When Can I Sue?
If you are injured in an accident, you are not automatically entitled to seek compensation for your losses. To have grounds for a personal injury case, your attorney must prove that your injury resulted from the negligence of the other party.
A person acts negligently if he or she fails to exercise the level of care that a reasonably prudent person would use under similar circumstances. For example, if a driver of a car fails to follow the speed limit and causes an accident, he or she didn’t operate his or her vehicle responsibly and may be held liable in a civil lawsuit for any damages caused by the accident. Other examples of negligence include:
- Grocery stores that fail to clean up spills in a timely manner, causing injuries to customers
- Drug companies that do not perform sufficient clinical tests before taking a new drug to market, causing harm to patients
- Trucking companies that do not adequately maintain their fleet, causing roadway accidents
In Florida, there is a limited amount of time, known as the statute of limitations, in which a personal injury lawsuit may be filed. This timeframe will vary based on the type of accident in which you are involved, the severity of your injury, and the point at which the statute of limitations for your case will begin to run.
In some cases, this window may be extended to provide the injured party additional time to file a lawsuit.
How a Tavares Personal Injury Lawyer Can Help
Your attorney will listen to your account of the incident and explain how a lawsuit will proceed in your particular case. If you decide to file a lawsuit, your attorney will handle most aspects of the process while keeping you up to date and discussing your options each step of the way. Your attorney may:
- Investigate the cause of the accident
- Collect evidence supporting your allegation that the other party was negligent
- Handle all discussions with insurance companies, other opposing parties and the court on your behalf
- Create a claim on which your lawsuit will be based
- Negotiate with opposing parties for a fair settlement using your claim as leverage
- Prepare and bring your case to trial if settlement negotiations are unsuccessful
If you were injured in an accident, contact our Tavares attorneys as soon as possible for a free consultation to discuss your case. We can help determine when you may file a lawsuit for damages and the length of time in which you have to recover compensation for your losses.