By Osborne & Francis
July 21, 2022

What Do You Need to Know Before Filing a Personal Injury Lawsuit?

If you have been injured due to someone else’s negligence, then you may be able to file suit against them and receive compensation for financial expenses and pain and suffering resulting from the injury. There are several basics, but important, point that you should know about personal injury lawsuits in Florida before you file. If, after considering the following points you decide you will file, or if you don’t know whether or not you should, then it is in your best interest to consult an experienced personal injury attorney. A personal injury attorney will be abreast of Florida’s laws and will be essential to getting you the most substantial compensation for your injury.

How Long Do I Have to File a Personal Injury Lawsuit in Florida?

All states have limitations on how long you have to file a lawsuit. The length of time depends on the type of suit. In Florida you generally have four years to file a personal injury lawsuit, unless it is a medical malpractice case, in which case, you only have two years. The countdown begins when the injury or accident causing the injury takes place, so it is imperative that you have your case evaluated and begin proceedings as soon as possible following the injury.

How is Negligence Proven in a Personal Injury Case?

To have a personal injury case, you have to be able to prove that the at-fault party was negligent – that their action (or inaction) caused you harm. There are three specific conditions that have to be met in order to prove a personal injury case. First, you have to show that the party who caused your injury had a responsibility not to harm you and that he or she breached that responsibility. Second, you have to prove that breaching that responsibility caused your injury. Lastly, you have to show that you have suffered damages and/or financial loss as a result of the injury.

What Are Damages, and What Am I Entitled to?

In a personal injury case, you are able to seek compensation from whoever caused you to have a financial loss, property damage, or any other kind of loss, due to your injury. The legal term for this type of compensation is damages. In a Florida personal injury case, you may be entitled to damages for the following:

  • Medical bills (except for car accidents)*
  • Disability and disfigurement
  • Pain and suffering
  • The repair or replacement of property damaged
  • Lost wages
  • The expense of hiring help to do household task that you are no longer able to do
  • Emotional trauma
  • Other costs that are determined to be caused by your injury

*Because Florida is a no-fault state and it requires every driver to have a Personal Injury Protection (PIP) insurance policy with $10,000 of coverage, medical expenses in a car accident case are paid by the injured party’s own insurer.

Finding an Attorney for Your Florida Personal Injury Case

If you have been injured due to negligence on someone else’s part, it’s important that you find a personal injury lawyer to review your case. Attorney Joe Osborne is an experienced personal injury attorney who is ready to help you with your lawsuit. If you have been the victim of someone else’s negligence, and have sustained injuries from it, call Osborne & Francis today at (561) 293-2600 for a case evaluation.

C. Smith

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“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”

J. Davis

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“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”

Alfred

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Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

T. Andrews

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“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

Erica F.

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"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"

E. Holland

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Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!

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