When Should You Sue for an Injury
Every year, Americans file between 300,000 and 500,000 personal injury lawsuits. Whenever somebody’s action or negligent inaction appears to lead to an injury, people often think about suing. But is it always appropriate to use? In some cases, despite the damages to our psyches and egos, it may not be. In others, despite how things may seem, it would be recommended to sue. Knowing the difference can save you money and protect your health and family for years after an injury.
And so, should you sue in the Sunshine State? This article will explain the thinking around lawsuits in Florida.
What Injuries Can You Sue For?
You often hear about people suing for car accidents, dog bites, or slipping and falling in a public space. The reality is you can sue for any type of injury. If you can prove that your injury is the result of another person’s action or negligent inaction, you can build a case. If the injury wasn’t your fault, you should start looking into your options. However, even if you’re partly to blame, you may still be able to sue.
According to Florida Statutes 768.81, Florida has a system of comparative fault. This means everyone is responsible for their actions in the event. This does affect the damages you can collect, though. For example, if you’re equally to blame for an injury and your damages are $50,000, you would only be able to collect $25,000.
How Do You Sue Someone in Florida?
As long as you act within 2 to 4 years, you can build and present a case. After that, as the person making a claim, the burden of proof falls to you. As you gather this evidence, it’s worth noting that you might not even go to court. Only about 5% of personal injury lawsuits go to court. More often, you’ll reach an out-of-court settlement.
If a case does go to court, your goal as the plaintiff is to prove the other party is “more likely than not” to blame. You will have to gather a lot of evidence to do this. You will need a police report, so if you are injured, always file one. If you were in a store or other business, make sure they file an incident report.
Seek medical treatment and preserve any medical documentation you receive. If your injury requires ongoing treatment, keep this information as well. Document your injury with photographs, and take witness statements if you can. Be sure to act as early as possible. It can be easy to get caught up in “returning to normal” and miss the 2 to 4-year statute of limitations.
It Would Be Best If You Talked to a Lawyer
It can be hard to keep track of all of this information following a traumatic injury. If you intend to file a claim against the responsible party, you need legal help. The process can be overwhelming alone, and some large companies may not want to cooperate. Experienced personal injury attorneys like those at Dowd Law Firm can help.
With our help, with us worrying about the hard stuff, you can focus on recovery. Whether it’s gathering evidence or preparing a case, we’re here for help. You deserve representation, and you deserve compensation if you’ve been injured.