When a person sustains an injury due to the negligent actions of another, the responsible party could be held liable for damages. They may be required to pay the injured claimant compensation for the injuries they caused.
If you or a loved one were injured due to the negligent and reckless actions of another, you might be unsure of what to do next. It could be a challenging handle the legal aspects of your case without legal assistance. An experienced Seminole personal injury lawyer might be able to consult with you and could help you formulate a plan for legal recovery.
Common Type of Personal Injury Claims
Personal injury lawsuits compensate those that suffer injuries or illnesses with civil damages as a result of an unintentional or intentional act. It is also possible to face civil liability in a personal injury case and criminal liability for the same act. There are many different categories and causes of action within personal injury.
A knowledgeable Seminole personal injury lawyer often handle cases including:
- Motor vehicle collisions
- Truck crashes
- Medical errors
- Property accidents
- Occupational hazards
- Trip and falls
- Hazardous drugs and products
Determining Fault for an Accident
Personal injury victims in Seminole who suffer an injury as a result of an unintentional act may use negligence as their cause of action. In order to bring a successful negligence claim, a plaintiff must prove the following four elements by a preponderance of the evidence:
- The defendant owed the plaintiff a duty of care
- The defendant breached their duty of care and committed a negligent act
- The defendant’s negligent act(s) caused the plaintiff’s injuries
- The plaintiff suffered actual harm or loss that could be compensated by damages
Intentional torts are civil wrongs that are committed with the intent to bring harm to another person. Conduct such as assault, battery, fraud, or false imprisonment are all examples of intentional torts. A defendant who commits an intentional tort may face criminal charges in addition to their civil liability.
Another category of personal injury law is known as strict liability. States have designated certain actions at “strict liability offenses.” Common tort offenses include strict products liability and abnormally dangerous activities, such as transporting or manufacturing hazardous materials. If a defendant commits a strict liability offense, resulting in harm to another, the injured party would only have to prove that the defendant caused their injuries.
Deadline to File a Lawsuit
When filing a personal injury claim in Seminole, plaintiffs are required to adhere to Florida’s statute of limitations. The statute of limitations is the time limit, or deadline give to file a lawsuit. If the injured claimant fails to file their claim on time, they may be unable to recover compensation from the negligent party. Florida Statutes §95.11 gives plaintiffs four years from the date of the injury to file their personal injury.
Reach Out to a Seminole Personal Injury Attorney Today
It could be overwhelming to handle the legal aspects of your case while recovering from a serious injury. Fortunately, a Seminole personal injury lawyer could take on your case while you focus on your physical and emotional recovery. You could rest assured knowing that a professional is dedicating their time and effort to help you succeed. Call today to get started on your case.