Filing a Florida Personal Injury Lawsuit: What to Know
If you are injured, especially if your injuries are severe, the amount of time you will have to take away from work to heal and the extent of medical treatment you will need can mean that you could accumulate a significant amount of expenses. The financial burden can be overwhelming. However, if your injuries were the result of an accident caused by another party’s negligence, then it could be possible to obtain monetary compensation from them. Filing a personal injury lawsuit might apply to your situation.
Before filing a suit, though, it is important to know if your personal injury case is a good candidate to start the legal process. This is because not every case warrants a lawsuit. So, for help having your case assessed and reviewed by an experienced attorney, you can call a Tampa personal injury attorney at Fulgencio Law.
When To File a Florida Personal Injury Lawsuit
There are essentially five key elements that should be considered before filing a lawsuit. These are:
You Have a Strong Case
You have clear grounds and evidence to make a strong case for a lawsuit. This may seem straightforward, but not always. Sometimes, an injured party believes they should take legal action, but they lack solid grounds to do so, and they do not have the evidence to back up their claims. An attorney at Fulgencio Law can review your case for free and advise you on your options for recovery.
The Financial Ability of a Defendant
It can be tricky to obtain compensation in some situations. For example, if your suit is against a large company for their negligence, then it is likely they have the means to pay a settlement. On the other hand, if you are filing a legal suit against a private party, they will typically be either using their insurance to pay or their own personal assets. If there is no insurance or insufficient insurance or, if there are little assets, this poor financial condition of a private party could make obtaining payment for damages a challenge.
Florida’s Injury Statute of Limitations
The statute of limitations is the time that a plaintiff has to file a lawsuit, which typically starts counting down after an accident happens. This is why it is recommended not to wait to meet with an attorney to see if a case can be made. Florida’s personal injury statute of limitations is generally four years.
Suing in the Correct Jurisdiction
Figuring out what the applicable jurisdiction to sue is essential. Depending on where this is, the additional costs and time it will take to file a suit may or may not make sense.
Call Fulgencio Law Today
Finally, the last thing that can be helpful to understand when deciding if you will file a lawsuit is if you can have an attorney’s help. It is your right to have an attorney assist you with your suit if you choose. Since the attorneys at Fulgencio Law work on a contingency basis, you do not pay anything unless they are able to secure compensation for you.
For help with a personal injury suit, please call Fulgencio Law at (813) 463-0123 to schedule a free consultation with an attorney.