Many people wonder when they can file a personal injury claim or lawsuit. As long as certain conditions are met, this could be a reasonable legal option. Negligence and damages are the two most important factors to consider. Depending on what happened, you could be eligible for significant compensation. All you have to do is discuss your case with a Tampa personal injury attorney who can figure out the next steps.
Types of Personal Injury Claims
There are three types of personal injury claims to choose from. The type of claim you choose depends on the incident that caused the injuries involved. How the injuries were caused, and the circumstances all make a difference in which type of claim is filed.
The three types of personal injury claims are negligence claims, intentional wrong claims, and strict liability claims. Negligence claims involve things like car accidents because they involve careless or reckless actions. This includes carelessness that leads to a failure to act to prevent harm.
Other examples of negligence claims include medical malpractice, workplace accidents, and construction accidents. What these all require proving is how another person’s actions or failures to act resulted in harm to someone else. This might mean making an error, not following precautions, or taking dangerous risks.
Intentional wrong claims involve intended actions that resulted in harm to another person. This ranges from assaulting someone to committing battery or false imprisonment. Inflicting emotional distress may also count in some cases.
Strict liability claims mostly apply to defective products that result in injuries. When a manufacturing company fails to design a product that is safe for public consumption, this is grounds for a lawsuit. Sometimes the mistake is made in the product design. Other defects might occur during mass production or marketing.
How to File a Personal Injury Claim
The most important personal injury claim step to take is to identify and prove negligence. Once you know the intentional or negligent action that caused your damages, you can proceed with proving this action. This might be the hardest part.
Evidence needed to prove negligence varies depending on the situation. Some cases may require surveillance footage while other cases might be proven with product blueprints revealing a defect. You will also need to collect evidence to prove the damages you suffered. Medical records, police reports, photos of damages, and witness statements are all helpful.
Causation and a breach of duty must also be proven. Try contacting a Tampa accident lawyer to figure out how to prove these different factors. A lawyer can help you defend your claim.
Tampa Personal Injury Lawyer
Filing a personal injury claim can come with stressful complications depending on the circumstances. Feel free to contact the Rebein Law Firm by dialing (813) 305-7285 to speak with a Florida accident attorney for a free consultation today. Our team of lawyers might be able to help you obtain additional compensation for ongoing medical bills, pain and suffering, and lost earning capacity. We can be found throughout the Florida cities of Tampa, Hillsborough, Pinellas, Sarasota, Manatee, Pasco, and Polk County.