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Who Can File a Personal Injury Claim?

Personal injury claim

Personal injury claim

Personal injury claims are a legal remedy to provide the injured person or the survived of the deceased financial compensation resulting from the negligent or intentional conduct of others. It covers a wide range of liability issues that a Melbourne, FL personal injury attorney will represent you on.  If you have been injured through no fault of your own, it doesn’t hurt to sit down and discuss your options with an experienced attorney specializing in personal injury law.

Types of Personal Injury Claims

The most common reasons to file a personal injury civil lawsuit include:

  • Car accidents
  • Bicycle accidents
  • Pedestrian accidents
  • Watercraft accidents
  • Medical Malpractice
  • Defective Products
  • Trips, Slips, and Falls
  • Dog Bites
  • Defamation of character

Power of Attorney

Each case is unique.  Every injury, personal defamation or wrongful death is a very personal and sensitive matter.  Some people are left without the capability to file a personal injury for themselves.  If there is not a power of attorney document giving another person of your choosing the authority to act on your behalf, there would need to be court proceedings that will provide for the appointment of such.  It is a lengthy process and can slow down civil proceedings, but it will allow for the pursuit of personal injury compensation in the event you need another person to handle the affairs.

When to File a Personal Injury Claim

Florida has a statute of limitations law for filing a personal injury claim.  If your claim is against another person you have four years from the date of the accident to file.  If the claim is against the government, on any level, you only have three years to file.  There may be extenuating circumstances that can be approved to extend the time frame, but only a Melbourne, Florida personal injury attorney can determine if any of those would apply to your case.

Comparative Negligence Law

In Florida, practically anyone can file a personal injury claim, provided certain things can be proven.  The main contingency point is establishing fault.  Florida’s comparative negligence law requires that compensation be awarded on the basis of an at-fault comparison.  What this means is that if you are found to be at fault to any degree of the matter, a portion of the final settlement would be denied to compensate for your portion of the fault.