When you become disabled from a serious injury caused by negligence, you can seek financial compensation for costs such as medical bills and lost wages. However, many misconceptions exist about the process for filing a personal injury claim.
Learn the truth behind these pervasive personal injury lawsuit myths.
You should take your time to file a lawsuit
While suing is unlikely to be the first thing on your mind when recovering from a debilitating injury, you should actually think about filing a claim sooner rather than later. In Florida, you have four years to file a personal injury lawsuit starting on the date of the injury. After that, the court will dismiss your case.
You will spend significant time in court
In fact, personal injury cases often do not require litigation. Instead, your attorney may be able to negotiate a fair settlement with the responsible party that accounts for both monetary and nonmonetary damages stemming from the accident.
Your injury is too minor for a lawsuit
Injuries like sprains and strains that seem minor can lead to major financial problems if you become unable to work or do not have health insurance. Even if you attempt to settle with the responsible party’s insurance company, the adjuster may be reluctant to offer an amount that covers the true cost of your injury.
You have to pay an attorney upfront
In fact, many personal injury lawyers work on a contingency basis. That means they receive a percentage of your settlement rather than a flat fee or hourly rate.
You cannot sue if you share some fault for the incident
Florida follows a pure comparative negligence standard for personal injury cases. If you are partially at fault for the incident that led to your injury, you can still seek financial recovery. However, the judge will reduce your damage award amount by your percentage of fault. For example, if you have 25% of the fault for an auto accident and your financial award was $50,000, you will actually receive $37,500.
Seek advice from a professional after any injury resulting from negligence. You could receive relief from your financial stress associated with the accident.