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Do I have a valid personal injury claim?
In order to pursue a successful personal injury case, you must be able to prove that your injury was caused by a third party’s negligence or wrongdoing. Most personal injury cases involve physical injuries that require extensive medical treatment, but others can be based on non-physical losses and harms. For example, if someone has attacked your professional reputation or invaded your privacy, you may have grounds to file a personal injury lawsuit.
How soon after my injury should I file a lawsuit?
Each state has a specific time limit – called a “statute of limitations” – that governs how long you have to file a personal injury case. The statute of limitations will differ depending on the type of case you bring forward. For example, in the state of Florida, you generally have four years to bring forward a personal injury lawsuit, but only two years if it is a medical malpractice case.
It is always in your best interest to pursue your case as soon as possible after your injury occurs, since the preservation of evidence is so essential to the success of your claim. Our Florida attorneys need to perform a thorough investigation of your injury and the circumstances in which it occurred in order build a strong case that will prove your claim in court.
What is negligence?
Negligence concerns how a “reasonable person” is expected to act in a specific situation. For example, a driver is expected to obey the rules of the road and drive at full attention to avoid putting themselves and other motorists in danger. If they cause an accident because they failed to observe these basic precautions, they can be held liable for damages.
In short, a person is negligent if he or she has failed to act the way an “ordinary reasonable person” would have acted in any given situation. Negligence is the foundational issue of most personal injury cases.
Will the person who caused my injuries be punished?
Personal injury cases are civil actions, not criminal actions. Defendants in personal injury lawsuits cannot receive jail terms or criminal fines, since there was no malicious intent to harm the plaintiff: merely negligence.
However, punitive damages are available in some rare cases. These damages are designed to punish defendants who behaved recklessly or intentionally against the best interest of the public. The goal of punitive damages is to discourage other people from engaging in the same kind of harmful negligence.
If you have further questions about personal injury lawsuit, please contact our experienced Daytona attorneys today for a free initial consultation by calling (855) 880-4741 or filling out our online form. Colling Gilbert Wright & Carter can help you secure the compensation you need to make a full recovery from your injuries.