Personal injury litigation is a type of law in which one person, the victim “plaintiff,” sues the person who caused them physical injury, the “defendant.” Common types of personal injury cases include car accidents, dog or other animal bites, assault, sexual offenses, allegations that a consumer product was defective and caused an injury, slip and fall events, and medical malpractice. Sometimes, the events leading to the injury of the victim also constitute a crime and may be prosecuted under criminal law.
If you have been the victim of an accident that was not your fault, you may be considering pursuing a personal injury lawsuit. Before you do, however, consider reaching out to a qualified attorney in your area to discuss your case. A competent, local attorney will be able to analyze your case under the law of your state and give you sound legal advice regarding how best to pursue your claim. You should also consider the following frequently asked questions and answers:
- How do I know whether I have a personal injury claim? If you have been injured in an incident that was the fault of someone else, you likely have a personal injury claim. There are other considerations, however. Generally speaking, you have a limited time after the accident to file your lawsuit. This time window is typically called a “statute of limitations” and varies with the law of your state. Some states require you to file your case within two years of your injury. Some states may allow less time, some may allow more.
- Should I file a personal injury lawsuit? This is a hard question that depends on the facts of your case, the amount of damages you incurred, and your tolerance for litigation. Some things to consider include, whether you were also at fault during the accident, whether you suffered a physical injury during the accident, and whether you are willing to subject yourself to the long and sometimes invasive process of filing a civil lawsuit. Filing a personal injury claim may be the right answer, but it is worth careful consideration.
- Does it cost money have a personal injury lawsuit? In short, yes. At a minimum filing a personal injury lawsuit likely requires you to pay court costs and fees. If you hire an attorney you will also be responsible for making sure you meet any payment agreement. You may also bear the cost of serving subpoenas and other related costs for getting the evidence you need to prove your claim. Additionally, you should consider the time and energy you will be spending to pursue your case which may cause you to miss work or have to pay someone else to take care of your routine tasks, such as childcare.
The answers to the questions above likely caused you to ask yourself another set of questions. The best way to get answers directly applicable to your case is to consult with an attorney. Reach out to an experienced personal injury lawyer Fort Lauderdale, FL today to find out what they may be able to do to help you pursue a personal injury claim.
Thank you to our friends and contributors at Needle & Ellenberg, P.A. for their knowledge about personal injury litigation.