On This Page
Understanding Your Rights After A Personal Injury Accident
When someone else’s carelessness or harmful conduct affects you, it is only natural to want justice. In many situations, it is possible to file a lawsuit to hold a person or business accountable for negligence. If you have been a victim of negligence, you should speak to an attorney about the best way to proceed.
The Element Of Harm
Courts in Florida and across the nation provide a high degree of access for citizens. There are, however, certain minimum requirements that must be met to sue someone for negligence. One basic requirement is that you must have suffered harm for which the court can order compensation. Lawsuits are not tools to inconvenience or embarrass others. If you haven’t suffered physical injuries or other harm, the court will dismiss your case. Generally speaking, it is not worth the time or expense of a trial if you haven’t suffered relatively injuries. Even if you are willing to pay substantial court fees and costs to collect a small amount of money, the court may be unwilling to hear the matter.
The Element Of Time
The right to sue someone for negligence is limited by time. Personal injury lawsuits must be filed in a timely manner for the court to hear them. Most legal matters are subject to a statute of limitations. How long you have to file a lawsuit depends on several factors. Most personal injury cases must be filed within 4 years of the incident, though there are exceptions. It is always better to discuss your situation with a lawyer sooner rather than later.
Can Versus Should
Even if you can sue for damages, it is not always a good idea to do so. At Winters & Yonker, P.A., we call ourselves the Aggressive Attorneys. We never shy away from a fight in seeking the best possible outcome for our clients. But even an aggressive lawyer must acknowledge that, sometimes, a lawsuit is not the right course for an individual. It is important to choose an attorney you trust to protect your best interests. If going to court is not the right solution, we will tell you that.
If you have been injured because of the negligence of another, call us at 888-373-7770 or contact us online. We can discuss your situation in a free initial consultation.