When someone is harmed due to the careless, reckless, or malicious behavior of someone else, they should not have to bear the ensuing physical, emotional, and financial burdens alone. Along with the immediate physical trauma and subsequent medical bills, a severe injury may leave a person with months or even years of emotional damage and extensive medical bills for rehabilitation.
If you were injured as a result of someone else’s negligent actions, you might benefit from discussing your legal options with a St. Johns County personal injury lawyer. By filing a civil claim for compensation with the help of a skilled attorney, you may be able to recover for numerous damages, including medical expenses and pain and suffering.
The Legal Grounds for a Personal Injury Claim
Personal injury claims can arise from any number of circumstances. These include motor vehicle collisions—involving motorcycles, cars, and trucks—as well as bicycle crashes, dog attacks, trip and fall incidents, doctor’s errors, and dangerous products.
The primary legal basis for a claim is determining negligence. Essentially, the injured claimant must prove that an individual breached their duty of care, that this breach led to an accident, and that this accident resulted in the claimant’s injuries.
For example, all motorists have a legal duty to drive safely and obey all rules and regulations on the road. Therefore, if a driver was speeding or driving while intoxicated and caused a crash, this could be clear grounds for a legal claim on the basis of negligence.
Recoverable Damages in St. Johns Injury Claims
During a civil claim, various forms of damages may be requested by the injured plaintiff. These include economic and non-economic damages. Furthermore, punitive damages may be awarded in specific circumstances against a negligent defendant.
Economic damages often include medical expenses—such as hospital bills, trips to the ER, and other related costs—as well as lost wages. Furthermore, in cases involving severe injuries, an individual might face temporary or permanent impairment or disability. Therefore, if an injured claimant anticipates future medical costs, as well as a loss of earning capacity as a result of their injuries, these costs might be included in a claim.
Non-economic damages, on the other hand, are more subjective losses suffered by the claimant. These may include pain and suffering, emotional distress, and loss of the enjoyment of life.
While these damages might be more difficult to quantify than economic damages, they may nevertheless be a significant part of a personal injury claim. Furthermore, a detail-oriented St. Johns County lawyer could help a plaintiff to accurately assess the full extent of their emotional and physical trauma for a claim.
Punitive damages serve a specific purpose. As opposed to economic and non-economic damages, the purpose of punitive damages are to punish the defendant and deter their bad conduct in the future.
Deadline for Filing an Injury Claim
Pursuant to Florida Statutes Annotated § 95.11, the statute of limitations sets a four-year deadline—from the date of the injury—by which an injured individual may file an injury lawsuit. However, there are elements that may affect the filing deadline for a St. Johns County claim, meaning the counsel of a knowledgeable personal injury attorney might be able to help.
Furthermore, it might become more difficult to gather evidence and locate witnesses for a claim as time passes. Additionally, if a claimant does not adhere to the statute of limitations, they run the risk of facing a dismissal.
How a St. Johns Personal Injury Attorney Could Help
If you were injured due to someone else’s negligence, you might feel traumatized and unsure of how to proceed. However, by working with a St. Johns personal injury lawyer, you could better understand your legal rights and decide if taking legal action is right for you.
Then, a well-versed attorney could guide you through the ensuing legal process and work tirelessly to file a persuasive claim on your behalf, so that you may focus on your recovery. For more information about your rights after an injury, call a legal professional today.