How do I know if I am a personal injury victim?
There are two general guidelines to determine if you are a personal injury victim. First, you must have sustained injury to your person or property. The other qualifying factor is that this harm was inflicted by someone other than yourself.
Many personal injury claims slip through the cracks because victims are ignorant to the fact that a personal injury claim does not have to be physical. For example, if you have been assaulted, there does not have to be physical proof; there just must exist sufficient evidence that the assailant intended harm. Furthermore, cases where slander causes emotional distress can also present a valid personal injury case.
I'm afraid I've waited too long. How long after my injury can I seek compensation?
Every state has their own statute of limitations, and Florida's is four years. It is important to file a lawsuit as quickly as possible after the injuries occur. The reason is not only to meet the deadline but also to ensure you can easily recount details of the situation to offer the most accurate information during trial.
I have scheduled my free consultation. Is there anything I should bring to the appointment?
Any documentation related to the incident should be brought to the consultation. Eyewitness statements are pertinent as are medical bills resultant from the injury. If you are able to procure the guilty party's insurance information, this is very helpful. Furthermore, if you have any pictures containing images of damaged property, your injury or anything else you think may be pertinent, they should be brought as well.
What happens if the victim passes away prior to taking the incident to court?
This event is more common than many may think, and it is acceptable for the immediate surviving family to pursue the case. In this event, the case becomes a wrongful death suit. If the death occurred as a result of events unrelated to the incident under examination, the family can still receive compensation.
How is the person responsible for my injury penalized?
Since personal injury suits are civil rather than criminal, the defendant does not face jail time. Rather, they are normally ordered to pay punitive damages. The amount is higher than what would adequately compensate the victim in effort to discourage them from engaging in similar behavior in the future.
