Understanding Personal Injury Claims in Florida
Personal injury claims are legal disputes that arise when an individual suffers harm from an accident or injury, and someone else might be legally responsible for that harm. In Florida, navigating the personal injury claim process can be intricate, so understanding the fundamentals is crucial. Here's a detailed overview to help you grasp the essentials:
What is a Personal Injury Claim?
Personal injury claims encompass a wide range of incidents where an individual is injured due to someone else's negligence or intentional actions.
Common types of personal injury claims include:
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Medical malpractice
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Workplace injuries
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Product liability
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Dog bites
What Kinds of Compensation Are Available as Part of a Personal Injury Claim?
Victims of personal injury in Florida may be entitled to various types of compensation, including:
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Medical expenses: Current and future medical bills related to the injury.
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Lost wages: Compensation for lost income and diminished earning capacity.
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Pain and suffering: Compensation for physical pain and emotional distress.
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Property damage: Reimbursement for any property damaged in the incident.
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Punitive damages: In cases of gross negligence or intentional harm, additional damages may be awarded to punish the defendant.
How Do I Find Out How Much My Personal Injury Claim is Worth?
The truth is the value of an injury claim is highly subjective from one person to another. An injury that one person views as minor might be viewed by another as very serious. Most injury cases are settled, but when both sides cannot reach an agreement as to the value of a claim, the ultimate decider is typically a jury in a courtroom. Very few cases eventually make it to this point as most cases are eventually settled out of court.
When we discuss a case's valuation, or "worth", we are not attempting to crudely skip over importance considerations such as the emotional toll and impact of an injury, the egregiousness of the Defendant's actions, or other non-financial matters that are often important to a person who has been seriously injured. Rather, we discuss case valuation because as injury lawyers, getting a money settlement or judgment is often the only solution available in the civil court system. Put another way, we cannot go back in time and undo what happened, and we cannot typically throw the Defendant in jail for their negligence. Usually, all we can do is to try to get an injured person some medical treatment and just compensation after the fact. And so, given that our primary method for achieving justice is through a financial settlement or verdict, we must at some point discuss the topic of what it's "worth".
There are some factors that regularly affect the valuation of an injury claim, which often include the following:
- Medical Bills: Most of the time, claims where the injured person incurs large medical expenses tend to be valued, and settled at a higher dollar amount.
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Injury Severity: How bad the injuries are is often the most important factor in determining the value of an injury claim. People who lose a limb have claims that are valued much greater than a person who has a minor scratch. In many injury cases, this is the topic that is at dispute the most as Defendants rarely want to acknowledge the severity of a person's injuries, even when they have no choice but to acknowledge their own negligence.
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Insurance Availability: While technically the ability for a Defendant or their insurer to pay is not going to change your legal right to obtain a verdict against the responsible party, this is still an important factor in determining a case valuation. This is because injury lawyers are often not able, no matter how skilled or clever they may be, to make a Defendant pay if they are uncollectable or "judgement-proof". If you've heard the expression that you "can't get blood from a stone", that is what we're referring to. It is rarely worthwhile to pursue an injury claim, no matter how valid it may be, if there is no expectation of collecting on the ultimate judgment.
- Liability: In the event that an injured person is considered partially liable for their injury, their recovery may be set off against their percentage of liability as part of Florida's Comparative Negligence Law. This means that if you are found 20% liable for the incident that caused your injury and the Defendant is considered 80% liable, a $1,000,000.00 damages award would be reduced to 80% of that amount, or $800,000.00. Recent legislation in Florida has barred claims in the event the injured person is more than 50% at fault for their injury, meaning the recovery in that instance would be nothing.
At G. Reynolds Legal, we don't shy away from consulting with you on what your claim is worth. We may not be able to give you a firm estimate at the outset of the case while many of the above-factors are still undetermined, but most cases typically see those factors begin to become more certain in the month's that follow. We always advise our clients as to what their claims are worth so that they can make informed decisions on whether to accept a settlement.
Steps to Take After an Injury
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Seek Medical Attention: Your health is the top priority. Even if you feel fine, some injuries may not be immediately apparent.
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Document Everything: Take photos, gather witness information, and keep a record of all expenses related to your injury.
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Consult a Lawyer: Reach out to a personal injury lawyer for a consultation to discuss your case and understand your legal options.
Conclusion
Understanding personal injury claims in Florida is essential for protecting your rights and pursuing fair compensation if you've been injured due to someone else's negligence. Remember to act quickly, document everything thoroughly, and seek professional legal representation to guide you through the process. At G. Reynolds Legal, our consultations are always free. Contact our office to discuss your case and find out if you may be entitled to compensation or use the form below to send us a message!
