Personal Injury Lawyers and Attorneys under Florida Law
The personal injury lawyers and attorneys at the law firm of Arcadier and Associates, are ready to give you a free legal consultation to address all of your personal injury claims. If you are looking for experienced attorneys with perseverance to fight for your rights, come and see us for a free consultation. We take personal injury cases on contingency, which mean, at no cost to you. We only take a percentage of the monies we are able to recover for you.
Introduction to Personal Injury
Personal injury is a legal suit filed when bodily or mental harm has been sustained due to an accident or injury which resulted from the negligence of another individual, party or entity. It includes cases of road accidents, medical complications due to incorrectly prescribed medication, or even injuries or disabilities sustained anywhere do to someone's negligence.
Remuneration may be obtained depending upon the seriousness of the accident and the emotional distress caused by the injury.
Types of Damages
- Special damages: These damages include real, material damages of a quantifiable nature such as medical bills, damage to property, loss of body functions.
- General damages: These damages are of a more putative, less measurable nature, such as emotional pain and suffering, loss of consortium, etc, otherwise known as intangible damages.
While considering a suit, both these types of damages are required to be brought under consideration.
Going through the process
Unless the complaint is being made against a government firm or individual representing such a firm, there is no fixed, common process for filing a personal injury suit. The assistance of a trial lawyer is necessary so that he or she can ascertain the proper remedies available to you. In some instances, a pre-litigation process must be initiated prior to the filing of a lawsuit.
Personal injury suits also have a deadline for filing. For most common types of injuries, a time period of up to four years is available within which, the individual may file for suit. This is known as the Statute of Limitations (or SOL). Once the Statute of Limitations period has expired, the suit will not be considered, irrespective of the damages and disabilities sustained. For filing against certain firms and government organizations, the time period is even lower: Some as little as 60 days.
It is therefore, of prime importance to pay expedient attention to your rights by making sure that timely legal assistance is obtained. Steps to take when involved in an Accident or an Injury:
Certain steps can be taken to gain an advantage in your suit. At the site of accident, taking notes of details and specifics is useful, along with finding out all witnesses names and taking any relevant pictures. It is equally vital to get immediate medical attention and diligently recording all expenses and damages incurred. A total sum of all the damages will be made which the opposite party is to reimburse upon a settlement or upon succeeding at trial.
In certain cases, a prevailing injured individual may be entitled to receiving compensation throughout their lifetime, as in the case of loss of amenity, wherein the individual has been rendered disabled from the accident and is unable to perform activities to sustain his livelihood.
Example of a Personal Injury CaseBrett Michaels v. CBS and the Tony Awards Show
During the 2009 Tony Awards, singer Bret Michaels had sustained head and face injuries after a part of the stage fell on him. He was required to be hospitalized and around April 2010, suffered subarachnoid hemorrhage that nearly killed. A lawsuit was filed against CBS and Tony Awards Show by his lawyer claiming that if Michaels were to have been informed about the set being scheduled to change near the end of his performance or if he were directed by the stage officials through proper exit routes, the accident would’ve been avoided. Compensation for damages is now being sought by Michaels from the producers of CBS.
It is important to understand that personal injury cases are fact intensive cases and no two cases are the same. This is why it is extremely important to be represented by an attorney who is not only sympathetic to your case, but also has the knowledge and experience to properly represent you. At Arcadier and Associates, we have over 80 years of combined legal experience to assist you with any of your personal injury questions and issues.