What is Personal Injury?
Personal Injury covers a broad spectrum of potential legal claims. Thousands of people are injured or killed each year in Florida because of someone’s negligence. These claims can range anywhere from car crashes to negligent security to premises liability, such as slipping and falling. Personal injury cases can be very overwhelming and have a very dramatic impact on one’s life. For a plaintiff to recover on a personal injury case, they must prove that:
- A defendant had to be careful in someway
- A defendant failed to do this and as a result, they caused injury in some instance
Florida law often allows victims to recover for the economic and non-economic losses associated with their injuries. These damages can include:
- Medical Expenses and Care
- Lost income and wages
- Property damage
- Pain and suffering
- Loss of future earning potential
How Much Time Do I Have to File a Case After I Have Been Injured?
In the state of Florida, you have 4 years to file a suit against a third party and 5 years to file against your own insurance. Although Florida allows a longer statute of limitations than most states, you shouldn’t delay contacting an attorney. By waiting to file a case, you can lose important evidence and key witnesses that may be vital.
The sooner you file a case after an injury, the better chance your attorney has of securing witnesses and evidence to support your case.
What Steps Can I Take to Secure my Personal Injury Claim?
Immediately following an injury or accident, a plaintiff should seek medical attention. Aside from medical treatment being important for your health and well-being, it can help promote a quick, successful recovery and will strengthen your personal injury case. You will be also be protected from the defendant claiming that your injuries were caused, or made worse, by your failure to seek proper medical treatment. Medical records and documentation can be used as evidence in court. The earlier these records are obtained, not only will they be considered more accurate, but they will hold more credibility for a judge.
Additionally, if possible, collect any names and contact information of possible witnesses. Take pictures of the accident and location it took place.
If it is a serious accident or injury, then you won’t be able to collect this information and seeking medical attention should be your main priority. Make sure to contact a personal injury attorney, such as Jennifer Meksraitis as soon as you can and they can help take charge of gathering any witnesses or evidence important to your case.
Will My Personal Injury Case Go to Trial?
Each personal injury case is different and the approach to how they are handled is dependent on the specifics of the case. Whether or not a case goes to trial is dependent on what the client wants – an attorney can only advise on the matter. The specifics of the case can be based on multiple variables, for example what the plaintiff or injured party’s goals are and what the defendant has to offer in response to that.
In some instances, a personal injury case can be resolved through settlement. This is when the two parties reach an agreement on a case without going to trial. Often, personal injury cases go through mediation; a neutral party hears both sides of the case and helps the plaintiff and defendant reach a settlement without going to court. Parties are required to mediate prior to trial.
How am I Going to Afford a Lawyer?
In a lot of cases, the first thought when looking to hire a lawyer is “how much will this cost?” and “who is responsible for paying this?” Personal injury cases are handled on a contingency fee basis. This means attorney’s fees would are paid from any recovery in a case. Typically, the fee ranges from 1/3 to 40% of the recovery.
If you have experienced an injury, you should not avoid legal counsel or medical attention for monetary reasons. You do not need any money to talk to Jennifer Meksraitis about your personal injury case. If you have been wrongfully injured, seeking legal counsel can help you navigate the confusing and stressful process of paying your medical bills.
Talk to Jennifer Meksraitis Today
Personal injury cases are complex and involve large sums of money. It is advisable for anyone who has been injured in a Florida personal injury case to retain effective and experienced legal counsel as soon as possible. The sooner after you are injured or in an accident, the better it is to contact an attorney.
Contacting an experienced and aggressive attorney like Jennifer Meksraitis can take the stress off of you and allows you to focus on recovering while she fights to pursue your rights and financial interests. Jennifer Meksraitis is available to answer any questions you have about filing an injury claim and what you can expect from the legal process. Call (813) 600-9137 or email Jennifer Meksraitis today for your free consultation.