What Is a Personal Injury Claim? 

 November 25, 2014

By  LMW Attorneys

Personal injury claims are frequently brought to an attorney’s office for best resolution. It can be difficult to negotiate and collect for injury claims without legal representation. In Florida, legislation taking effect on January 1, 2013, will further limit collectability to $10,000 for most emergency personal injury accident treatment claims.

What is a Personal Injury Claim?

Any time one person receives bodily injury, including psychological, mental or emotional damage, they may be able to file a case against another person who caused that accidental injury. One foundation of making a personal injury claim is proof that someone else’s behavior was negligent, causing the injury accident.

What Do I Need to Prove?

First, you must prove responsibility for the injury. In Florida, you also need to prove that your behavior entailed no negligence that could have contributed to the injury accident. You also must prove that you did all possible to minimize your damages, and you must provide proof of damages.

How Can I Win My Personal Injury Case?

Obtain professional legal representation immediately. Here are a few tips for winning your case:

  • Interview experienced attorneys – First meetings are usually free. Then select the one you feel most comfortable working with. Cases may take months or longer to resolve.
  • Do not try to work with insurance adjusters – They only represent the other side and not you. Your attorney will work for your best interests only.
  • Get documentation – Take photos, get witness contact information and medical reports for your attorney to use as evidence.
  • Remember that you may have hidden injuries that might require treatment in the future – Incorporate this possibility into any settlement or court claims.
  • You must prove the defendant neglected their legal duty to try to prevent accidents and that your accident was foreseeable with reasonable care or foresight.
  • Don’t rush into a settlement agreement without considering any possible future impact of your accident. You cannot go back for more once you sign off on a settlement.

Personal injury claims can involve more than just accidental injuries. If someone is killed due to another person’s negligence, a defective part or piece of equipment, or careless performance of their job, you may be able to file claims. Examples of this include faulty tires that cause rollover accidents, lack of proper safety equipment availability or use, medical malpractice, wrongful termination, wrongful death and other claims. The first and best step to take is to get competent advice from a licensed personal injury attorney.

Fill out LMW’s Personal Injury Client Intake Form here.

Call your New Port Richey personal injury attorney at Laporte, Mulligan & Werner-Watkins immediately for best results.