After an accident, it is not uncommon to feel confused and frustrated as you deal with your injury and growing medical expenses. You may be asking yourself about the next steps to take and whether you are qualified to recover compensation for your injuries. If another party’s negligence or wrongful conduct hurt you, you may have the right to file a personal injury claim.
Ben Crump Law, PLLC, is committed to preserving your rights and making sure you take the appropriate steps after an unfortunate incident. A St. Petersburg personal injury lawyer will review your case and give sound and timely legal advice. Call 800-959-1444 today to schedule a risk-free consultation and discover available legal remedies.
Not All Negligent Behaviors Are Legally Actionable
To have a valid personal injury claim, another’s negligent or intentional conduct should have resulted in damages. A negligence claim in St. Petersburg must have four legal components. You should be able to establish that the following elements are present to prove your case.
Duty of Care
Everyone must act in a manner that prevents another person from getting hurt. The basis of this obligation will be the relationship between you and the other party. For instance, store owners have a duty of care to their customers, as well as employers to their employees. A more concrete example would be the obligation of drivers to operate their vehicles safely to prevent an accident that could injure people.
Breach of Duty
Once you show that the defendant owes you an obligation, the next step is proving that there was a failure to meet that obligation. For example, if you sustain an injury in an accident because your employer did not properly maintain your equipment, there was a failure in his duty to provide safe working conditions.
After establishing that the other party broke the duty of care they owed you, be prepared to demonstrate that if they did not behave negligently, you would not have suffered injuries. In other words, the breach of duty should have led to your injuries.
You must have actual injuries and losses before the court awards compensation. The negligent act of the defendant should have resulted in physical injuries, property damage, or sometimes, pain and suffering.
Proving all the primary parts of your case can be complicated, and having a lawyer on your side might help you.
For a free legal consultation with a personal injury lawyer serving St.Petersburg, call 800-730-1331
Strict Product Liability and Comparative Negligence
Florida is among the few states that follow a strict product liability doctrine wherein there is no need for a plaintiff to prove fault or negligence before holding the other party responsible for inflicting injuries. To put it simply, you only need to demonstrate that a defect in the product caused your injury regardless of whether or not there was negligence or carelessness on the part of the manufacturer.
Through this doctrine, the state highlights the right of consumers to buy and use products under the assumption that they are safe. You might be able to secure compensation if a dangerous or defective product injured you.
Comparative negligence also plays a role in personal injury cases in the state. Under this principle, there will be a shared liability for damages. If you are partially responsible for your injuries, the court will reduce your damages based on the percentage of your fault. If the other party shifts the blame to you in the hopes of minimizing damages, turn to a St. Petersburg personal injury lawyer who will advocate for you. Reach out to Ben Crump Law, PLLC to receive the representation you deserve.
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You May Not Have Long to File Your Claim
After an injury, time is of the essence if you want to bring a lawsuit to court. The statute of limitations restricts the time within which you can initiate a legal proceeding. In Florida, you typically need to file your claim within four years following the date of your accident, according to Florida Statutes section 95.11(3)(a). After this deadline, the court will likely prevent you from bringing your claim.
In the case of a wrongful death lawsuit, family members have only two years from the date of the death of their loved one to file the suit. The law also imposes this time limit to medical malpractice cases, starting from the date when the patient became aware or should have known about the negligent action.
Take note that there are various exceptions to the statute of limitations that may apply to your case. Even so, it would be advantageous to take immediate action even if you think you have plenty of time to bring your case to court. As time passes, evidence may become invalid or disappear altogether. Do not delay in consulting with a lawyer to obtain immediate legal guidance and representation.
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How Long Will Your Case Take?
Several factors will determine the duration of your case. Some common examples include the kind of medical treatment you require, the severity of your injuries, and the legal option you pursue. The more severe or complicated your medical issues, the longer it may take for the court to resolve your case. Similarly, filing a personal injury lawsuit will extend your timeline compared to agreeing with the other party. Nevertheless, it is more beneficial to make a choice that allows you to get the just compensation you are entitled to.
A lawyer will ensure that you understand how the legal process works and what are the pros and cons of your decision. You ultimately have the final say, and your attorney will be there to support your choice and protect your rights.
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We Treat All Cases with Special Care
Your case is important to us, and we will make every effort to provide you with the legal help you need. A St. Petersburg personal injury lawyer from Ben Crump Law, PLLC, will explain how we can assist you and recommend the best legal option for your situation. If someone is at fault for your injuries, contact us today to schedule your consultation.
Get in touch with us at 800-959-1444 and speak with a representative of our team. The sooner you communicate with us, the sooner we can help you.
Call or text 800-730-1331 or complete a Free Case Evaluation form