Do You Have A Personal Injury Claim?
Every year, millions of people are injured through the negligence or recklessness of other individuals. In cases like those, it is common for there to be a personal injury claim, a request for compensation justified when a victim experiences injury or losses caused by somebody else’s conduct. Personal injury claims are made in auto accidents, boating accidents, accidents involving aerial vehicles, dog bite cases, medical malpractice cases, and even cases involving dangerous or defective products. But how do you know if you have a personal injury claim? These factors can help tell you.
Your Injury Fits the Definition of a Personal Injury
A personal injury claim has three basic requirements. First, the responsible person must have acted in a careless, negligent, or reckless way. The bedrock of personal injury law is that people have obligations to act in a reasonable manner, referred to as a ”duty” (and in some cases, individuals have more extended duties, like the duties of a doctor or a financial advisor). Second, the actions of that careless party must have caused the injury. And finally, the personal injury must have resulted in harm, that is, there must be damage that can be compensated, like medical costs, lost wages, etc. These are the basic elements of a personal injury claim, and are, in essence, what a personal injury lawyer would be going to court to prove.
Your Personal Injury Meets the Threshold (If Applicable)
In Florida, for some types of personal injuries, including those that arise from car accidents, not every personal injury can be brought as a lawsuit. Florida has a statutory threshold for injuries. For instance, in car accident personal injury cases, the injuries must be such that there is a significant and permanent loss of an important bodily function, significant scarring or disfigurement, death, or injuries that will, to a reasonable degree of medical probability, be permanent. Requirements for different types of injuries and different types of cases and claims can be different. Consult with a lawyer to know for sure whether your injury needs to meet a threshold and whether or not it does.
Your Claim Is Not Barred by the Statute of Limitations
A statute of limitations is a law that prevents individuals from bringing claims after a certain period of time has passed. In Florida, most personal injury claims must be filed within one year or within two years. But if your claim seems to be prohibited by the statute of limitations, be sure to consult an lawyer anyway. There are exceptions to the statute of limitations rules depending on your injuries and when you first became aware of them.
Do you believe that you may have a personal injury claim? If you or somebody you know does, the best course of action is to consult an experienced personal injury lawyer. A lawyer can help advise you on your rights as well as on how to pursue any compensation that you may deserve. A qualified personal injury lawyer can also help you navigate details like statutes of limitations and injury thresholds. At Barbas, Nunez, Sanders, Butler & Hovsepian, our Tampa personal injury lawyers are available to advise you. Call toll-free at 1 (800) 227-2275 for a consultation today.
