Thursday, October 3, 2013

Should I File A Personal Injury Claim?

Have You Been Injured Because  Someone Else was Reckless?

Accident happen everyday.  Often times accidents are due to another persons recklessness or negligent conduct.  If you have been injured as a result of another you have every legal and moral right to demand fair compensation.

The following information was gathered on Lawyers.com.  Click here for the complete article.

Personal injury cases are legal claims brought by those who are alleging injuries from an accident due to the wrongful or negligent conduct of another person or entity. A viable personal injury claim claim involves proving that the other party had a legal duty to exercise reasonable care and the duty was breached. Typical types of personal injury actions include slip and fall incidents, medical or professional negligence or malpractice, product defect, toxic tort and auto accidents.

In What Jurisdiction Should I File My Claim?

If you need to file an injury claim, Florida requires that you do so in the county where the accident occurred or where one of the defendants resides. If you allege that your damages are valued at less than $15,000, you can file in the county court. Florida circuit courts retain jurisdiction over injury claims valued at more than $15,000. If you file in county court, you risk not recovering more than $15,000, even if a jury verdict awards you more than the court limit.

Statute of Limitations

All injury cases are subject to Florida statute of limitations, a specific time during which you must either settle your injury case or file it in the appropriate court. If you do not do so, you could lose your right to recover any monetary damages. Most Florida injury claims have a four year statute of limitations, although medical malpractice claims must be filed within two years of the negligent act that led to the injury or when the injury should have been detected. If children have been injured by malpractice, an action must be brought by their eighth birthday or within two years, whichever occurs later.

Public entities such as state and county governments or agencies and local municipalities have shorter limitation periods. You must follow strict statutory procedures if you are pursuing a claim against these entities.

Comparative Negligence Laws

If you are found to have partially contributed to the accident in which you were injured, you can still collect a portion of your damages. Florida is a pure comparative negligence state. A jury or judge assigns a percentage of fault to each party, then apportions damages accordingly. For example, if you are 60 percent at fault, your financial recovery is limited to 40 percent of the damages.

What is the Discovery Process?

 
Discovery is a pretrial procedure in which the parties request and disclose records, information, and documents related to the accident. Both parties can demand answers to interrogatories, which are a series of written questions. You must respond to the questions, or you can object to any that your attorney thinks are improper. Documents might also be requested, such as records of your medical care and expenses, lost income, property damage, photographs, police reports, insurance policies, and other relevant records. You may also be deposed, where you would have to orally answer under oath questions posed by the opposing attorney. The questions can address all aspects of your claim. Your attorney will accompany you and advise you during this process. In many cases, you will have to submit to a medical examination by a doctor of the other attorney choice.

During discovery, both attorneys can agree to mediation. Mediation involves a disinterested third party who attempts to help litigants arrive at a resolution of claims without a costly trial.

If you are looking for a lawyer to represent you in a personal injury case contact the Law Offices Of Eric A. Kay.
Miami:
123 S.E. 3rd Ave #252
Miami, FL 33131
Phone: (954) 330-8994
Ft. Lauderdale:
12 SE 7th St. Suite 707
Fort Lauderdale, FL 33301
Phone: (954) 764-7373

We offer compassionate legal representation to our clients throughout Florida in almost any type of personal injury or wrongful death claim. Our goal is to obtain the highest possible settlement amount on your behalf, by either negotiating a settlement or proceeding to trial.

 You need a personal injury attorney who will fight for justice in your case, and see to it that the responsible individual or company compensates you for ALL of your losses. With our help, you could receive compensation for medical expenses including:
  • emergency treatment
  • hospitalization
  • surgery
  • ongoing care
  • rehabilitative treatment
  • lost income including future lost wages
  • pain and suffering

Call today!  954-330-8994 Do not speak to an insurance company about the facts of your case without proper representation. Your statements are likely to be recorded and may be used against you in order to devalue your claim. Let us put our trained associates and investigators to work on your case to make sure that you are not taken advantage of to suit the bottom line of the insurance company involved. Let us help you to get the recovery that you are entitled to.

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