:: Personal Injury

A personal injury occurs when you are injured by another person's negligent or intentional act. Because the injury is to your person, it is considered to be personal to you. Thus the reason such legal actions are called personal injury claims.

Most personal injuries occur as a result of another person's negligent conduct. However, a smaller percentage of personal injuries occur when someone engages in intentional conduct. Nevertheless, the majority of personal injury claims involve motor vehicle accidents, slip and fall accidents (premises liability), or professional negligence (medical malpractice). Importantly under Florida law, even if you are partly to blame for your injury, if another person is also partly to blame then they are held financially responsible for their percentage of the damages and costs that you incur as a result of the injury.

If you have been injured as a result of another person's negligent or intentional act you may be entitled to bring a claim for out-of-pocket medical expenses, lost wages, inability to earn future income, pain and suffering, disfigurement, disability, and inability to lead the same life style you had before the incident. In the final analysis, the amount of money that you receive to compensate you for your injuries is dependent on the fault attributed to you, the fault attributed to the other party, and the extent of your injuries.

However, Florida limits the amount of time you may wait to bring a personal injury lawsuit. This is known as a statute of limitations and is codified in Section 95.11, Florida Statutes. This is important to keep in mind because the total extent of an injury may not be determined immediately after the initial incident. This is particularly true with injuries to children, injuries that cause psychological problems, and injuries which aggravate pre-existing conditions.

If you believe you have a personal injury claim against another person or company you should do several things:

1. First, you should identify and document all potential witnesses to the incident giving rise to the injury you suffered.
2. Second, you should document (photograph injuries, maintain receipts, keep a daily journal) all injuries, lost work time, changes in your life style, and any other noticeable changes in your daily lifestyle.
3. Third, you should not make any statements to any individual or insurance company until you have retained counsel. The reason is that you have a right speak with an attorney prior to giving your statement and once you speak with them you are locked into whatever statement you made, even though your injuries or difficulties may change later on.
4. Fourth, you should consult with an attorney as soon as possible to determine your rights and any cause of action you may have against the individual who caused your injury.

Finally, it is important to know that just because you have been injured, you do not necessarily have to file a law suit to recover the costs and damages incurred as a result of your injuries. While there are many individuals, companies, and insurance carriers who consistently deny liability for injuries they or their agents caused, in which case it is necessary to file suit, there are also many entities that are willing to settle your claims in good faith without long and drawn out litigation. This is generally the case with minor injuries with no permanent disability, as it is usually economically advantageous to the entities to settle the matter without a law suit.

However, where there is a dispute over fault or a dispute as to the extent of the injury, many entities will deny coverage. It is at this point that a law suit will be necessary to recover the damages you are legally entitled to.

:: Contact Me

If you have been injured, I encourage you to contact me so that I can advise you of the best way to handle your personal injury claim.