Can You Seek Compensation For Your Accident Related Injuries?
Being involved in an accident is something that has a tremendous impact on your life - and not for the better. Each year, millions are wounded due to an accident and while the majority of these will thankfully be minor, some are much more serious.
If you've been involved in an accident, your physical health is only one aspect of your recovery. You also need to be able to manage your finances - and the high costs of medical care combined with lost wages if you miss work because of your injuries it's often very difficult to make that full recovery.
If your accident was caused by the actions of someone else, there's a good chance that you can seek financial compensation for your injuries. This isn't always the case, but with the help of a personal accident attorney in Florida, you may be able to file a personal injury claim and get the restitution that you need.
Of course, the first step is simply figuring out whether or not you have the ability to do so. As such, it's worth taking a closer look at what factors mean that you can seek compensation. Here's a look at what you need to consider.
- Under Florida law, you must be able to show that the other party is at fault for your injuries. This generally means showing that they acted in a negligent or reckless manner and that those actions contributed to the accident. For example, in an auto accident this could include things like speeding, texting while driving, or driving while intoxicated. This can be much more complex in premises liability cases, which are harder to prove fault in.
- It's also important to understand that minor injuries may not allow for a settlement. Minor cuts or scrapes that require no real medical care or that haven't caused you to miss work won't normally be awarded settlements. In short, if you haven't been seriously impacted physically, mentally, and financially, seeking compensation is more difficult.
- Have you waited weeks or months before seeking help? Doing so greatly reduces your chances of receiving compensation since it is harder to link your injuries to the accident that caused them. Because of this, seeking medical care immediately after an accident and then finding a personal injury attorney is important. The faster you act, the better your chances of getting a settlement of some kind.
- Finally, have you already accepted some form of settlement? Often, the initial settlement that is offered is far lower than it should be, and it's very common to end up still struggling financially. But if you've already accepted a settlement, you'll have little recourse beyond that. As such, you'll be unable to pursue further settlement offers.
Brian O. Sutter has been Board Certified in Florida Workers’ Compensation since 1990 and re-certified in 1995, 2000, 2005, 2010 and 2015.