The Q & A On Personal Injuries
Brian O Sutter
Personal Injury
When you or someone you love is injured in an auto accident, a slip and fall incident, or any event that was the result of someone else’s negligence, it seems personal. Though all injuries are unfortunate, those that could have easily been avoided seem to hurt the worst.A Long Way From Normal
Many of those involved in an accident of any type just want to get everything taken care of so they can go back to “normal.” Some motor vehicle accidents, however, take away everything that once was normal and leave you with a new way of life. From the destruction of a vehicle to the destruction of a body, life after an accident is rife with changes.
After an auto accident, there are many questions that people ask themselves: Why did this happen? What went wrong? How will I continue? And though questions of that magnitude might be difficult to answer individually, there are a host of other important questions that might be easier to explain.
Q: Can I hold the other party responsible for injuries I sustained in the accident?
A: Florida is a no-fault state. This means that no one can be held liable for another person’s injuries in an auto accident even if they caused the accident. Drivers in this state are required to carry personal injury protection on their own insurance policy that will cover their medical expenses. Serious injuries are the exception to this rule.
Q: How serious does my injury have to be in order to file a claim against the negligent party?
A: In the state of Florida, injuries sustained in an accident must be fairly severe in order for you to seek compensation. The injury you sustain must fit into one of the categories below:
• Significant and permanent loss of an important body function
• Injury that is permanent
• Significant and permanent scarring or disfigurement
Though there might be a great deal of pain from your accident, the injury must cause permanent damage that impairs your quality of life to have a case.
Q: What about the comparative negligence law?
A: Florida is a state that looks at both parties in an accident to see if both contributed to the accident in some way. If you share a percentage of fault in an accident, that percentage will be deducted from the compensation you receive. For example, if the driver of the other vehicle ran a stop sign, and you were checking your phone at the time of the accident, you might share 20% of the blame. Your compensation will then be reduced by 20% under the law.
Q: How long do I have to file a personal injury claim?
A: Under the statute of limitations law in Florida, you have four years from the date of the accident to file a lawsuit with the civil court. This allows time for you to discover if your injuries are permanent and decide to seek compensation.
Q: How do I file a personal injury claim against another party?
A: You can make a claim with your insurance company as well as a third-party claim with the other party’s insurance company. It may be difficult to achieve the outcome you desire, though. Florida is a state that has so many different laws and statutes, personal injury litigation can be difficult to do without an experienced personal injury lawyer on your side.
Working with a local personal injury attorney who is familiar with the case law, judges, and injuries that meet the threshold in the state of Florida is the best way of recovering some of what you have lost.
The attorneys at All Injuries Law Firm can help you get the compensation you deserve after a car accident, even when the insurance company tries to argue that you don’t qualify. If you have questions in the Ft. Myers area, we’re here to give you answers. Contact us today to get back on the path toward normal.