Stuart Personal Injury Lawyer
When you have sustained a personal injury, as you are recovering from your injury, insurance companies, and claims adjusters are mobilizing to ensure they pay out as little as possible, no matter how badly you are hurt and no matter your emotional state.
That is their job, but it is the job of a Stuart personal injury lawyer to make sure you receive the settlement you deserve. Do not agree to any insurance company settlements without obtaining legal representation.
Types of Injuries
Personal injury is a catchall term for various types of accidents resulting from another party’s negligence. The bottom line is that someone was seriously hurt. While motor vehicle accidents predominate in personal injury cases, they are far from the only cause. Other common types of personal injury include:
- Boating accidents
- Car accidents
- Slip and fall
- Medical malpractice
- Nursing home abuse
- Product liability
Many personal injuries are devastating, resulting in permanent mental or physical disabilities and/or disfigurement. These life-altering injuries which may warrant contact with a personal injury lawyer in Stuart often result in:
- Loss of cognitive function
- Mental impairment
The compensation a plaintiff – the party filing the lawsuit – may receive in a personal injury case is called damages. The plaintiff may be awarded economic and noneconomic damages. Economic damages include:
- Lost income – past and future
- Medical expenses – past and future
- Property replacement value
- Mileage for trips to and from injury-related doctor and pharmacy visits
Noneconomic damages relate to the individual’s disability, quality of life loss, pain and suffering and disfigurement. They are often the largest element of compensation in such cases. Various factors come into play regarding noneconomic damages determination.
Since Florida is a no-fault auto insurance state, plaintiffs injured in motor vehicle accidents must suffer a permanent injury to receive damages for pain and suffering.
Damages for emotional distress are available only for those cases in which the individual was also physically injured. Each case is unique, so the amount of damages received in one personal injury case does not necessarily reflect the amount awarded in other cases. With this in mind, it is important to consult with a Stuart personal injury lawyer to ensure your claim is as strong as possible.
Statute of Limitations
Florida’s statute of limitations for filing a personal injury lawsuit is more liberal than that of many other states. While most states require the filing of such claims within two years of the date of the injury, Florida law gives plaintiffs four years to file suit.
Working With An Attorney
No one involved in a severe accident should try to settle with an insurance company on their own. Not only does the person lack the expertise, but they may not yet realize all the obstacles they will face regarding rehabilitation, employment and medical and other expenses. An attorney does have this knowledge, and will negotiate and fight aggressively for a client’s rights.
A lawyer gathers evidence, obtains medical records and consults expert witnesses. The majority of personal injury cases are settled, however, if the situation warrants a lawsuit, the Stuart personal injury lawyers at Kogan & DiSalvo will take the case to court and litigate aggressively for a fair recovery.
If you or a loved one has suffered a serious injury because of another party’s recklessness or negligence, you need the services of a Stuart personal injury lawyer.