If you have been injured in a personal injury accident, whether it happened in traffic, in a public place, or someone’s backyard, you may be wondering if it is possible to receive compensation for your medical treatment and associated costs.
You may be overwhelmed with questions about filing an insurance claim or even how to begin, if you must file a lawsuit against those at fault.
Help is available. A Franklin County personal injury lawyer may be able to assist you with getting the compensation you deserve. Call the Landau Law Group today at 866-703-4878 for a free case evaluation.
Defining a Personal Injury Lawsuit
A legal dispute may arise after a person is involved in an accident for which someone else is legally responsible. The person injured will need to prove fault in order to seek reimbursement for all costs, both tangible and intangible, that are a result of the accident. Disputes may be resolved in different ways.
The most common (and generally fastest) way to reach a resolution is through a settlement negotiated between the person involved in the accident, the other party’s insurance company, and attorneys for both sides. A written agreement will be drawn up with the financial details of the settlement, and both sides will agree not to pursue any further legal action or, in some cases, agree to keep the details of the settlement confidential.
If the parties cannot negotiate a settlement, but want to avoid the time, stress, and cost of going to court, they may choose to work through an alternative dispute resolution method like arbitration. In this case, both parties will agree on a neutral party who will mediate on their behalf and come up with a decision. As in a trial, both parties will be expected to make opening and closing arguments and present other testimony. In general, the process will be much less formal or intense than a court case.
If an out of court settlement is not possible because either party refuses to negotiate, a private individual (the “plaintiff”) may file a formal civil claim—a lawsuit—against the person, business or other entity (the “defendant”) stating that the accident and/or injuries were caused by the defendant’s negligence. A civil court will hear both sides of the argument and make a judgement.
When You Should File a Personal Injury Claim
Accidents happen—it is a fact of life. Sometimes, we cause them ourselves and have no one else to blame for our injuries or damages. But there are many situations where the accident was caused by someone else’s action or inaction. If their negligence can be proven, you may have grounds to file an insurance claim or a lawsuit to receive compensation.
The most common types of accidents that result in personal injury claims include:
- Traffic Accidents: Because Florida is an insurance state, motorists or pedestrians must first go through their insurance company to settle claims, no matter who was at fault in the accident. However, if the expenses from your accident exceed the covered amount, you may need to file a lawsuit against the other driver, but you will then need to prove they were at fault.
- Dog Bites: Whether a dog owner was aware the dog was aggressive or had been previously, the owner is liable for damages and injuries caused by a bite, according to Florida statute.
- Slip and Fall: It may be possible to file a claim if you are injured after slipping or tripping on a wet, unsafe, or unstable surface, whether on public or commercial property. However, you will need to prove negligence on the part of the property owner or manager.
No matter the circumstances, if you are injured, you should take certain steps immediately afterwards to protect your ability to file a claim. Make a note of exactly what occurred, taking photos or videos of the scene if possible. Get contact information of any witnesses or others involved in the accident. Retain receipts for any expenses you’ve had as a result of the accident.
Perhaps most importantly, contact a Franklin County personal injury lawyer to confirm you’re following the proper steps in order get the maximum compensation.
What a Personal Injury Claim May Cover
The tangible costs associated with an accident are fairly easy to quantify. Expenses like car repairs or medical care are obvious. But there are other intangible injuries that may be more difficult to recover from, and in the end, be far costlier to you and your loved ones. A personal injury claim may cover:
- Emotional or psychiatric care
- Employment or income loss
- Medical bills including emergency medical care
- Ambulance or emergency evacuation
The more complicated your injuries, the more important it is to work with an attorney on your claim to calculate your total loss.
Contact a Franklin County Personal Injury Lawyer
Whether you have been injured in a slip and fall or car accident, or been bitten by an aggressive dog, you may be eligible to file a personal injury claim. While the circumstances of each case are different, there are always costs associated for which you never would have planned.
Medical care and vehicle repair are just the tip of iceberg, as the emotional costs can also have a big impact on your life. If your injuries were caused by negligence on the part of another person, you may be entitled to compensation.
To find out more, call the Landau Law Group. We are a service-oriented litigation group with more than 20 years combined experience in personal injury cases. We will work with you every step of the way in filing your claim and securing financial compensation.
Start by calling 866-703-4878 today for a free case evaluation and learn how the Landau Law Group can help.