Personal injury refers to any physical injury, psychological injury, or an emotional injury. A personal injury claim is initiated by the injured party to seek recompense for the injuries they experienced as the result of a negligent, reckless, or intentional conduct of another. Personal injury cases can also include cases of strict liability—when the defendant of the injury claim is legally responsible for the plaintiff’s injury, regardless of intent or criminal action.

Restitution can be awarded to the plaintiff following a successful personal injury claim either through a settlement or by going to trial. Methods of restitution may include compensation for medical bills, “diminished quality of life”  (e.g. compensation for current or future loss of income), and/or for emotional or psychological “pain and suffering.”

What types of personal injury cases are there?

Auto accidents are one of the most common personal injury cases; however, personal injury claims can also arise from medical malpractice, injury sustained while on a commercial or private premise, wrongful death, product failure, or other cases involving liability.

What should I expect if file a personal injury lawsuit?

You will become the “plaintiff” and the party you are claiming responsible for your injury becomes the “defendant.” The personal injury attorneys from both sides (and, potentially, an attorney for the defendant’s insurance company) will gather facts, hold depositions (which are written or recorded investigative questions while under oath), and exchange or share this information between each party through a process called “discovery.”

Many personal injury cases are settled after the discovery phase without the need to go to trial. Very few personal injury cases actually make it to trial (American Bar Association, www.americanbar.org).

Myrthill’s Law, P.A. is dedicated to our clients. We work diligently to ensure you receive the best possible outcome for your personal injury case. If the defendant refuses a fair settlement for your damages, we are prepared to uphold your rights in a court of law.

What does it mean to settle a case?

Most cases are settled outside of a courtroom, but a settlement can be reached even if a case goes to trial—so long as the jury hasn’t reached a verdict yet.

A settlement means both parties agree to specific terms. Usually, damages are awarded in exchange for ending the claim and absolving the defendant from further liability (meaning you cannot refile your lawsuit in an attempt to receive additional reparations). Several settlement offers may be made—this process often works similar to a negotiation.

Your personal injury lawyer can advise you whether the settlement offer is a good one or if your case justifies pushing ahead with the case. Ultimately, the decision to settle will be yours only, not your attorney.

Will the person responsible for my injury be punished?

Prison sentences and stiff fines are not issued as a punishment through a civil personal injury case. These can only be brought against a defendant in criminal court. While some personal injury cases may cross over into criminal court, most don’t.

Your personal injury claim seeks reparations for the result of your injury from the party responsible. This is usually in the form of:

  • Financial compensation for medical bills related to treating and recovering from a physical injury.
  • Loss of current and future income if your injury prevents you from reentering the workforce at the same or equivalent level.
  • Monetary compensation for your “pain and suffering”—psychological and/or emotional damage following your injury/injuring incident.

Personal injury cases that make it to court and are decided by a jury or judge may have punitive damages awarded. These are very rare and issued when a defendant’s actions were intentional and caused harm. Punitive damages are typically issued as a high compensatory award to the plaintiff.

How long...

Do I have to file for a personal injury claim?

Florida statute of limitations sets a four-year time limit for plaintiffs to file their personal injury claim.

Until my claim is settled?

Personal injury cases can take months to years to reach a settlement. Our attorney will review your case with you and provide you with realistic time frames and expectations.

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