How serious does an injury have to be to file a personal injury claim in Florida?
There is no minimum or maximum rule when it comes to bringing a personal injury claim. And, candidly, injuries can affect each person differently.
What are the most common types of injury claims?
Generally, the most common types of injury claims are related to injuries where someone may have broken a bone – such as a fractured arm or leg – and joint injuries such as a torn ACL/MCL in the knee or shoulder and hand injuries to those specific joints. Also, it is very common for someone who was in a car accident or slip and fall to have injuries to the spine, specifically, injuries to their neck, lower back, and mid-back. In addition, other types of common injuries include head injuries that result in concussions, headaches, and traumatic brain injuries (also referred to as “TBI”). Lastly, depending on what caused the injury and how the accident occurred, someone can certainly suffer from cuts, abrasions, bruising, and burns.
Does it matter where the injury occurred?
It does not matter where the injury occurred. However, what is important is that an injured person advises their attorney as to where the injury occurred as specifically as possible. One of the reasons for this is that an attorney could investigate to determine if there are cameras in the area that may have captured the incident. In addition, for instance, in a slip and fall accident, it is important to know if someone else besides the property owner is also responsible for the incident; for instance, maybe a cleaning company or separate management company failed to place a wet floor sign out to warn customers or failed to repair a broken piece of tile in a walkway. Lastly, there are certain circumstances where an injury could have happened at your place of work – typically referred to as a “worker’s compensation claim” – however, there still could be a third party responsible for the injury that occurred at work that will allow the injured person to also bring a separate claim for negligence.
How long do I have to make a claim and what is the procedure?
Under Florida law you have two years to bring a case for negligence if you were injured – this time frame is also referred to under the law as a “Statute of Limitations” (“SOL”). This 2-year time period is applicable to all different types of negligence claims such as car accident cases, slip and fall claims, wrongful death matters, medical malpractice causes of action, and product liability cases. If someone thinks that they have a potential case, then it is critical that they act immediately because if they do not bring their potential claim within the statute of limitations, then they could be forever barred from bringing a case. In addition, the reason for acting quickly is so that an attorney can properly investigate the case to make sure that all potential wrongdoers are placed on notice, to secure all potential insurance coverage, and to make sure that any potential evidence – such as security camera footage, car data crash recorder (CDR), or defective products, etc. – are preserved in the event a lawsuit or further investigation is necessary.
Dave Shiner
Shiner Law Group
Tel: (855) 927-2795
www.shinerlawgroup.com
Published by: www.lawyer-monthly.com