Receiving compensation due to personal injury can be complicated for a variety of factors. The laws differ greatly by state, and since the ability to file a lawsuit is dependent on the severity of the injuries, where the fault lies for the injury, and whether the fault lies within the differing definitions of negligence, it is imperative to seek professional help if you have been injured in a car accident or some other incident.
Negligence Defined
In any personal injury claim, one of the major factors is the level of negligence involved in the incident. The details can differ by state, but your lawyer must be able to prove that your injuries occurred as a direct result of someone else failing to reasonably uphold the law. For example, a person who runs through a red light and hits you on a clear day with no other factors inhibiting their ability to stop may be liable for your injuries. However, if they were driving carefully but skidded on a patch of ice and hit you as a result, they may not be held liable.
Fault vs. No-Fault States
The most common reasons for filing a personal injury lawsuit stem from automobile accidents. When this occurs and an injury results, it is important to understand whether your state is a fault state. This means that the person who caused the accident is responsible for paying your medical bills. By contrast, a no-fault state means that the injured party’s insurance company is responsible for paying for injuries, regardless of who was at fault. Florida is an example of a no-fault state, so if you are seeking compensation after a car accident, it is important to gain the professional help of a Parrish FL personal injury lawyer in order to ensure you receive the compensation to which you are entitled.
Exceptions to No-Fault Compensation
While Florida is an example of a no-fault state, there are exceptions to the rule. The most common exceptions occur in car accidents that result in permanent injuries or death. Included in permanent injuries can be scarring, disfigurement, and loss of a body part or bodily function. These exceptions would need to be proven in court, so it is vital to seek the help of a professional if you feel your injury meets these qualifications.
Recovering from injuries due to accidents and/or negligence is never easy, both physically and mentally. Working with a professional to ensure your medical and living expenses are covered as you recover can make a difficult situation much easier.