After a serious accident, you may be wondering whether you are eligible to receive compensation for your injuries. If you were injured due to someone else’s negligence, carelessness, or recklessness, you may have a personal injury claim.
Personal injury lawsuits can involve injuries in many different settings and situations such as dog bites, premises liability injuries, pedestrian accidents, defective products, and more.
A personal injury claim may be filed in connection with injuries resulting from inadvertent accidents and may involve a single claim by one plaintiff. Many personal injury lawsuits are based on the theory of negligence.
If you or a loved one has been seriously injured, you want to make sure you take the right steps. A knowledgeable personal injury lawyer practicing in St. Petersburg and St. Augustine can evaluate your case and help you learn more about preserving your rights and remedies.
Our skilled personal injury attorneys at Emerson Straw have years of representing injured clients throughout St. Petersburg.
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Since personal injury lawsuits are among the most common civil litigation seen in courts, Florida has had to find numerous ways to deal with the sheer volume of cases. Many personal injury cases tend to settle before they proceed to trial, but they still contribute to the judicial caseload of the court.
As a result, Florida has set a personal injury recovery threshold, meaning that the plaintiff’s injuries must meet specific criteria if they wish to sue the person who caused the injury. Under personal injury liability laws, injuries sustained in an accident must meet a certain medical threshold or the plaintiff may not be able to recover for their injuries, pain and suffering, or mental anguish experienced from the accident.
Such thresholds are applicable in no-fault states such as Florida, where drivers are required to carry $10,000 in personal injury coverage to pay for medical costs that arise out of car accidents. There are four general categories of injuries that meet the threshold standard in Florida:
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To have a viable personal injury lawsuit, the personal injury must have been caused by the negligence of another person or entity. Generally, when a person or entity acts in a reckless or careless manner and causes injury to another individual, the negligent person or entity may be legally responsible for their injuries and other resulting harms.
Additionally, a St. Augustine and St. Petersburg personal injury attorney must be able to establish that the defendant responsible for the injuries acted negligently by proving four elements by a preponderance of the evidence:
If a plaintiff can establish that the person or entity was indeed negligent, the court may award a sum of money that takes both economic and noneconomic damages into account.
For instance, medical bills and lost wages are considered economic damages and are generally easy to calculate. Noneconomic damages such as pain and suffering or diminished quality of life can be more difficult to determine.
If you suffered serious injuries due to the negligence of another person or entity, you may be entitled to compensation. Therefore, it is important to speak with a St. Augustine personal injury attorney who can begin building the best possible case for you.
Because filing a personal injury claim or lawsuit can require a thorough knowledge of the laws and legal system, it is highly advisable to consult with an experienced St. Petersburg personal injury lawyer today.