Injury Law in Florida
When you have been a victim of personal injury in Stuart, it is important to take the steps necessary to protect yourself so that you can make a claim against the negligent person or entity. The personal injury law firm of Vastola & Associates would like to present this list of steps necessary when filing a personal injury claim.
1. Obtain documents and evidence
- Write down everything you can remember about the accident. Where did it occur? When did it occur? What were you doing in the moments before the accident occurred? As time goes by, you may forget important details regarding the accident which could be crucial later on.
- Obtain any information regarding the negligent party. Also try to obtain copies of documents such as police reports, contact information of any material witnesses, etc.
- Be sure to review any documents to ensure there are no errors.
- Notify the negligent person or entity that you intend to file a claim against them.
- Consult with a personal injury lawyer to discuss your case as he/she is more familiar with your rights under Florida personal injury law. He/she will be able to ensure you get a fair settlement.
2. Determine who is at fault.
According to Florida law, a personal injury victim must be able to prove that the other party was truly negligent. According to Florida personal injury law you must prove:
- The negligent party had a duty not to injure you.
- There is a direct link between the negligent party’s duty and your injury.
- You have suffered bodily harm.
In addition, if any of your actions are determined to have contributed to your injury, then the amount you can claim will be reduced in proportion to amount your carelessness contributed to your own injuries.
3. Determine the worth of your claim.
According to Florida personal injury law, the negligent party may be responsible for:
- Medical expenses including current and future expenses
- Lost wages
- Property damage costs (such as your car)
- Permanent disabilities or disfigurements
- Emotional distress
- Any other costs directly attributed to your injury
A personal injury attorney will be able to help you determine what is a fair claim based upon his/her experience and knowledge with other claims similar to your own.
4. Make a claim.
In Stuart, as well as the rest of Florida, there is a statue of limitations for filing a claim for personal injury. You have four years to file a lawsuit against the negligent party. If you and your attorney are unable to reach a settlement for your claim, then a lawsuit must be filed within four years of when the accident occurred.
