When it comes to filing a personal injury lawsuit, there are a lot of things to consider. You want to make sure that you have a strong case, and that you file at the right time. This article will discuss when to sue for personal injury, and what factors you need to keep in mind. It will also talk about how to file a personal injury claim, and what qualifies as a personal injury case. If you have been injured and are thinking about filing a lawsuit in Florida, be sure to get in touch with the law firm of Jared Spingarn, P.A.
What qualifies as a personal injury claim?
A personal injury claim is a civil lawsuit that is filed in order to recover damages for injuries that were caused by someone else’s negligence. This means that you will need to show that the other person did something or failed to do something that led to your injuries.
In Florida, negligence is defined as when a person fails to use the level of care that a reasonable person would use in the same situation. For example, if you are walking across the street and a car hits you, the driver of the car may be considered negligent. This is because they should have been paying attention and should have seen you walking in front of them. If you can prove that the other person was negligent, you may be able to recover damages for your injuries.
The following are the incidents that may qualify you to make a legal claim:
- Car accident
- Truck accident
- Motorcycle accident
- Bicycle accident
- Slip and fall accident
- Pedestrian accident
- Workplace accident
- Medical malpractice
- Dog bite
- Defective products
These are just some examples of the types of cases that may qualify as personal injury claims. It must be noted, however, that to qualify for a claim under personal injury law, your injuries must have been caused by the negligence of another person AND you must have sustained serious injuries that required extensive medical treatment.
This means that minor injuries that only required one or two treatments are not covered under personal injury law. In these cases, you may file an insurance claim with your insurance company under your personal injury protection coverage.
If you are not sure whether or not your case qualifies, you should speak to an experienced personal injury attorney. Jared Spingarn’s team of personal injury attorneys will give you a free consultation to determine the facts of your case. Whether you were in a car accident or suffered injuries due to medical malpractice, your personal injury attorney will be with you through every step of the legal process. Your personal injury lawyer from Jared’s firm will ensure that you receive full and fair compensation for your injuries.
Where do I file a personal injury claim?
Personal injury lawsuits may be filed against the insurance company of the at-fault party or in court. If you plan on filing a lawsuit against an insurance company, it is important to know that there are time limits within which you must do so. This is called the statute of limitations.
What is the statute of limitations for filing a personal injury lawsuit in Florida?
In Florida, the statute of limitations for most personal injury claims is four years from the date of the accident. This means that you have four years from when the accident happened to file a lawsuit. If you do not file within this time frame, you will likely be barred from doing so.
This timeframe will help you determine when to sue for personal injury. But in most cases, your personal injury lawyer from Jared’s law firm will advise you to file an accident claim as soon as possible for a better chance to recover compensation.
When should I sue for personal injury?
You should sue for personal injury if you have met the requirements for filing a personal injury claim. These requirements include having sustained serious injuries in the accident and being able to prove that another person was at fault for your accident.
Jared Spingarn’s team of accident attorneys has tons of experience handling various accident cases, not limited to a car accident. During your free consultation, the lawyer assigned to you will advise you when to file an insurance claim or lawsuit.
What should I do if I am being sued for personal injury?
Getting into an accident may lead to serious injuries, a pile-up of medical bills, lost wages, emotional harm, and pain and suffering. But causing an accident may result in you being on the other side of the civil lawsuit.
If you are being sued for personal injury, you should speak to a personal injury attorney as soon as possible. An experienced attorney will be able to help you navigate the legal process and ensure that your rights are protected.
The attorneys at Jared Spingarn’s law firm have a proven track record in defending against various types of personal injury lawsuits. They will also build a mutually beneficial attorney-client relationship with you to make sure that you are comfortable with the legal process.
How to File a Personal Injury Claim
Once you are properly advised on when to sue for personal injury, the next step is to file a personal injury claim. The steps on how to file a personal injury claim may seem daunting, but with the help of an experienced personal injury lawyer, the process will be much smoother. The following are the steps you can follow when filing a personal injury claim:
1. Contact a personal injury attorney.
The first step is to contact an experienced personal injury attorney who will evaluate your case and determine the best course of action. Jared Spingarn’s law offices offer a free consultation where their team of accident and personal injury lawyers can get to know you and your case. Once they have a good grasp of the case details, they can provide you with your legal options. If you decide to move forward with your case, your attorney will then begin the process of gathering evidence and building your case.
2. Gather evidence.
Start gathering evidence that will help support your case. This includes photos of the accident scene, medical records, police reports, and eyewitness statements. Your personal injury attorney will also request your medical records and bills, lost wages information, and any other documentation that is relevant to your case.
3. Submit a demand letter and negotiate with the at-fault party’s insurance company.
After your attorney has gathered all the necessary evidence, they will then draft and submit a demand letter to the at-fault party’s insurance company. The demand letter will state the facts of the case, list the damages you have suffered, and request a specific amount of compensation.
The insurance company will then have the opportunity to respond to the demand letter. In most cases, the insurance company will make a lowball offer in an attempt to settle the case quickly and for as little money as possible.
Your attorney will then negotiate with the insurance company on your behalf to try to reach a fair settlement. If a settlement cannot be reached, then your attorney will file a personal injury lawsuit on your behalf.
4. File a personal injury lawsuit if the claim is unsuccessful.
If you are unable to reach a settlement with the at-fault party’s insurance company, then your next course of action is to file a personal injury lawsuit. Your attorney from Jared’s firm will then draft and file the necessary paperwork with the court. Once it is filed, the at-fault party will have an opportunity to respond to the lawsuit.
The case will then go through the process of discovery, where each side will have the opportunity to request information and documents from the other side. After discovery is complete, the case will either be settled out of court or go to trial.
Do all personal injury cases go to court?
Going to court to face a judge and jury can be daunting. The good news is that not all personal injury cases go to court. In fact, most personal injury cases are settled out of court. However, there are some instances where going to trial is the best course of action, especially if both parties are unable to reach a settlement. Jared can advise you on whether or not going to trial is the best option for your case.
After an accident, you may be wondering when to sue for personal injury and how to file a personal injury claim. The best course of action is to contact an experienced personal injury lawyer who can evaluate your case and advise you on the best course of action. In Hallandale Beach, the law office of Jared Spingarn offers a free consultation so that their team of accident lawyers can get to know you and your case.
>> If you sustained personal injuries in an accident in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney at 1-954-781-2316 for a Free Case Review or drop a message on their Contact Us page.