How To Claim Personal Injury In Florida
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Personal Injury can refer to an injury that is sustained by the body or the mind due to an accident on roads, at workplace or even any public place. The bulk of personal injuries are sustained due to road accidents. Of the 53 states in the country, 12 of them have “no fault” insurance laws for road rages and Florida is one of them.
In case of any road or highway accident, it is best to get in touch with a specialized personal injury lawyer in Florida. Claiming Personal Injury calls for abiding by several strict laws and regulations with intricacies involved that only the legal experts with several years of experience in the domain can deal handle.
Statute of limitations
First and foremost, after an accident make sure that you get in touch with one such lawyer at the earliest possible. In Florida there is a specific statute of limitations for Personal Injury cases, that stipulates that you have only 4 years from the date of the accident to file the lawsuit in a court of law. In case you develop a medical condition after this date that is directly attributed to the accident, the court will most likely refuse to hear your petition after the date.
Negligence laws for motorists
It is also important to know that Florida follows a “pure comparative negligence rule” for road accident injury claims. This means that in case the other party involved in the accident turns around and blames you for the accident, your compensation percentage is likely to suffer unless you have a strong legal backing.
“No-fault” insurance laws
Most importantly, the “no-fault” insurance law specifies that each car driver carry at least $10,000 by way of Personal Injury Protection (PIP). In the event of an accident, the respective parties will be compensated by the individual insurance companies to cover medical bills and other damages. The insurance rules sure vary for motorcycle and truck drivers.
In most cases, the PIP covers only a part of the medical costs, damages and lose of wages incurred. This leaves most motorists with very little money to be compensated for the outcome of the accident.
Personal Injury threshold
However, as per Florida laws, injuries that cross a certain threshold can be declared as Personal Injuries. These are cases when the injuries sustained are permanent in nature in that they have resulted in permanent loss of a significant bodily function, caused permanent scarring or disfigurement or has caused death. Victims or their close ones can claim Personal Injury compensation in such cases, but the service of a veteran lawyer is absolutely essential.
Determining claim amount
Personal Injury solicitors help victims by carefully accessing and re-enacting the accident scene to prove the fault of the erring party. They also work closely with medical specialists that help establish the seriousness of the injury, its future impact on the person’s every day, personal and work life. Caregivers help calculate future medical costs involved and other professionals the loss of potential income that the person has to suffer in the years to come.
These are extremely intricate areas and only a seasoned Personal Injury lawyer who has worked on several such cases can help you claim compensation successfully.