What is a claim for personal injury?
Every day thousands of people drive or walk, travel, works in Florida. Hence, it won’t be surprising to know that accidents and injuries have become a predictable part of their lives. Many accidents occur on daily basis and it becomes even more disturbing when you know that the situation could have been avoided if the other person would have taken some precautions or not acted carelessly. Nevertheless, if you are a victim of personal injury due to somebody’s carelessness or someone in your family is injured, then you have all the rights to file a personal injury claim against the negligent party.
More understanding about Personal Injury law
The term “Personal Injury” is self- explanatory in itself. A person can file a personal injury claim if he or she is injured due to negligence of the other party. In fact, the basis of any personal injury claim is to determine the negligent party. A personal injury claim can be formalized through formal and informal settlement.Formal Settlement – In this settlement, civil court proceedings take place to determine the party at fault. This can be determined on the basis of the evidences collected by various parties from the accident scene like police reports, testimony of witnesses, medical reports, arguments made by both the parties etc. Depending on the information received during the trial, the judge and the jury makes their decision to confirm the negligent party and who would be liable to pay the compensation.Informal settlement – Usually most of the personal injury cases are settled informally out of court. This means that the parties involved in the dispute informally agree to the settlement after the evidences collected by insurance companies. In this settlement, the disputing party needs to sign a form of negotiation that claims that they agree to the amount of settlement and would not like to precede any further court proceedings.
Florida Personal Injury Laws & constitutional Rules
Personal injury law varies from state to state. So, if you are filing a personal injury lawsuit in Florida, you need to be familiar with the laws of the state because they can affect your case. Here are some important laws that need to be kept in mind before filing a claim:-
Time to file lawsuit – to file a personal injury claim, the claimant needs to file a claim within 4 years from the date of accident in the Florida civil court. In case you fail to file the claim within the time frame, the court would more likely reject to even hear your case.
Comparative law of negligence – This law is applicable in situations where the offended party claims that it was equally your fault as well that caused the accident. In such situation, Florida comparative law of negligence takes place in which the amount of compensation is reduced depending on your percentage of fault in the accident.
No Car-Fault Insurance laws – this law is applicable for car accidents. In this, no party is held responsible for the car accident. The injured person insurance company is liable to pay all the charges for the damages incurred.
Damage cap – In this law, the offender would only pay for the charges that have incurred to negligent behavior and not for non-economic damages. The damage cap law limit on the amount of the money that an injured person can receive in some kind of cases.
Stages of Personal Injury Lawsuit
A personal injury lawsuit goes through certain stages. Here is some information on each stage of the case:-
Gathering information – In this stage, both the parties are given time to collect evidence and facts from the opposing sides. This helps in bringing only those facts that would be presented during the court proceedings and there are no surprises. This helps both the parties to prepare fully for the case.
Formal Settlement trial – In this, the judge examines evidence gathered from both the parties and depending on the evidence and testimonies, the court decides whether or not the defendant is legally liable to pay for the damages incurred by the other party.
Hire Personal injury lawyer – personal injury lawyer is an important part of personal injury claims as they help in collecting evidence and build a strong case so that you can have a successful resolution. A personal injury lawyer is aware about all the laws pertaining to personal injury and that further helps in strengthening the case.
If you are looking for a personal injury lawyer in South Florida, contact Mark Schiffrin P. A. law firm at 954-866-7722.