People can be injured in many different ways, all of which occur suddenly and without prior warning. While some accidents are minor and do not lead to serious injuries, those that are serious can have devastating effects that last a lifetime. If your are looking for more in for more information Suing for personal injury Below is an overview of personal injury law in Tampa, Florida and how it may help you obtain compensation for injuries due to someone else’s negligence.
In this article we cover some of the most frequently asked questions including:
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Types of Personal Injury Claims
What Can Be Compensated in a Personal Injury Claim?
How Much Time Do You Have to File a Personal Injury Claim?
How are Personal Injury Settlements Calculated?
How Long Does a Personal Injury Lawsuit Take?
What is Personal Injury Protection (PIP) or No Fault Insurance?
Should I Handle My Personal Injury Case on My Own?
While there are many different incidents that can lead to injury, personal injury claims are typically the result of:
When a loved one is killed due to the negligence of someone else, a wrongful death lawsuit may be filed. This is a lawsuit filed on the behalf of the victim, by the spouse, parents, children or step children seeking compensation for damages.
In personal injury cases, victims are compensated by being awarded money for certain damages. These damages may include:
When someone is permanently disabled due to an accident, they may be compensated for wages they would have been able to make but could not because they cannot work. These damages are awarded as future lost wages. This type of settlement may also be awarded to someone who returns to work, but cannot make as much money as they did before they were hurt. Past lost wages or income are recoverable losses as well.
Every state has a specific time frame in which accident victims can file a personal injury claim. In Florida, accident victims must file their lawsuit no later than 4 years from the date of the accident. If the case involves a claim against the government or Florida city, the statute of limitations is 3 years from the accident date to give notice of the claim and if it is done properly then there are four years to bring a claim. Failing to file a lawsuit within this time frame, will most likely result in the case being dismissed without being heard by the court and no compensation awarded. Medical malpractice cases must be brought within two years and many cruise ship cases require notice within 6 months and suit to be filed within 1 year.
See Florida’s Statue to Limitations here.
Negotiating a settlement for a personal injury case is a complex process and is best done by an experienced Tampa personal injury lawyer. Expenses that are considered when negotiating a settlement with the at-fault party’s insurance company include:
There is no specific time frame in which a personal injury lawsuit may be settled. While it is true the vast majority of personal injury cases are settled out of court, there is no guarantee this will be the case.
Personal injury claims may take time for each side to interview witnesses, speak with medical experts, gather police report information and calculate damages. If the case goes to trial, it will take longer to obtain a settlement than if it is negotiated successfully out of court.
Personal injury protection (PIP), is a type of coverage that is required in Florida. This law requires every driver to carry at least $10,000.00 worth of PIP coverage. In the event of an accident, your own insurance company is required to pay for your medical bills no matter who was at fault. This is the meaning of no fault insurance. PIP also covers your lost wages up to the $10,000.00 limit. Your insurance company is not allowed to raise your rates if the accident was not your fault.
The legal process involved in personal injury cases in Florida is complex and difficult to navigate. For this reason, it is best to seek the advice of an experienced personal injury lawyer in Tampa. In addition, negotiating a settlement for compensation is best done by a lawyer with experience in this area. Statistics have shown that insurance companies typically offer lower settlements to those who are not represented by an attorney.
If you have been injured due to someone else’s negligence in Tampa, contact Jack Bernstein, Injury Attorneys for a free case evaluation. During a consultation, Jack Bernstein, Injury Attorneys will carefully review your case and let you know the best way to move forward with your claim.
While filing a personal injury lawsuit is not a quick and easy process, it may be the best way for you to obtain a fair settlement for your lost wages, medical bills and injuries. Having an experienced lawyer on your side will decrease the stress associated with your case. Pick up the phone and call (813) 333-6666 to speak with Jack personally about your case.