Personal Injury FAQ

Frequently Asked Questions: Personal Injury

Plantation Injury Lawyer

At the Law Offices of Jason T. Corsover, we recognize that if you are dealing with a personal injury case, it is likely that you have a lot of questions. For this reason, we have compiled some of the most commonly asked questions below. We encourage you to read through these questions. If you still would like to know more, please do not hesitate to get the involvement of our firm as soon as possible.

Who can file a personal injury lawsuit?

"Personal injury" is any physical harm or property damage that results from another person's negligent or reckless actions. In order to file a claim, you simply need to prove that a) you were not responsible for your damages and b) someone else was. Filing a claim for personal injury will require you to provide evidence of another party or parties' liability. Common evidence of liability includes:

  • Police statements
  • Witness statements
  • Photos

Keep in mind that there are different types of liability that could apply to your personal injury lawsuit in Plantation. In Florida, personal injury claims can be filed for:

  • Negligence – Someone failed to demonstrate proper care or to fulfill their duty, resulting in an accident and / or serious injury to another.
  • Strict Liability – These cases hold a person or entity accountable for damages caused to another regardless of the circumstances. For example, dog owners are always held responsible for any damages that their dog causes in an attack.
  • Intentional Conduct – If someone intentionally caused an accident or injury, they are to be held responsible for the damages that the other person(s) suffered.

Essentially, if your injuries were directly caused by someone else and you can prove it, you have grounds to file a personal injury lawsuit.

Back to Top

By filing a personal injury claim, am I punishing the defendant?

Not exactly, no. When wrongdoing is punished by the law, it will typically be when criminal charges are being pressed against the defendant. Personal injury claims are more geared towards helping the plaintiff than "punishing" the defendant. There are, however, what is known as punitive damages, which are design to serve as some level of punishment. In these cases, a defendant may be fined to pay some sort of restitution to the victim and their family if it is proven they acted grossly negligent.

Back to Top

The insurance company has offered me a settlement. Do I accept?

Do not accept any settlement without first discussing it with your lawyer! Insurance companies are notorious for offering a quick settlement to come to a swift resolution. The truth is, however, that they are only interested in making a profit. They will do everything that they can to minimize the value of the claim for their own profit. You need a lawyer who will be able to help negotiate with the insurance company for a more just number and even litigate the case if necessary.

Back to Top

I was hurt in an accident. What should I do?

The first thing that you should do following an injury accident of any kind is to seek immediate medical attention. In some cases, the adrenaline of the accident may cause you to not feel the pain and in other cases, the symptoms just may be severely delayed. Regardless of how you feel, you need to see a medical professional to get yourself checked out. After that, you should file a report with the police, get all necessary information from the other party involved and witnesses, write down everything that you see and even take pictures at the scene of the accident if necessary. Then, contact a lawyer to help you file a claim.

Back to Top

Will my personal injury case go to trial?

Not necessarily. In many cases, we will be able to negotiate a just settlement with the insurance company out of the courtroom. This may require some significant back and forth, but insurance companies are not eager to go to trial and if we are aggressive enough, we will hopefully be able to come to a good settlement. If not, however, we will gladly take the case to trial to help fight for your legal rights.

Back to Top

What does "contributory negligence" mean?

Per Florida Statutes §768.81, in personal injury claims filed in Florida, if it is determined that the plaintiff was partially at fault for the accident, their damages (both economic and non-economic) will be reduced in proportion to the percent that they contributed to the accident or injury.

Back to Top

What is negligence?

By definition, negligence is the failure of an individual or multiple parties to carry out the caution that a sensible and prudent person would demonstrate. This term is carried over into personal injury law, and is the reason behind a majority of the claims and lawsuits that go through the court system. Negligence can be observed in many ways, whether it involves a driver that fails to operate their vehicle in a safe manner, or it is a worker at a nursing home that fails to meet their responsibilities to care for the health of a patient. The court can review if the actions of the party in question were in fact negligent. They will determine this by reviewing what it is believed a reasonable person would have done in the same situation.

Back to Top

How much is my case worth?

Each case should be reviewed on an individual basis. There is no across the board answer for how much a person is owed in a claim or lawsuit so if you believe that you have been involved in a situation that warrants compensation, speaking with an attorney is the first step. Through exhaustive experience dealing with related cases, a professional can work alongside other specialist to determine an estimation of the amount that should be fought for. This will incorporate the current amount of medical costs you have dealt with, and the additional amount that is expected before you recover. If you have been unable to work, or are harmed beyond the point of ever returning to work, this will also be taken into account.

Get a more detailed explanation by clicking here.

Back to Top

What is a wrongful death case?

An accident can lead to any amount of damage. Some people walk away with few injuries from a serious accident, while others can be left with harm they will never fully recover from. Each case can be difficult in its own way, but one of the most devastating events is when an accident leads to the death of an innocent person. This can be a pedestrian struck by a car or a driver that is hit by a large truck. In a wrongful death case it is the family of the individual that may pursue compensation for their loss. This can be for the medical expenses of the victim prior to their death, the loss of financial support if they were the income earner, the cost of a funeral and burial, pain and suffering the victim endured prior to their death, the emotional anguish that the family of the victim has had to face and other factors that should be taken into consideration.

Back to Top

How long do I have to file a claim?

Anyone who wishes to sue another person or entity for personal injury or wrongful death must do so within a certain number of years after the accident. The Florida Statute of Limitations (2013 Fl. Stat. § 95.11) provides these laws in sections 95.11(3) and 95.11(4)(d). Read below to learn about how the Florida statute of limitations applies to your case before you consult a Plantation personal injury attorney from the Law Offices of Jason T. Corsover.

Florida Statute of Limitations for Personal Injury

According to 2013 Florida Statutes § 95.11(3), you have four years from the date of the accident or injury to file a claim for personal injury. These types of claims include actions for:

  • Negligence
  • Injury to a person due to manufacturing or selling of personal property, including fixtures
  • Taking, detaining, or injuring personal property
  • Intentional tort, including assault, battery, malicious prosecution or interference, and false arrest or imprisonment

These are only a few of many different types of lawsuits that can be filed within four years. If you do not file within four years, your claim will be denied.

Florida Statute of Limitations for Wrongful Death

"Wrongful death" occurs when someone is killed in an accident or because of an injury that was caused by someone else's negligence, recklessness, or intentional behavior. Any immediate family and dependents who survive a wrongful death victim are entitled to compensation through a wrongful death claim. According to 2013 Florida Statutes § 95.11(4)(d), you have two years after the date of the accident to file a claim for wrongful death. Do not wait longer than two years, or else you will not be allowed to recover the compensation that you deserve.

Back to Top

Contact Our Office

Fill out the information below to request your free consultation.