Do I Have A Valid Personal Injury Claim?
In general, the average person does not know what a personal injury claim is unless they have been in a position to make one. If someone is injured because of another person’s negligent or reckless behavior, however, they have the right in most cases to file a claim against that person. That said, it can be difficult for a layperson to determine that their injuries are serious enough to warrant a lawsuit, or to believe that filing a lawsuit is worth the effort. Contacting an experienced legal professional can help to clear up any questions.
Many Types Of Personal Injury Cases
Personal injury is a very broad area of law, encompassing everything from auto accidents to dog bites to assault. However, some types of injuries that would normally fall under personal injury will often be classified in a different way, because of some circumstance surrounding the injury. For example, if you are injured while at work because of another employee’s negligence, the harm you suffered may fulfill all the requirements of a personal injury claim, but because it happened at work, you would not file suit – rather, you would file for workers’ compensation benefits.
In theory, this does not matter, because either way, you have the chance to recover compensation. However, with workers’ compensation law specifically, it does matter because workers’ compensation only permits recovery of tangible damages (i.e. damages that are quantifiable, such as lost wages or medical bills). Intangible damages like pain and suffering or loss of future earning potential are not recoverable under workers’ compensation law, but are recoverable in most general personal injury cases.
Auto Accident Claims Are More Complex
While one can file a personal injury claim if they have been injured due to another person’s negligence, it is crucial to be aware that in Florida, many auto accident claims cannot be filed in court. Florida has a no-fault system when it comes to auto insurance, which means that Florida drivers are required to carry at least $10,000 in personal injury protection (PIP) insurance and $10,000 in property damage liability (PDL) insurance, which can then be used to settle small auto accident claims.
If you are severely injured in an automobile accident, however, Florida law has what it refers to as an injury threshold. If your injuries are “significant and permanent,” the law allows you to file suit against the allegedly negligent driver in court as you would do in a standard, non-auto accident case, because your injuries are assumed to be serious enough that $10,000 in insurance coverage will not handle your bills. Accident reports and medical records can help to establish your status.
Contact An Orlando Personal Injury Attorney
Because personal injury is such a wide area of law, valid claims can come in many different guises. If you have questions or concerns about your potential claim, an Orlando personal injury attorney from the Hornsby Law Group can try to help you get answers. Contact our offices today for a free consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.02.html
