After a serious accident, you may be wondering whether you are eligible to receive compensation for your injuries. If you were harmed due to someone else’s negligence or wrongdoing, whether in a car accident or some other scenario, our Florida personal injury attorneys can help you bring a claim for damages.
Personal injury lawsuits can involve injuries in many different settings and situations, such as defective products, unsafe drugs, medical malpractice, pedestrian incidents, nursing home abuse, wrongful death, dog bites, catastrophic injuries, and doctors errors, among others.
A personal injury claim may be filed in connection with injuries resulting from intentional harm or inadvertent accidents—such as those stemming from auto collisions, truck accidents, bus wrecks, bicycle and motorcycle accidents, premises liability injuries, heart attack misdiagnosis, and boat wrecks. 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. Our car accident attorneys and personal injury lawyers can evaluate your case and help you navigate every step of the legal system.
The skilled personal injury attorneys at Emerson Straw PL have years of experience representing injured clients throughout Florida.
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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:
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 Florida 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 Florida personal injury lawyer today.
The attorneys at Emerson Straw PL are passionate about creating a safer environment for both drivers and pedestrians on the road. This year, we are excited to announce The Texting and Driving Prevention Scholarship. This $1,000 scholarship aims to generate innovative ideas and tips for preventing texting and driving. For more information on this opportunity, please visit our scholarship page.
