Suffering a personal injury may leave you with questions such as:
- Who is responsible for the injury?
- How will I pay for the increasing medical bills?
- Will I be able to return to work?
- Who will handle my household chores while I am recovering?
Choosing the right personal injury lawyer that is familiar with Florida’s personal injury laws can help you clear up some of those questions. A personal injury lawyer in Sarasota, FL, may be able to help you recover damages for your injuries.
Florida’s Personal Injury Laws
Understanding Florida’s personal injury laws can help us navigate the legal process to get the compensation that you deserve.
The Required Elements of Personal Injury
In order to file a personal injury case, we must demonstrate that the four following elements are present:
Duty of Care
The responsible party must have had a legal duty of care to you. This can be a duty of reasonable care, professional liability, or premise liability, depending on the type of relationship you have with the responsible party.
Breach of Duty
We must also demonstrate that the responsible party breached that duty of care. Most breaches of duty fall under either negligence or intentional harm. The specific actions that are considered a breach of duty might depend on the type of personal injury case.
It is also important that we provide evidence that the defendant either directly or indirectly caused the accident and the injuries sustained. In some cases, the causation is clear. But in others, a direct correlation needs to be demonstrated.
We must also prove that there are damages present. These are the costs that are associated with the injuries suffered. It might include things like medical bills, rehabilitative costs, and property damages. In some cases, it might also include things like pain and suffering and a loss of consortium.
Types of Damages Recovered in a Personal Injury Case
Once we have established that the four important elements of a personal injury case are present, we can work to get you the compensation that you deserve for your damages. The following costs may be included in a personal injury case:
- Current medical bills
- Future medical costs
- Transportation costs
- Diminished earning capacity
- Lost wages
- Childcare fees
- Pain and suffering
- Loss of consortium
The specific costs included in a personal injury case depend on the details of the accident and the severity of the injuries. Every personal injury case is different, meaning the compensatory amount differs for each one. Discussing your case with a personal injury lawyer can give you a clear understanding of what types of costs can be recovered in your case.
Pure Comparative Negligence Laws
Florida’s pure comparative negligence laws can also affect the compensation amount that you receive. Although the state of Florida does permit filing a personal injury lawsuit for an accident that you are partially to blame for, your compensatory amount may be reduced. Your compensation amount may be reduced by the percentage that you are deemed to be at fault.
Florida’s Statute of Limitations
Florida law has time limits for filing a personal injury case. It is important that we stay within these time restrictions to prevent your case from being dismissed. In most personal injury cases, the suit must be filed within four years from the date of the accident. There are, however, some situations which can extend this time limit, so it is important to discuss your case with a personal injury lawyer as soon as possible.
Sarasota Personal Injury Lawyer Near Me (855) 529-0269
How We Can Assist You With Your Personal Injury Case
The complimentary consultation is a great time to get answers to your questions. It also allows us to get to know you and the specific details of your case. Every personal injury case is different, making the details very important. This consultation is necessary for determining the next best legal steps to take.
Collect Important Documents
Because much of the personal injury lawsuit process is demonstrating the four elements of personal injury, it is important that we collect all documents that help your case. We may assist you in collecting the following types of documents:
- Medical records
- Police report
- Insurance adjustor report
- Witness statements
- Expert witness reports
- Income statements
Represent You When You Need It Most
Personal injuries are often life changing for both the individual and their family. We understand that your health is your priority during this time. We navigate the legal process while you focus on your health. We can help you fight for the compensation that you deserve.
We also assist our clients in the settlement process. A personal injury case may include a settlement offer. A settlement offer can speed up the legal process and prevent both parties from going to court. If the settlement offer does not make sense for your case, we are fully prepared to take it to court and fight for you.
A Personal Injury Lawyer in Sarasota, FL Can Help
Personal injuries can leave you with expensive medical bills, the inability to work, and a changed lifestyle. The responsible party should be held accountable and cover these costs.
Working with a legal team that is familiar with Florida’s laws can get you the justice and compensation that you deserve. Our legal team is ready to look over the details of your case. A personal injury lawyer in Sarasota, FL, from Chalik & Chalik Injury Lawyers is ready to help.
Call us at 941-315-4404.