If you have been injured in an accident that is the fault of someone else, you may wonder what happens in a typical personal injury case. The truth is, after an accident, you already have enough on your mind without having to bother about keeping track of insurance adjusters and at-fault party lawyers. That’s precisely why so many people contact an accident law firm. With that in mind, here we will explain the most important things you should know about Personal injury claims and lawsuits.
An Injury Doesn’t Equate to an Actionable Personal Injury Claim
Just because you sustained an injury doesn’t mean that there is an actionable personal injury claim. So, in order to recover an injury claim, there are legal grounds that you must hold the defendant accountable. Negligence is the most common word and theory connected with different kinds of accidents. So, you must demonstrate that the defendant breached his or her legal duty. You must also show that you suffered injuries that were caused by the negligence of the defendant. Other legal theories such as intentional torts or strict liability may also be used.
You Have a Limited Time to File a Lawsuit
There is a statute of limitation in every state, which limits the period of time you have to bring legal action against a defendant. The statute of limitation varies from one state to another and varies based on the crime committed. Ensure to follow the letter of the law and file your claim and/or lawsuit sooner rather than later. Once the statute of limitation elapsed, you likely won’t have recourse to file a lawsuit.
You Can Also Recover Compensation For Emotional Injuries
If you can successfully prove liability, you can recover compensation for medical expenses, disability, pain and suffering, lost wages, and emotional distress. Since personal injury accidents are usually traumatic, car accident victims may also suffer from anxiety, post-traumatic stress disorder, and depression, for which the at-fault party is liable.
While it can difficult to prove damages for pain and suffering, emotional distress, and other forms of emotional injuries compared to personal injuries, it is important to seek the assistance of personal injury attorneys who can help you get the full compensation you deserve.
Most Claims Settle Out of Court
Most of the personal injury claims, which include an auto accident, a workplace accident, and a slip and fall accident, are settled out of court. In most cases, the personal injury law firm will negotiate with the defense for the right settlement. However, if the defense or insurance company is not cooperative or will not agree to the right amount of settlement, a reputable Tampa slip and fall lawyer such as Winters & Yonker will fight to ensure you get the maximum compensation in a court of law.
The Tampa slip and fall lawyers of Winters & Yonker focus on representing victims of personal injury. They are committed to helping you navigate the personal injury claim process and get favorable compensation. Contact us today to schedule a free consultation.Tampa Slip And Fall Lawyer