Clearwater Injury Law

Florida Personal Injury

When you are injured by someone or due to the carelessness of another person, it is important to follow a few simple steps to settle an injury claim as soon as possible. You should keep everything fresh in your mind as it happened. If necessary write it down and take lots of photographs, these will help you to recall smaller details when they become necessary. When you are injured always let the other party know you intend to file claim.

In a Clearwater auto accident to win a case, you must prove negligence was the cause of your injury. In Florida it is your responsibility to prove the other party injured you, you suffered damages, and the other party owed it to you to not injure you, but did it anyway. This falls under the “negligence” theory and these three items must be proven to win compensation.

If you were also careless and that was a contributing factor to your injury, you may be found responsible for some of the damage caused to you or our person under the comparative negligence law. That means depending on the percentage of fault by the other party, your compensation can be reduced. If a person is found to be less than 10% responsible for your injuries, they will not be held responsible for any damages. 10-25% responsibility makes them responsible for as much as $200,000; 25-50% responsible makes them responsible for as much as $500,000 and anyone ruled to be responsible more than 50% can be responsible for as much as $1,000,000 of damages. If you are found to not have any responsibility these fines are doubled in each category for the responsible parties.

If you use a product and subsequently suffer damages, the product manufacturer may be found responsible for your injuries under the “strict liability” theory. You would have to prove that you suffered damages, the company had a duty to make a safe product and didn’t, and that the product is what caused your injury. If you can prove all three of these points then you will be awarded damages for the injury involving said product.

In Florida knowing what your case is worth is important. The person found at fault is responsible for several issues regarding those injuries. These responsibilities apply to but are not limited to the following items:

· All medical expenses

· lost work time

· all property damage

· any assistants hired by you to help with duties you could not perform

· any disability or disfigurement

· emotional pain, depression, anxiety or relationship problems caused by the negligence

· any costs directly related to your injuries

In Florida you have up to 4 years to file suit. If you are not able to settle with the other party out of court, it is best to have your claim filed before the statute of limitations runs out. If you wait too long you will no longer be able to file a suit and all of your expenses will go unpaid by the other party becoming your full responsibility. If you are looking for an effective Clearwater injury attorney, contact stinnette law.