Personal injury is generally defined as an event where a person suffers harm or accident. In Florida civil cases, this type of injury could lead to lawsuit especially when another party, organization or individual is responsible for person’s safety and their negligence led to the unfortunate mishap. Choosing the right lawyer for this type of injury is essential for those seeking compensation for physical injuries and other related damaged. Those considering hiring a personal injury lawyer in Florida should also ensure that they know the limitations in the lawsuit as well as the requirements in proving neglect and irresponsibility.
Gathering Information for Proving Personal Injury
More often than not, personal injury happens by accident or a mishap in various locations. As a victim, it is important to preserve the much-needed evidence as soon as possible. Most mobile phones have the capacity to take quality pictures that can be used as evidence. Names, location and other persons related to the incident should be written down as well.
Reporting the accident to the proper authorities is also a must. While every information has been gathered, a proper report establishes the accident and formally names those responsible. The personal injury lawyer will most likely use this document to support the case.
Factors to Determine Personal Injury Liability
Personal injury lawyers in Florida will aid the plaintiff in collecting evidence against the defendant. The evidence collected focuses on three very important factors:
The defendant had the duty to protect the plaintiff but failed in the said responsibility
Failure in the said responsibility is the direct cause of the accident
The plaintiff suffered damages because of the accident.
The mentioned factors are the reason why gathering evidence and names after the accident are a must. Without proper documentation, these factors cannot be sufficiently established, and the plaintiff ends up losing the case.
But establishing fault in Florida for personal injury does not immediately push the burden to the defendant. The state also follows “comparative negligence” which practically means, the defendant could also show some proof that the plaintiff, in part, also has some form of responsibility that led to the accident. If the defendant is successful in showing that the defendant is also part to blame, the damages claimed by the plaintiff is reduced.
Fees and Limitations
Most personal injury lawyers in Florida take the case on contingency basis. Simply put, the defendant doesn’t have to pay the lawyer unless they win the case. This is the reason why personal injury lawyers are keen to gather evidence as soon as possible to determine if they have a valid case. But it’s important to take note that even though lawyers who take the cases on contingency, the plaintiff still has to pay some fees directly to the court.
The state of Florida also has another unique limitation for personal injury. The state is “no-fault” when it comes to car or automobile accidents. The financial burden is directed to the insurance company, and payment could be given to both sides especially when both parties experience physical harm. The only exemption is when the plaintiff suffers permanent dismemberment, injury or death.