South Florida Injury Lawyer Blog
If you believe you have been seriously injured by someone else’s negligence, you may be eligible for compensation for your pain, suffering, and medical costs. In Florida, personal injury lawsuits are often filed due to vehicle accidents, slip and falls, faulty products, watersports accidents, and dangers in places such as parks, stores, rental units, or entertainment venues.
As a personal injury lawyer and life-long resident of Florida, I am committed to helping Florida residents receive fair compensation to help them cope with the injuries sustained by someone else’s negligence.
First steps when injured
First, seek medical care immediately, even if you feel okay or are only shaken. During a dangerous situation, our adrenaline rises as we go into fight-or-flight mode. This can often mask pain until a day or even a week later. You could be further injuring yourself if you don’t know that you are injured. Get a comprehensive medical examination from a doctor who has experience with accident injuries and knows what to look for.
Do not sign anything or make any statements except what you must tell any police officer or medical personnel. Tell them only what is necessary. Do not elaborate. You may say something that will compromise a future settlement. We often say things when we are upset that we would not say while calm, so be honest and concise, but avoid giving unnecessary details or expressing opinions.
However, for your own personal records, you should write down or record everything you can remember about the incident. This information will be very helpful for your personal injury attorney to determine the best course of action for your case.
Documentation for your case
In order to prove your case in court or win a fair settlement, you will need strong evidence to demonstrate negligence on the part of the defendant, injury caused by the negligence, and all expenses, pain, and suffering associated with the injury. Your evidence may include:
- A police report of the incident
- Photos and videos: the location of the accident or injury; vehicle, product, or other items involved in the accident or injury; before and after pictures of yourself, if the injury has visible effects
- Eyewitness testimonies
- Medical records: proof of health before the incident, log of doctor visits, all medical expenses with receipts, psychological condition before/after, and any counseling costs
- Statement of effect on relationships, such as intimacy with your spouse
- Financial records showing loss of income (pay stubs, etc.)
- Costs of changes to home or vehicles to compensate for a handicap caused by the injury (receipts)
- Any other damage caused by the injury
Lack of certain documentation will not prevent you from moving forward in your lawsuit. My team and I will work with you to help you find additional evidence to strengthen your case.
Statute of limitations
Don’t delay in reaching out to me or to another expert personal injury lawyer if you have been injured. Florida Statutes Section 95.11 governs how much time a person has to file a lawsuit. The limitations vary depending on the type of crime, injury, or incident. Significantly, however, on March 24, 2023, the statutes were amended by HB 837, cutting in half the period of time injured parties have to file for personal injury.
This means that if you are injured or discover you have been injured by someone else’s negligence prior to March 24, 2023, you may still file for up to four years. If you are injured after this date, you only have two years.
Statutes of limitations for various injuries or incidents are as follows:
Two-year limit: Personal injury involving negligence of a third party which occurred after March 24, 2023; wrongful death; some product liability; workers’ compensation; legal malpractice; medical malpractice
Four-year limit: Automobile accidents and other vehicle accidents; property damage; assault and battery; some product liability; personal injury involving negligence which occurred on or before March 24, 2023
There are exceptions to these timeframes, the most important being when you discovered the connection between your injury and the incident. For instance, if you were exposed to a carcinogen at your job and you developed cancer years later, your statute of limitations begins at the time that you discovered the link between your cancer and the carcinogen at work.
As a Florida personal injury lawyer, I am committed to helping Florida residents throughout the state receive just and fair compensation to help them cope with the injuries they have sustained through someone else’s negligence. Contact me at (954) 448-7288, 24/7 to schedule a free consultation to see how I can help you.