When someone sustains damages because of another person’s negligence, Florida law entitles that individual to seek financial recovery for their losses. In other words, a plaintiff in an injury claim is basically asking the civil justice system to hold the party deemed responsible accountable for their actions. To request compensation for damages in civil court, a recovering victim must file a personal injury claim.
A personal injury claim can be difficult to prove, which is why it is important to understand the legal process and to know how to build a strong case. There are several issues to keep in mind when filing a claim. While there are no laws requiring a plaintiff to be represented by an attorney in court, those who do so are typically able to achieve better outcomes than those who try to handle their cases on their own.
Preparing a personal injury claim
The first thing to keep in mind when preparing a personal injury claim is that the court must be persuaded that key elements existed when the incident occurred. These include a failure to honor a duty of care on the part of the defendant, negligence that was the proximate cause of the incident, and injury that occurred as a result. To prove an injury case, a plaintiff must gather as much relevant evidence as possible to substantiate the claim. This might include photographs, medical records and/or eyewitness testimonies.
It is also important to specify the monetary damages that occurred. This might include physical injuries and property damage, as well as emotional trauma and economic distress. Finally, a third issue to bear in mind when considering filing a personal injury claim in Floridais that these claims typically must be filed within two years of the date of the incident. It is helpful to consult with an experienced injury attorney before moving forward as this ensures that the proper procedure is followed and that the request for damages meets the maximum amount allowed by law.
