Dock Blanchard & Trip Green, Personal Injury Trial Law
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Reviewing the Process of Filing a Personal Injury Claim

Personal injury claims are often filed by individuals who are injured in accidents caused by the intentional or unintentional negligence of other parties. If you file a personal injury claim, it will only be considered viable if it is proven that the other entity failed to exercise a legal duty owed to you, thus resulting in your injuries. Personal injuries typically result from dog bites, slip and fall accidents, auto accidents, and professional negligence.

Injuries often disrupts victims' lives. This is because you will be denied a source of income for a while. Besides this, you are likely to spend a lot of money on treatment. This undermines your family's financial position. What's more, the resultant stress not only drains you physically, but also psychologically. Filing a personal injury claim helps recoup part of the expenses incurred. However, your claim can only be accepted if you follow all the necessary procedures. In line with this, you need to be familiar with the personal injury law.

For you to qualify for compensation, you need to make a personal injury claim within four years from the day you were injured. However, this period can be extended if a physician proves that you did not suffer immediate harm but instead, it occurred over a long time. When seeking compensation from a state, city, or county government, you must file a claim within three years.

Florida has a comparative negligence law. This means that the person whom you accuse of negligence can deny responsibility and ultimately, assert that you are partially of fully responsible for your injuries. If this is proven to be true, your claim may either be dismissed, or you might receive a lesser compensation. When making a claim following a car accident, a no-fault system is often followed. Your insurer has the obligation of covering your medical expenses and your lost income regardless of the party at fault.

A negligent driver will only be held liable if the "serious accident" limit is reached. A majority of minor road accidents fall within the no-fault umbrella. Nonetheless, you can file a personal injury claim against a negligent driver in case the accident that you were involved in resulted in permanent injury or permanent disability. There are also damage caps, which limit the amount of compensation that you can receive. These caps mainly regulate the amount of non-material damages that injured parties can recover.

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