The Most Common Personal injury Claims in Florida
If you have been injured as a result of someone else’s negligence, you have the right to file a personal injury claim against the negligent party who caused your injuries.
Common personal injury claims in Lakeland, Gainesville, and throughout the state of Florida include:
- Motor vehicle accidents (auto, truck, motorcycle, & pedestrian)
- Slip & Falls
- Medical Malpractice
- Products liability (defective products)
- Premise liability
- Work accidents
If you have been injured in an accident, you should immediately speak with a personal injury attorney so that you can determine the validity of your claim and create a plan of action. Do not speak with the defendant’s insurance company before you have spoken with an attorney, as anything you say to the insurance company will be used against you to ultimately reduce your compensation amount.
Statute of Limitations
In Florida, if you have been injured in an accident as a result of someone else’s negligence you have four years from the date of injury to bring forward a lawsuit against the party that caused your injuries. If your injuries were the result of medical malpractice, you have two years from when the malpractice occurred or two years from the date that the malpractice was discovered or should have been discovered to bring forward a lawsuit. A medical malpractice lawsuit must be accompanied by a reasonable investigation sworn certificate as outlined by Florida Statute § 766.104.
If you have been injured in an accident or suspect that you have been a victim of medical malpractice, contact a Lakeland personal injury attorney to discuss the statute of limitations surrounding your incident. Failure to file a lawsuit within the time specified by Florida Statute § 95.11 could forever bar you from doing so.
How Much is My Case Worth?
Each injury and each case is very different and the recovery in any case can vary greatly. More severe injuries, such as catastrophic injuries that leave permanent damage, are valued higher than soft tissue injuries (i.e. neck strain or back strain). Whatever your injuries are, an experienced personal injury attorney will carefully evaluate all data and value your case so that when presented with a settlement offer the reasonableness of a settlement offer can be determined.
How Long Will My Case Take?
As previously mentioned, every case is different and no case will resolve at the same time. That being said, there are some things that your attorney can do to expedite the resolution of your case. One of the ways this can be accomplished is by submitting a compelling demand letter to the defendant’s insurance company. The demand letter should contain a thorough summary of the events surrounding the incident, a summary of your economic and non-economic damages, their insured’s negligent role in the incident, and the letter should be accompanied by all supporting documents.
A strong demand letter forces the insurance company to carefully evaluate the claim and weigh their pro’s and con’s on settling the claim or taking a risk with a potential lawsuit. The demand letter should paint a picture that sways the insurance company to make a solid settlement offer. If you have been injured in an accident and wish to obtain an evaluation of your case, contact Abercombie, P.A., which offers free personal injury consultations and services clients throughout central Florida.