You should pursue a personal injury claim if another party is liable for your injuries, there is still time remaining in the statute of limitations, and you have suffered serious injuries that require compensation.
Start working on your case right away, but do not rush to file it. If you file a personal injury lawsuit too soon, you might underestimate your total damages. We can ensure your case is filed within the 2-year statute of limitations when our attorneys handle your case. We can help you navigate the entire recovery process, whether your case settles without a trial or goes to court.
Call the Graves Injury Law Firm at (305) 614-2767 for a free case analysis from our personal injury lawyers.
When Should You Pursue a Personal Injury Claim in West Palm Beach?
Our attorneys can review your case to see if it is worth pursuing compensation from a personal injury claim in West Palm Beach.
Another Party Injured You
You can pursue a personal injury claim if someone else was negligent and injured you. Negligence can create liability when it causes injuries, meaning you may not have to cover the cost of medical bills or other damages yourself. In addition to other people, negligent parties can include institutions and companies.
It is not always clear whether someone else is at fault for a victim’s injuries, and our personal injury lawyers can investigate your recent accident further to determine if we can hold another party liable for your economic and non-economic damages.
Unexpired Statute of Limitations
You can pursue a personal injury claim in Florida any time before the statute of limitations expires. The expiration date is typically 2 years from the date of injury. The statute of limitations is tolled in some instances, such as when the victim is injured as a minor or discovers their injuries at a later date.
We can confirm the filing deadline for your case and make sure you meet it.
Severe Injuries
You should pursue a personal injury claim after suffering severe injuries that make you incur costly damages. Because Florida is a no-fault state for car accidents, victims must sustain “serious” injuries before they can sue. Serious injuries which include significant and permanent loss of an important bodily function, significant and permanent scarring or disfigurement, other permanent injuries, and death.
The serious injury threshold applies only to auto accidents in West Palm Beach, not slip and falls or other causes of personal injury.
Future Damages
If you expect to incur future damages long after your case ends, you should seriously consider pursuing a personal injury lawsuit. You may need more medical procedures and treatments over the years, or you might never be able to return to work and earn a meaningful income. Personal injury plaintiffs can seek future damages in their lawsuits, so they never have to shoulder the financial burden of an injury caused by negligence.
Extreme Pain and Suffering
All too often, victims downplay their pain and suffering, unaware that they can be highly compensated for non-economic damages. While more serious injuries often mean greater pain and suffering, victims can also get non-economic damages for the trauma they endured during the accident itself, regardless of their injuries. Many factors are considered when assessing non-economic damages, including the victim’s age, changes in their quality of life, and the overall psychological impact.
How Soon Should You Pursue a Personal Injury Case After an Accident?
You should not rush the filing of your personal injury case after an accident, but you also should not delay your case for too long. We can start working on your case right away and help you time the filing.
If you file a personal injury claim too quickly, you might underestimate your damages. You might also not know the full extent of your injuries and how they will affect you moving forward if you file too soon after sustaining injuries.
However, if you file a personal injury claim too late, you might miss the statute of limitations. If this happens, you lose your right to recovery and cannot get any compensation for your injuries.
FAQs About Personal Injury Claims
How Do You Initiate a Personal Injury Case?
We can initiate your personal injury lawsuit by submitting an official complaint petition with the court. In the complaint, we will identify the defendant, explain their liability, and request a specific amount in compensation.
How Long Can a Personal Injury Claim Take?
Personal injury claims can take any amount of time to complete. More simple cases might resolve within a few weeks or months, while complex cases with disputed liability might take several years.
What Happens if a Personal Injury Case Settles?
If your case settles, you will sign a settlement agreement and receive either a lump sum payment or structured payments, depending on the details of the settlement agreement. You cannot change your mind once you have signed a settlement, so take your time deciding.
What Happens if a Personal Injury Case Does Not Settle?
If your case does not settle, it will go to trial. Trials for personal injury claims are uncommon, but they are possible when defendants refuse to offer adequate settlements outside the courtroom.
Does Florida Cap Damages in Personal Injury Cases?
Florida does not impose statutory caps on compensatory damages for personal injuries, though insurance policy limits might affect how much you can recover if the defendant is not independently wealthy.
Does Florida Allow Punitive Damages in Personal Injury Cases?
Florida restricts when punitive damages are allowed, limiting them to cases involving intentional misconduct or gross negligence by a defendant. Punitive damages are not common in personal injury claims, as most are brought for ordinary negligence.
Get Help from Our Injury Lawyers in West Palm Beach
Call our personal injury lawyers at (305) 614-2767 for a free case discussion with the Graves Injury Law Firm.
