Personal Injury FAQs

  1.       What is the definition of a personal injury?

A personal injury is a physical or mental injury a person sustains as the result of the negligence or intentional act of another.

  1.       How much is my personal injury case worth?

All injury cases are different, and the value of your case will depend on the facts and circumstances surrounding your injuries. When figuring the value of your case, a number of factors must be considered, including the severity of your injuries, the length of time it will take you to achieve a full recovery, whether you are partially or totally disabled as a result of your injuries, the amount of your medical bills and lost wages, and whether or not your injuries are permanent. Whatever your case is worth will ultimately be reduced by the percentage of fault you have in the accident that occurred.

  1.       What is negligence?

In Florida, negligence is when the conduct of a party that owes a duty of care is such that it falls below the legal standards of care and causes injury. It is not enough that there was duty that was breached; you must be able to show that the breach of the legal duty was the proximate cause of your injuries. Proximate cause means that but for the negligent actions of the defendant, you would not have been injured.

  1.       How long do I have to make a claim for personal injuries?

Florida requires claims for personal injury be filed within four years of the date of injury. The only personal injury claim with a different statute of limitations is for medical malpractice cases. In these cases, the statute of limitations is shortened to two year. Any claims not made inside the statute of limitations are waived.

  1.       How long will a personal injury lawsuits commonly last?

The length of time depends on a variety of factors, including the number of parties involved, the severity of your injuries, and whether or not there are any facts in dispute. The more complicated the case, and the more severe your injuries are, the longer the case will normally take. It takes time to hire experts and engage in discovery, and the more complex the case, the more time it takes.

  1.       What if I can’t afford medical treatment?

Many victims of personal injury cannot afford the expenses that arise as a result of the emergency care and long term treatment needed. Even people with medical insurance, out of pocket costs can still run into the thousands. Luckily, there are many health care providers that understand the Catch 22 position the victims of personal injury often find themselves in. Many times doctors will treat you and allow you to sign a promise for payment once you recover damages. A personal injury lawyer can help you find Orlando medical professionals who will be willing to work with you and provide you with care, even if you do not have them money up front.

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