A severe accident injury can be catastrophic. Tragic accidents can change your life forever, such as spinal cord damage.
With the help of a personal injury lawyer in Tampa, you can obtain compensation for your losses. They can create an informed legal strategy, helping you avoid insufficient settlement offers from the insurance company.
Period of Limitation
The statute of limitations is the statutory time during which a personal injury claim must be filed. If the case is not filed before the stipulated deadline expires, it will be dismissed by a court regardless of its validity.
Therefore, you must consult a qualified injury lawyer and begin filing your claim well before the statute of limitations. It will give the attorney ample time to gather essential records, including medical reports, witness statements, police reports, and other evidence, to create a compelling argument for your personal injury Tampa FL.
The statute of limitations may occasionally be tolled (paused) to allow the injured party enough time to initiate a lawsuit. It could occur when the defendant flees the state, if the victim is underage or legally incapacitated, or if there are other unforeseen circumstances. These exceptions are rare, however.
Duty of Care
To file a personal injury lawsuit, you must first prove that the person/entity who injured you breached their duty of care to you. This duty is based on several factors, such as the relationship between you and the defendant, the circumstances surrounding the accident, and what they were responsible for at the time of the incident.
Your personal injury attorney will work with you to gather evidence, interview witnesses, and conduct a full investigation into the accident. They will also help you collect medical records and documents and calculate damages.
Sometimes, your lawyer must show that violating the defendant’s duty directly led to your injuries. It includes demonstrating that if the defendant did not violate their duty of care, they would not have suffered any injuries. It may also prove that the extent of your injuries, non-economic losses, and damages are proportionate to your fault for the accident.
Causation
According to Florida law, the defendant must have been at fault for the plaintiff’s injuries to be held accountable. These actions can include a breach of duty to another party or negligence per se.
If multiple factors caused the accident, it may be challenging to prove causation. A personal injury attorney can analyze the evidence and determine the most likely cause of the accident on your behalf.
In Florida, personal injury claims, in addition to economic damages like medical bills and lost earnings, claimants are also entitled to non-economic damages. These can involve suffering from both physical and mental conditions.
Due to the modified comparative fault system, you are still eligible to get compensation for your injuries, even if you contributed to the collision somehow. However, your share of fault will reduce the damages you can recover. You can determine your losses with a personal injury attorney, who can also ensure you get a just payout.
Damages
When you have suffered financial and non-financial damages due to someone else’s negligence, Florida law allows you to recover compensation. These can include medical bills, lost income, and pain and suffering.
The ideal legal course for your circumstances can be determined with the assistance of a personal injury attorney. They can also review medical records, conduct a full investigation, and gather other evidence to support your case. They can then calculate your damages and assist you in negotiating with the insurance company.
Keeping a journal of your daily experiences following the accident can also prove valuable for your claim. Each entry can demonstrate how the incident has impacted your life physically, socially, financially, and emotionally. Your lawyer can use these entries to strengthen your argument for a maximum settlement award.