Accidents that result in serious injuries can leave you and your family reeling. Not just from the physical pain, procedures, and on-going medical attention you may require, but also financially and emotionally. An accident is traumatic for all parties involved and can be all-consuming.
Thinking about what legal action you can take to hold the wrongdoer accountable may be the last thing on your mind. Given the complicated nature of civil lawsuits, you may want to seek the counsel of an Lake Wales personal injury lawyer. The assistance of an experienced attorney could put you in a much better position to negotiate with insurance companies or file a personal injury case seeking compensation for your losses.
Legal Viability of Personal Injury Claims
Sometimes, accidents do not give rise to legal liability. While plaintiffs may be able to negotiate for a small insurance settlement, one or more legal hurdles may stand in the way to filing a lawsuit in Florida state court.
The basis for a personal injury case is that the victim was physically hurt, sought, and obtained professional medical attention for their injuries. Without proof that a person incurred medical expenses, the plaintiff cannot proceed.
Usually, negligence or some version thereof is the legal theory upon which personal injury cases function off of. Under this cause of action, the plaintiff must prove by a preponderance of the evidence each of the four elements.
Recoverable Losses in Lake Wales Personal Injury Cases
The final element of a negligence claim for personal injury are the recoverable losses, which a personal injury law firm in Lake Wales could help a victim seek.
Because personal injury cases arise from accidents, more often than not involving severe injuries, one of the main categories of damages a plaintiff can seek are those related to medical costs incurred as a result of the accident. These include:
- Emergency medical treatment
- Diagnostic tests
- Hospital stays
- Physical and other rehabilitative therapy
Medical expenses include forward-looking ones, or those that are likely necessary to cover future care as a result of the accident. Additionally, the income an injured person has been unable to collect due to the inability to work is recoverable.
Similarly, a plaintiff can ask for forward-looking lost income and diminished work capacity damages. A lawyer asks the jury for a certain amount, calculated by the extent and severity of the plaintiff’s injuries with their age, occupation, and transferability of skills.
Florida recognizes that non-economic damages, or those that are not so easily quantified, are important to injured plaintiffs. As of 2017, the state’s highest court found that limitations on damages were unconstitutional. Thus, Lake Wales personal injury attorneys can help victims seek pain and suffering damages for:
- Depression, anxiety, post-traumatic stress disorder
- Disability or disfigurement
- Loss of ability to enjoy a normal life
- In some cases, loss of parental or filial care, comfort, companionship, and support
- In some cases, loss of services, consortium, and society
Speak with a Lake Wales Personal Injury Attorney
Pursuing legal action can be frustrating for unrepresented victims without legal system experience. A plaintiff could succumb to a little-known pitfall or lose a claim as the opposing party takes advantage of their unfamiliarity.
With professional counsel, an injured person could rest assured that a zealous Lake Wales personal injury lawyer is standing up for their rights and interests. Get in touch with an attorney today to discuss your case.