Americans file millions of personal injury cases every year.
But what constitutes a personal injury lawsuit? When can you hold someone else responsible for the damages you suffered after getting an injury?
If you’re asking yourself this question, we’ve put together this guide to help walk you through the process. Make sure you keep reading below to learn when (and how) to sue for an injury against another person in Florida.
When Can You Sue for an Injury?
The most common types of personal injury lawsuits involve car accidents, dog attacks, or slip and fall accidents. If you were injured because of any of those circumstances, you can sue the person who’s responsible for your injuries.
But those aren’t the only times you can sue.
You can file a personal injury lawsuit for any type of injury. As long as you have the evidence and the ability to prove your injury was the fault of someone else, you can build a case against them.
How Does the Suing Process Work in Florida?
When you sue someone over a personal injury, you have to be able to prove that person was somehow negligent and, therefore, responsible for your injuries.
You are the person making the claim, so you are the one who has to prove these things. That means you have to gather all the evidence yourself. Unless you hire a lawyer, there isn’t anyone who will help you through the process.
Keep in mind, if your case goes to court, you’ll have to convince the judge that the other person is “more likely than not” at fault. This can be helpful to remember as you’re putting your evidence together.
However, your case likely won’t end up in court. Most personal injury claims are settled before they go that far.
The Different Types of Evidence You’ll Need
Gathering evidence is one of the most important parts of your personal injury claim. There are several different things you can use for this evidence, including the following:
Police Report
A police report will record everything that happened when you got the injury. If you were involved in a car accident or a dog attack, make sure you call the police even if you feel fine at the moment.
Not all personal injury cases will involve a police report, though. This is especially true if you didn’t realize you were injured at first.
Incident Report
If you tripped and fell in a public area, such as a restaurant or store, they can fill out an incident report that states exactly what happened and why. If you aren’t able to get a police report after an injury, you should do your best to get an incident report instead.
Medical Records
After you sustain your injury, the first thing you should do is to get medical attention. Your health should be your top priority.
You can then use your medical records to show the extent of your injuries.
Pictures
Do your best to take pictures of the scene of the accident right away.
For example, if you were in a car accident, take pictures of the scene, the damage to your car, and your injuries. If you were involved in a slip and fall, take a picture of where you tripped and why it is a hazard.
These pictures can help you prove the extent of the damages later. After all, no one can argue with photo evidence.
Witnesses
Was there anyone who saw what happened during the accident? Don’t hesitate to ask them for their contact information. You can then get in touch with these people later to get a witness statement.
These witnesses can help confirm your story and prove what you’re saying happened is the truth.
Other Important Documents
If you have any other documents that describe what caused your injury or what type of damages you suffered because of it, you should keep them on hand. These can include documents that show how many hours of work you missed, how much income you lost, etc.
Do You Need to Talk to a Lawyer?
It depends.
If you want to file a personal injury claim, it’s a good idea to talk to a lawyer. They can help you gather evidence and reach a settlement with the other party. They can also let you know if you have a solid case and, if you do, help you act before the statute of limitations is up.
That said, you don’t have to hire a lawyer.
If your case is simple and straightforward, you may be able to get through it on your own. In most cases, though, you probably won’t want to risk going it alone. Otherwise, you might make costly mistakes or lack the experience to win your case.
Learning How to Initiate an Injury Lawsuit in Florida
If you sustained an injury because of a car accident, a slip and fall, a dog attack, or another similar circumstance, you can hold the other party responsible for your damages. But to do this, you’ll have to file an injury lawsuit.
Don’t let the process overwhelm you though. With the right help, you can get through your lawsuit without unnecessary stress or hassle.
Just let us handle the hard work for you.
If you live in the state of Florida, we can give you the representation you deserve. Don’t hesitate to get in touch with us today for a free consultation.
