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What Is Personal Injury Law?

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Personal injury claims are a type of civil dispute that allows accident victims who have suffered a physical injury or property damage, to recover compensation from the negligent or reckless person who caused the accident. Many personal injury claims stem from car accidents, but these are by no means the only kinds of accidents that can support a civil suit. Those who are injured through medical negligence, or faulty consumer products, for example, can also file personal injury claims. Unfortunately, recovering damages can be an uphill battle, even when fault for an accident is clear, so if you were hurt in an accident in Florida, you should think about contacting an experienced Fort Lauderdale personal injury lawyer for help.

Types of Personal Injury Claims

As we mentioned earlier, many people associate personal injury claims with car accidents. While it is true that accident victims who sustain serious injuries can recover compensation from negligent drivers and other at-fault parties by filing a civil lawsuit, there are a lot of other ways that people can be injured through the negligence of others. Many accident victims who file personal injury suits, for instance, are injured as a result of:

  • Motorcycle accidents;
  • Pedestrian and bicycle accidents;
  • Slip and fall accidents;
  • Boating accidents;
  • Nursing home abuse or neglect;
  • Dog bites and animal attacks;
  • Defective or dangerous consumer products; or
  • Medical negligence.

The type of accident a person is injured in will have important repercussions for their case, as it will dictate certain aspects of the claim. Those who are injured in car accidents, for instance, will need to comply with the state’s no-fault liability laws before pursuing a claim. Similarly, there are specific rules and deadlines to which accident victims must adhere when filing a medical malpractice or premises liability claim.

Liability and Damages

All personal injury claims have two basic issues that must be resolved: liability and damages. The former requires proof that a defendant’s negligence, or failure to use reasonable care, led to the claimant’s injuries. Once this has been established, the plaintiff will also need to prove the extent and nature of the damages, or the losses that he or she has sustained. This in turn, will require evidence, including proof of medical bills, property damage costs, and lost wages.

Statute of Limitations

In Florida, personal injury plaintiffs only have a certain amount of time, calculated from the date of their accident, to file a lawsuit. This is known as a statute of limitations and the amount of time that a person has to pursue legal action will depend on the nature of the case. A person injured in a car accident will, for instance, have four years to file suit, while someone who was injured as a result of medical negligence, will have two years to file a claim.

Were Your Hurt Because of Someone Else’s Carelessness?

To learn more about the ins and outs of filing a personal injury claim in Florida, please call Boone & Davis today. We can be reached online or by calling 954-566-9919.

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