There’s so much to do in the warm Florida sun. From sunning yourself on its beautiful Fort Lauderdale beaches to afternoon horseback riding in Ocala, there’s something for everyone. Unfortunately, some Sunshine State residents end up injured by the negligence of others. When tragedy strikes, you may be unaware of how to pursue legal action.
If you’ve been harmed through no action, contact Meldon Law Firm for a free consultation. While you’re on the mend, your legal team will fight for your right to be compensated for your damages to the fullest extent of the law. Don’t leave money on the table while struggling to move forward.
What Types of Accidents Fall Under Florida’s Personal Injury Law?
Accidents of all types happen each and every day. When they’re self-induced, we seek medical treatment and move on with our lives. However, when we’re injured by a careless act from a person, corporation, or product, we’re left feeling cheated and angry. Fortunately, Florida’s Personal Injury Law allows victims to recover damages by filing a personal injury lawsuit.
Vehicular Accidents
Unfortunately, accidents involving cars, big-rig trucks, and motorcycles are all too common on Florida roads. Victims have the right to seek compensation when one driver is at fault and injuries occur. However, Florida is a no-fault state, so your injuries must be severe to bypass this state law.
Medical Malpractice
Medical malpractice occurs when a healthcare professional doesn’t follow the expected standard of care, and a patient’s conditions worsen. This can include misdiagnoses, surgery mistakes, and medication dosing errors.
Dog Bites
Dog bites fall under the umbrella of a personal injury. You could seek damages if you didn’t provoke the animal to bite. Florida’s Dog Bite statute doesn’t require the animal to have bitten other people.
Defective Products
If you’ve been injured by a defective product or one that’s been mislabeled, you have the right to seek compensation for your injuries by filing a claim against the manufacturer.
How To File a Florida Personal Injury Lawsuit
To be compensated for damages from a Florida accident, state law requires you to prove that a person or entity was careless in some way and caused the accident. As a result, you sustained injuries. You’ll need to provide evidence of both.
Hire a Personal Injury Attorney
Navigating personal injury law can be a nightmare if attempting to do it without assistance. To receive the maximum compensation for your accident, working with a Florida personal injury attorney with years of experience handling your particular type of case is crucial. Florida has recently reduced the statute of limitations for personal injury lawsuits to a mere 2 years from the date of the accident, so it’s imperative to hire legal representation as soon as possible.
Collect Evidence
The burden of proof is yours to prove both negligence and severe injuries. With the help of your legal team, this time-consuming task will help you to receive the compensation that’s rightfully yours. The stronger and more consistent your evidence is, the greater the chance of winning a favorable settlement. Typical types of evidence to prove both frequently includes:
- Police accident reports
- Accident scene photos
- Eyewitness statements
- Medical records
- Medical bills
- Medical images like X-rays, MRIs, and CAT scans
Pre-Trial Negotiations
Most personal injury cases are settled before they hit the courtroom. Personal injury trials can be costly and lengthy, and it’s better for all involved if an agreement is reached pre-trail. Negotiations will take place during what’s referred to as the discovery phase, where information, expectations, and evidence is shared. Sometimes mediators or arbitrators will be included in the negotiations when both legal teams cannot agree.
Other Considerations
Your lawyer will handle most of the paperwork and the negotiations, so you can recover or adjust to your injuries without doing much legal work. However, there are a few notable suggestions that you should heed while your legal team does what they do best.
Never state the defendant’s lawyers or insurance company. They may contact you in a friendly way so that you can give your side of the story, but this is never to be done. They’re fishing for something that can be used to limit their client’s liability. If contacted, refer them to your legal counsel.
Another heavily suggested tip is to stay off of your social media. It can feel natural and justified to post your feelings about the accident, your injuries, and your lawsuit. However, your social media posts can be used as evidence that you’re not as severely injured as you claim to be. To help not paint an inaccurate picture of your life, it’s best to refrain from posting on your socials.
Personal Injury Law and What To Do: The Bottom Line
Accidents caused by careless acts can cause victims more than just physical injuries. Many are left feeling frustrated, accompanied by sleepless nights while worrying about their futures and how to cope. This is a sad reality for some accident victims.
If you’ve been injured, contact an experienced Florida personal injury attorney who will fight for you to get the maximum compensation. No matter how cut and dry your case may seem, seeking compensation without legal counsel is never advisable.
