Getting hurt in an auto wreck, trip and fall, or any other type of accident can be immensely stressful and possibly life-altering if your injuries end up being permanent and debilitating in nature. Fortunately, if you can establish that someone else is to blame for your accident and your subsequent injuries, you could hold that person financially liable for all the losses you may find yourself dealing with both now and into the future.
Guidance from a Valrico personal injury lawyer could be a crucial component of obtaining a successful result from a civil lawsuit or settlement demand built around a serious accident. Whether you just need help paying short-term medical bills or need to mitigate the impact of a lifelong injury, an experienced attorney’s support might make all the difference in how the legal process plays out and ultimately concludes for you. Call Distasio Law Firm today to learn more.
How Negligence Can Create Fault for an Accident
While there are some exceptions, most personal injury claims in Florida center around the legal theory of negligence, which itself consists of four components that must all be present for a case to proceed:
- The named “defendant(s)” owed a “duty” to you—the injured “plaintiff”—which required them to act responsibly under certain circumstances to minimize their risk of hurting anyone else
- The defendant “breached” their duty by acting carelessly, recklessly, and/or illegally
- That breach was the primary and direct cause of an accident that otherwise would likely never have occurred, and that accident was the primary and direct cause of an injury to you which required professional medical care
- The plaintiff sustained “compensable losses”—in other words, harm that can be remedied at least to some degree through financial compensation—directly because of the accident and/or their injuries
Compensable damages through a successful claim can include economic damages like lost work income and medical bills as well as various non-economic forms of pain and suffering. A knowledgeable Valrico personal injury attorney like Scott Distasio could go into specific detail about potentially recoverable losses during a private initial consultation.
Possible Obstacles to Effective Recovery
If a court decides that you bear some amount of fault for your injury based on your own negligent behavior, that court may assign a percentage of total fault for your losses to you in accordance with Florida Statutes § 768.81, and then reduce whatever damage award you ultimately receive in proportion to your share of fault. While Florida fortunately does not set a maximum amount of fault a plaintiff can bear that disqualifies them from civil recovery altogether, proactively fighting allegations of “comparative fault” can still be vital to getting fairly reimbursed for injury-related losses.
Additionally, Fla. Stat. § 95.11 sets a two-year deadline—usually beginning when your injury first occurred—to begin any litigation you intend to pursue over an accident. Failing to file a claim yourself, or to have a capable personal injury lawyer in Valrico do so for you, within this filing period will almost always leave you “time-barred” from getting any compensation for that specific incident.
A Valrico Personal Injury Attorney Could Help
No one deserves to suffer physical, financial, or personal losses solely because of someone else’s misconduct. However, if you try to demand financial restitution from someone who caused you harm without first seeking assistance from seasoned legal counsel, you may have trouble getting any money at all, let alone the full amount you deserve for all your losses.
After getting necessary medical care, contacting a Valrico personal injury lawyer at Distasio Law Firm should be your top priority following a serious accident. Call today to schedule a meeting with one of our qualified attorneys.