What Exactly Is A Personal Injury Lawsuit?
Data from the Centers for Disease Control (CDC) estimate that roughly 29.4 million emergency room visits happen each year as a result of unintentional or accidental injuries. No data exists as to how many of those were caused by the negligence or reckless conduct of another person, but for those injured people, the possibility may exist that they can recover for the damage they have suffered. These cases are referred to as personal injury suits – as a result of an injury to your person, you have the legal right to try and recover monetary damages.
Not Your Own Fault
Some accidents simply happen, with the fault lying squarely on the injured person for the injuries they sustain. However, there are several types of personal injury lawsuits where at least some fault can be laid at the door of another actor – for example, another driver in an auto accident case, or a business in a slip-and-fall or premises liability action. Anytime a person’s action (or inaction) causes tangible harm to an another person’s physical body, the injured person can try to receive monetary compensation from the original actor.
If you have been hurt due to someone else’s negligence or recklessness, your first step should be to determine whether or not the harm you have experienced is actionable in court – and most of the time, if you can directly show that your injuries are tied to another person’s negligent or reckless behavior, it will be. There are, however, exceptions – for example, Florida is a no-fault state when it comes to auto insurance, which means that regardless of fault, anyone injured in an auto accident whose medical bills total less than $10,000 must pursue claims with personal injury protection (PIP) insurance instead of in court.
Different Types of Damages
If you have decided to file a personal injury lawsuit, it is important to be aware of the types of damages that you may be able to receive. There are two types that can be recovered, depending on the specific nature of your case. Economic damages are the tangible, quantifiable amounts for expenses paid out after an accident, such as medical bills, lost wages, and any mobility aids or other tools you may need, especially if your injuries leave you temporarily or permanently disabled.
Non-economic damages, by comparison, are the intangible monetary losses that very often require an expert witness to establish in court. Examples include pain and suffering, loss of consortium (loss of familial or marital relationships), and loss of quality of life. Be advised that if you have experienced these damages, be aware that in recent years, Florida courts have thrown out a previous cap on noneconomic damages – your jury award will not be reduced or adjusted simply because the law says it should be.
Call A Tampa Personal Injury Attorney
Being injured due to other people’s negligent or reckless behavior is never easy, but if you have the right legal help on your side, you can prevail in your case. The Tampa personal injury attorneys at the Rinaldo Law Group can help answer any questions you might have about your case. Call us today for a free consultation.