If you experienced bodily harm as a direct result of another person’s behavior, you might be able to file a personal injury lawsuit. Medical bills and lost wages can add up to significant sums of money, and plaintiffs need compensation to get back on their feet.
You should talk to an attorney about filing a personal injury lawsuit if you experience physical harm and believe another person is to blame for your injury. Depending on how you were injured, there might be numerous potential defendants in your case. Often, the person or people named in your lawsuit may be held liable if they are found to be negligent. Exactly what negligence looks like varies from case to case. You might be awarded compensation for your damages, including economic and non-economic losses and punitive damages.
You should speak to an attorney about your situation so they can determine the best way to handle your lawsuit. Our Hollywood, FL personal injury lawyers are available for free case evaluations. Call The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. at (954) 751-4258 to get help.
When to Consider Filing a Personal Injury Lawsuit in Hollywood, FL
Personal injury law is a broad legal field that might encompass many accidents, injuries, and incidents. Generally speaking, if you were injured because of someone else’s actions, omissions, or intentional conduct, you should speak to our Hollywood, FL personal injury lawyers about your case as soon as possible.
If you are recovering or require extended medical care, you might not necessarily be able to seek immediate legal assistance. However, acting as quickly as you are able is a good idea. The statute of limitations, or how long you have to file a personal injury lawsuit, is found under Fla. Stat. § 95.11(3) and states that personal injury cases generally have to be filed within four years of the date of injury.
While four years sounds like a long time, it often passes faster than people realize. When you take into consideration the time it takes to recover from your injuries, find legal help, and prepare your case, several years might go by before your lawsuit is ready. If the deadline on your case is coming up, it might be possible to have the statute of limitations tolled under very specific circumstances so you can buy some extra time. You should discuss your case with an attorney to see if tolling is possible in your situation.
People Who Might Be Liable for Your Personal Injuries in Hollywood, FL
Determining who should be held liable for your injuries depends on many different factors and circumstances unique to your case. Generally, a potentially liable party should be someone who committed an act of negligence. In other cases, liable parties might have acted intentionally. Our Hollywood, FL personal injury attorneys can assist you in determining which parties to name in your lawsuit.
Anyone whose negligence contributed to your injuries might be sued and held liable. Negligence encompasses 4 crucial elements: duty, breach, causation, and damages. Each element must be sufficiently established for you to prove negligence successfully.
The duty element refers to the legal duty of care or obligation the defendant owed you when you were injured. The breach element is the action or inaction on the defendant’s part that violated their duty of care. Causation is the link between the breach and your injuries. Essentially, the defendant’s breach of duty must be the direct and proximate cause of your injuries. Finally, you have to have some real damages, and damages that are hypothetical or mere possibilities will not cut it.
Negligence tends to be important in personal injury cases involving accidents. Car accidents, slip and fall incidents, and cruise ship injuries are just a few common examples of personal injury cases in Florida involving negligence.
Your case might be different if your injuries were caused by someone’s intentional conduct rather than an accident. In that case, liable parties include people who hurt you on purpose. These kinds of cases are sometimes tied to pending criminal charges against the defendant.
Often, cases that might appear “intentional” to a non-lawyer should actually be pursued as negligence claims. This is a common misconception when it comes to suing for things like drunk driving accidents or gross negligence.
Recoverable Damages in Hollywood, FL Personal Injury Cases
Damages in personal injury lawsuits will vary based on the extent of the plaintiff’s injuries. Injuries often include economic losses that plaintiffs must pay for but often cannot afford. They may also include non-economic injuries that technically did not cost the plaintiff money but may still be monetarily compensated by the courts. Our Hollywood, FL personal injury attorneys are familiar with various damages and can help you accurately calculate the damages in your case.
Economic damages are designed to compensate plaintiffs for actual amounts of money lost or spent because of their injuries. Often, this includes significant medical bills, especially if injuries are severe. Economic damages might also include the value of damaged or destroyed property, lost income from missing work, and reasonably anticipated future costs related to your injuries.
Non-economic losses and injuries may also be compensated even though these damages do not typically involve money. For example, physical pain, emotional suffering, humiliation, and other negative personal experiences may be claimed as part of your non-economic damages. Sometimes these damages are limited in car accident lawsuits, but our attorneys can help you prove that your case meets the threshold to claim these damages.
Punitive damages are designed to punish defendants for extremely bad behavior and are rarely awarded. According to Fla. Stat. § 768.72(2), punitive damages may be awarded if the plaintiff can show that the defendant is guilty of gross negligence or intentional misconduct. Essentially, defendants usually must have committed very shocking acts of negligence or intentional wrongdoing for punitive damages to be considered.
Call Our Hollywood, FL Personal Injury Lawyers for Help Now
Personal injury lawsuits span a broad spectrum of law and accidents. You should speak to our Hollywood, FL personal injury lawyers as soon as possible about your situation so we can determine the most effective approach. For a free case review, call The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. at (954) 751-4258.