Personal Injury Law in Gainesville, FL
Were you hurt due to another’s negligence in Gainesville? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Gainesville, FL can help navigate the lawsuit to make sure you receive all of the compensation you deserve.
What Is Personal Injury Law?
Personal injury law in Gainesville relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.
Examples of Personal Injury Claims in Gainesville, FL
Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.
A few of the most common personal injury claims are:
- Car Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workplace Accidents
- Burn Injuries
Most Common Injuries in Gainesville
The Florida Department of Health reports that unintentional injuries were the number one cause of death for citizens between the ages of 1-44. Gainesville residents experienced unintentional injuries 12.57% more often than the rest of the country. The Bureau of Community Health Assessment shows 23,103 unintentional injuries in Alachua County alone in 2019.
Steps in a Personal Injury Lawsuit in Gainesville, FL
Once you determine that you wish to proceed forward with a personal injury action in Florida
A personal injury lawsuit starts with filing a complaint in court and serving it on the defendant. This complaint outlines your claim that the defendant’s negligence caused harm to your physical or mental well-being. As the case progresses, you may need to participate in depositions, independent medical evaluations, and the exchange of documents during the discovery phase. This process can take time and typically concludes with either a settlement or a court trial. The outcome of your case may hinge on the court’s determination of comparative fault. Florida Statutes allow for plaintiffs to be assigned a percentage of fault, which can reduce the damages they receive. However, it’s important to note that most personal injury cases never reach trial and are resolved through settlements. Only your attorney can provide a realistic outlook for your specific situation. With most personal injury cases, insurance companies and injured parties prefer settlement negotiations. As opposed to going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount. Data from Alachua County to the Florida Health Department shows falls as the most number of non-fatal visits to the ER. Consumer Health Ratings published research that says that a visit to the emergency room in Florida for common symptoms ran between $5,189 to $10,442. Even taking the lowest number in the range, the cost per 1,000 citizens in the county for falls alone was roughly 1.67 million dollars in 2019. These costs and how an injury impacts your life are driving factors. Critical when determining the value of a personal injury settlement. If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in FL, that means you risk not receiving any compensation at all. If your Florida personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay. In order to compensate you for the damage he or she inflicted. Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses. General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish. Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. The Florida Legislature created a $500,000 maximum reward for punitive damages in personal injury cases. Meanwhile, compensatory damages awarded in a Gainesville courtroom do not have limits under the law. The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized. If you’re considering a personal injury lawsuit in Gainesville, you have up to four years from the incident to file with the court. Some exceptions may apply under Florida law, but failure to act within this time may result in a dismissal of your case. We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. Pursue a personal injury claim in Gainesville against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Florida state lines. Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area! Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States. With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Do you need help with a different issue? We cover other areas of Gainesville, FL law as well:Florida Personal Injury Settlement
Damage Awards in Florida
Statute of Limitations in Gainesville, FL Personal Injury Law?
Work With an Experienced Gainesville, FL Lawyer
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