Personal injury cases are legal disputes that take place when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. Under personal injury law, an injured claimant must satisfy certain legal elements before recovering. If a personal injury claimant can satisfy these elements, then damages may be awarded.
- Personal injury damages are critical for a number of reasons. People who suffer personal injuries may be significantly disabled. Some victims will never be the same again. Many personal injury claimants have suffered severe physical conditions.
- Damages help by covering many of the costs and expenses associated with personal injuries. There are many types of damages. Some are more difficult to prove than others. Claimants should be prepared with all the necessary medical documentation and information.
- By hiring a trusted Fort Myers Injury Lawyer, a client will know what to expect and will not be met with surprises that they might otherwise encounter without the assistance of an experienced Fort Myers Personal Injury Attorney. Unfortunately, some personal injury claimants have unrealistic expectations.
- If you’ve suffered a personal injury, you can’t go it alone. You need a top Fort Myers attorney. You need somebody who will take on major insurance companies with confidence and experience.
An Injury Attorney Fort Myers Respects
One of the main reasons it’s difficult to win compensation for a personal injury case is due to the various personal injury laws and statutes which can be exceedingly complex and difficult to understand. Unless you have a deep understanding of law, you may unwittingly make mistakes that could spell disaster for your case.
- One aspect of a personal injury case is related to proving that some other party is at fault. There are an array of requirements set forth under personal injury law.
- A claimant must demonstrate what has happened- There needs to be an injury for there to be a personal injury case. Sometimes, an internal injury shows symptoms after several days, or even months. In cases where the personal injury does not manifest until later on, a claimant may still be able to recover.
- The injured claimant must demonstrate fault- Another party usually has to be found negligent, careless or reckless.
- The personal injury claim must be filed within a certain time frame- This period is known as the statute of limitations. With respect to personal injuries sustained as the result of a car accident, claimants generally have four years to file a claim. This period begins at the date of the reported accident.
- If you fail to take action in this period, you will be unable to file a personal injury lawsuit in Florida’s civil courts. A Fort Myers Personal Injury Attorney can ensure that you complete your claim in a thorough and timely manner.
- A personal injury claimant must show that the injury meets certain classifications and guidelines- A sound personal injury case will highlight the necessary elements for a legal argument. If the claimant cannot demonstrate these elements, the claim may falter.
Generally, a personal injury claim requires four elements. These aspects of a claim help to prove that the other party is negligent, and thus at-fault for the claimant’s injuries.
Aspects Of A Personal Injury Claim
Every personal injury negligence case requires that the claimant prove a duty of care. A duty of care is a legal concept that refers to one’s duty to the claimant. The at-fault party typically has a duty to act within the confines of reasonable behavior.
For example, a driver has the duty to obey traffic laws and not run red lights.
- The second aspect of a personal injury case relates to a breach of this duty. A breach of duty occurs when the accused party fails to discharge their duty of reasonable car. For instance, a surgeon may breach a duty of care by failing to follow proper procedure.
- The third aspect of personal injury claims is the injury or injuries. These are also called damages. Damages can arise as the result of medical expenses associated with the physical injury, emotional damages, punitive damages, and/or lost wages among other things.
- Finally, there is the element of causation. The claimant must prove a causal link between the actions of the other party and the claimant’s injuries. This may sound easy, but can become extremely complicated.
- Moreover, a Fort Myers Personal Injury Lawyer understands this burden of proof. Personal injury claims are matters handled in civil court. For this reason, personal injury cases have a much lower burden of proof than do criminal cases. The burden of proof in a personal injury case is simply “more likely than not.”
This burden of proof means that it is more likely than not that the injured claimant’s argument is true. Thus, the probability that the plaintiff is telling the truth must be any value over 50%. This is also called a “preponderance of evidence.”
Bill Berke – Fort Myers Personal Injury Lawyer
Fort Myers Personal Injury Laws
Injured claimants deserve to have an experienced and professional personal injury lawyer. Without a sound attorney, a claim may fail. It can be very difficult to prove the chain of causation between an accident and an injury. This can be highly problematic for claimants who are severely hurt. Fortunately, personal injury claims do not rely entirely on negligence.
Personal injury cases also factor into two other concepts:
- Strict Liability
- Intentional Wrongs
These areas of law help to hold many parties at-fault for claimant injuries.
- Strict liability- this concept deals generally with designers and manufacturers. Under this definition, these parties are held strictly liable for injuries resulting from defective products. The injured person does not have to demonstrate negligence.
Instead, the injured party must prove that the product was designed or manufactured in a way that made it unreasonably dangerous. This danger should be present when the product is used as intended.
- Intentional wrongs- refer to those personal injury cases stemming from intentional wrongdoing. In other words, a person’s intentional conduct results in injuries to another person. Intentional wrongs do not refer to accidents as do other personal injury cases.
Although some cases may hold criminal consequences, the intentional wrong case is handled in civil court. Criminal charges may be brought separately.
In some complicated cases, multiple charges may be brought. Claimants in these circumstances should seek an experienced Fort Myers Personal Injury Attorney available.
A sound legal mind can also ensure that his or her clients understand Florida’s relevant laws. The state of Florida has a number of specific personal injury laws that affect the outcomes of claims.
One such law pertains to automobile accidents. Although car crashes lead to many personal injury cases, Florida has a special rule. Known as a no-fault state, Florida requires that all persons’ insurance companies cover car accident injuries and damages. It doesn’t matter who is at fault.
However, Florida will permit personal injury lawsuits if a car accident is deemed serious. The state’s law defines personal injuries as serious if they lead to:
- Death
- Severe and permanent loss of bodily functioning
- Severe and permanent scarring or disfigurement, or
- A permanent medically determinable injury aside from scarring or disfigurement
Because these criteria may be highly subjective, a claimant should provide as much information as possible. Relevant medical documentation may include diagnoses, treatments, and other reports. A good accident attorney can help prove that injuries are severe.
A top personal injury specialist will also help you recover all damages possible. A claimant can recover various types of personal injury damages.
These include, but are not limited to:
- All estimated medical expenses
- Lost work wages
- Property damages
- Permanent deformities and disabilities
- Home modification costs
- Psychological distress, and
- Family relationship difficulties
An experienced injury attorney in Fort Myers FL can deliver a compelling legal case that will greatly benefit your claim. If you want a full and fair compensation package, you need Fort Myers Personal Injury Attorney who understands the game.
It doesn’t matter if you’ve been bitten by a dog or hit by a drunk driver. It doesn’t matter if you’ve endured medical malpractice or suffered a slip-and-fall. We have seen and won, all types of cases and claims.