Though personal injury law is a broad legal category that allows people injured by everything from car wrecks to medical mistakes to seek recompense for their damages, the common factor tying all personal injury lawsuits together is the causal relationship between one person’s pain and financial suffering and another person’s negligence. If you suffered injury due to another’s actions, a Homestead personal injury lawyer could help you take effective action.
A zealous personal injury attorney with a breadth of experience in handling personal injury claims may be able to help you receive financial compensation for your struggles. In addition to communicating with insurance companies on your behalf, your attorney could provide emotional support, work to collect evidence of your injuries, and help protect you and your financial situation in a productive way.
Homestead Statute of Limitations
The statute of limitations applicable to Homestead, which can be found in Florida Statutes §95.11(3), determines when injured people can file a claim for personal injury. According to this statute, potential plaintiffs must file their personal injury cases within four years of the date of the accident that caused their injury. Individuals who fail to file their claim within this window could lose their right to compensation, as the court may refuse to hear their case altogether.
However, there may be some exceptions to this statute. For example, if someone discovers an injury significantly later than the date of the car accident that caused it, the statute of limitations window may be extended. However, those harmed or their Homestead car accident lawyer must prove to the court that they could not have reasonably discovered the injury at an earlier date in order for this exception to apply.
Medical Errors
For injuries stemming from improper medical care, injured individuals must file a lawsuit with the court within two years following the discovery of the injury or four years from the date of the injury, whichever comes first. Unfortunately, even if a medical injury is not discovered until five years after an accident, a court would still likely throw the case out if either of the aforementioned deadlines passes.
There is one exception to this standard, though, which occurs if a healthcare provider concealed the malpractice through deception so that the victim could not discover it. In this case, the statute of limitations is set at two years from the date of the injury discovery or seven years from the date of the malpractice.
Comparative Negligence Law
Some lawyers specializing in personal injury law may choose to handle only certain types of claims, while others choose to help harmed individuals regardless of the source of their injury. Generally, a Homestead personal injury lawyer could help any person harmed due to another person’s negligence.
However, if an injured person is found to share partial blame for an accident, the court may adjust compensation accordingly. For example, if the court deems an injured person to be 20 percent at fault for an accident, they may only receive 80 percent of the total compensation they would otherwise be eligible to receive. However, carrying any degree of partial fault cannot prevent a plaintiff from recovering damages in Florida.
It is important to note that since courts in Homestead are required to follow this pure comparative negligence rule, insurance adjusters may use this rule up to push for compensation adjustment. Consequently, anyone seeking compensation both inside and out of court may wish to retain a dedicated and knowledgeable personal injury lawyer in Homestead to help fight for their rights.
How a Homestead Personal Injury Attorney Could Help
Any personal injury can be devastating, especially if you and your family do not know how to proceed with a civil case to recover damages. If you or a loved one suffered an injury in an accident that the negligence of another person caused, you may benefit greatly from contacting a Homestead personal injury lawyer.
Allow a passionate and dedicated attorney to stand by your side, advise on your legal options, and help you work towards a favorable outcome. Reach out today to schedule a free consultation and discuss your case.