Accidents and injuries can happen anywhere at anytime. You may have slipped on a wet floor in the grocery store or suffered a neck injury in a car accident. But does it mean you can file a personal injury case in Florida? Not necessarily. In order to collect compensation in a personal injury lawsuit, your injuries must have been caused by a negligent party. Even if you have suffered serious or catastrophic injuries in an accident, you may not have a valid personal injury claim.
Important Questions To Ask
Before you seek legal representation from a personal injury attorney, it is important to ask yourself some key questions. Here are three key factors that can help determine whether you are entitled to file a personal injury lawsuit.
1 Did you suffer a personal injury from an accident or just property damage?
2. Were your injuries caused by the negligence of others?
3. Do you have damages that are recoverable?
If you have answered yes to all three of these questions, you may be entitled to file a personal injury lawsuit in Florida. When the time comes to seek representation from a personal injury attorney, it is important to ask all three questions during your initial consultation.
Did You Suffer a Personal Injury?
It may sound like an obvious question. But it is perhaps the most important. The term personal injury is defined as any injury inflicted to the body, mind or emotions as opposed to any property damage. For example, if you suffer a broken hip or a concussion after tripping on cracked sidewalk, it would be considered a personal injury. The same goes for anyone who has suffered depression or anxiety as a result of a car accident.
Although many personal injury lawsuits involve car accidents, not all car accidents are personal injury cases. If you were involved in a minor fender and suffered no injuries, it would not qualify as a personal injury case. The accident victim should instead file an insurance claim or pursue a small claims suit.
Were Your Injuries Caused by a Negligent Party?
Simply suffering injuries in an accident is not a sufficient reason to file a personal injury lawsuit. Your injuries must be the result of negligence by another person, entity or business. In may cases, the defendant displayed careless behavior. For example, some business owners often neglect to maintain their property. There are four key elements when proving negligence. They include the following: :
Have You Suffered Injuries Due to the Negligence of Others? The Wesley Chapel Personal Injury Attorneys at DHW Law, P.A Can Help
Accident never announce when they are going to happen. But when they do, they can be devastating. Catastrophic injuries require a lifetime of medical attention and treatment. If your injuries were caused by the negligence of others, it is vital to recover the maximum compensation to account for your medical expenses, damages, lost wages along with your pain and suffering. Over the years, the husband and wife team of David and Gwen Walkowiak have utilized a personable and comprehensive approach to protect the rights of accident victims. It is part of their commitment to place each client in the best position to succeed. To learn more, contact their law office in Wesley Chapel and schedule a consultation to discuss your case.