their premises safe, they are liable for any injuries that happened as a result. Some examples of negligent security include:

  • Door and/or gate that wasn’t properly locked.
  • There are repeated security issues due to the improper maintenance of security measures, or they are not fixed within a reasonable amount of time.
  • There’s a need for metal detectors, security teams, and adequate lighting, but the property owner never made these investments.

Understanding Personal Injury Lawsuits - Compensation You May Be Entitled to In Personal Injury Lawsuits

If you were injured in an accident, you are able to receive compensation for any damages caused by this accident. The purpose of this compensation is because the law doesn’t believe that victims of someone else’s negligence should have to bear any financial burden placed on them as a result of these injuries. There are various types of damages that you may be able to receive compensation for, including:

Medical Bills

If you were injured as a result of an accident, you will likely have medical bills to pay for your recovery. These medical bills include tests, hospital stays, treatments, and any potential outpatient care that you need to address all of your injuries. However, if you were seriously injured, you may need medical treatment beyond just a few days of care. You may even need long-term care because of your injuries. These medical bills can really add up.

Not only are you entitled to any current medical bills, but you are also entitled to any future medical bills as well. Your medical professionals just need to prove that there is a need for ongoing treatment, and this can be used as evidence for this compensation.

Lost Wages

Sometimes injuries are serious enough where you may need to miss work. Maybe you need to take time to go to doctor’s appointments or spend time in the hospital due to your injuries. Maybe you just were so severely injured that you are unable to work. Whether you need money for the few days that you have missed work or you need compensation for your inability to work in the future, you are entitled to compensation for lost wages.

Pain and Suffering

This is a more complicated type of compensation to put a value on, but the amount that you are eligible for will depend on the severity of your injury and the treatment required for these injuries. This compensation can exceed $1 million if your case goes to trial in front of a jury. You need to be sure that you show sufficient evidence for your claim of pain and suffering damages.

Emotional Distress

This type of compensation is about the emotional and mental state of the victim after an accident. Depending on the specific nature of one’s accident, an accident victim can be suffering from a wide range of emotional and mental issues including depression, trauma, and anxiety. In order to get emotional distress compensation, you need to get records from your therapist or mental health care professional such as your diagnosis and other essential information from them.

Wrongful Death

Wrongful death is a type of compensation that the survivors of the individual or individuals who were killed can be entitled to. These survivors are left without their loved one and all of the lost income, love, support, and other things offered by their late loved one. This type of compensation is meant to cover any medical bills, lost income, and funeral expenses that were incurred as a result of the accident and death of their loved one.

Punitive Damages

These damages are meant to punish the defendant for their actions, which led to the injury or death of you or a loved one. These are to make an example of the defendant, rather than just make the plaintiff whole as with other types of damages. You can only get punitive damages if the negligent party was so negligent in their actions that their behavior was egregious. For instance, if an insurance company is acting in bad faith or a doctor committing malpractice. These damages are used to punish people who acted in a manner of willful and wanton misconduct. 

Loss of Consortium

If you or your loved one has been injured so severely that it’s impossible to have a complete relationship, or if someone was killed, then there is the opportunity to recover for loss of consortium.

When You Should Consider Filing a Personal Injury Lawsuit

You should file your personal injury lawsuit as soon as possible. For one thing, this will help you get your money quicker. But most importantly, this is because there is a short period of statute of limitations, so you want to get your case filed as soon as possible to avoid missing your chance to receive compensation. But some people wonder whether or not this is the right way to go. In this section, you can get a better look at exactly when you should file a personal injury lawsuit.

Is Your Case Strong?

To prevail in a personal injury claim, you need to have a strong case. If you go to court, you need to have enough evidence to where you can convince a jury that you deserve compensation for your injuries. Even if you settle your case, you need to have a strong case to have a leg up during the negotiations. There are a few things that you need to prove, including:

  • The defendant had a duty of care to keep you safe.
  • The defendant breached this duty of care and was responsible for the accident.
  • The accident that occurred was both caused by the defendant and was what is responsible for your injuries.

A lawyer can help you determine whether or not you have a viable claim against the other party for damages.

Have You Gone Through a Negotiations Process?

You don’t have to go through a jury trial in order to get your compensation. In fact, most of these types of cases never even make it to court. For the most part, these cases are worked out in negotiations, where the parties will agree upon a settlement. It’s a good idea to have a lawyer on your side during negotiations to ensure the best possible outcomes. They can come up with a fair settlement amount and can ensure that you have the evidence that you need to succeed.

About Statute of Limitations

As previously mentioned, you should file a personal injury lawsuit as soon as possible. The primary reason for this is because of statute of limitations. Statute of limitations is the timeframe that you have to file a lawsuit. If you don’t file your lawsuit within this timeframe, you cannot receive compensation for your injuries. Every state has their own laws about statute of limitations, which means that you need to know what your state’s laws are so that you can be sure to file your case in time. This is why you should file your case as soon as possible.

Filing a Personal Injury Lawsuit

A personal injury lawsuit is a process. Knowing the different parts of this process can be helpful in helping you know what to expect, making this process a little less anxious for you. This section will take a closer look at the process so you can better understand every step of this process.

Does the Insurance Policy Cover the Accident?

One of the first things to look at is insurance. Insurance policies are there to protect yourself and your assets in case there is an accident. If someone else is responsible for your injuries, you should see if they have insurance that can help cover any expenses associated with your injuries. The reason why this is important is because you want to be able to collect any damages that are awarded to you. You won’t get as much (or any) money if the other party didn’t have the right insurance, you won’t be able to collect any money for your injuries.

Hiring a Personal Injury Attorney

A personal injury attorney is essential if you are going through the process of a personal injury case. Even in the simplest cases, it can be a good idea for you to get a lawyer. A lawyer will first examine whether or not you have a viable claim against the other party. From there, they will start compiling evidence and work hard to ensure the best possible outcomes for your case.

A lawyer is important to have on your side for this process. They will talk to the other parties for you, so you don’t risk saying anything that could potentially hurt your case. They will know exactly how much a fair amount is to ask for and will work hard in the negotiations to get you the compensation that you deserve.

A personal injury attorney is essential if you are going through the process of a personal injury case.

Contact The Injury Firm

954-951-0000

To File or Not to File

Sometimes people decide to find other approaches rather than just filing a lawsuit. A lot of the hesitancy comes from not wanting to go through a jury trial to get your money, then get less money because trials are so expensive. However, most cases are settled out of court, meaning that you won’t typically get to trial. The process will start in negotiations before heading to court. This is where both sides come together to try to come up with a fair settlement amount. If the settlement doesn’t go well, the lawyer will then take the case to trial.

The Different Steps of the Personal Injury Lawsuit

There are different steps of a personal injury lawsuit that you need to understand, which can make the process go more smoothly. These steps include:

  • Hiring a lawyer
  • Building a case
  • Settlement negotiations
  • Filing a lawsuit
  • Discovery
  • Trial

These different states are important to make sure that the process is a thorough one. But most of these cases are settled out of court, meaning that you don’t have to worry about a lengthy trial or the added expense that a jury trial can cost.

Conclusion

It can be an incredibly stressful time when you are going through recovering from your injuries after an accident. These injuries can wreak havoc on every aspect of your life, especially when it comes to your financials and quality of life. By understanding what your rights are and everything to do with these types of cases, you can see why it’s important for you to file a personal injury lawsuit to receive the compensation that you are entitled to.

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Disclaimer

The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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