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Answers To Common Personal Injury Questions

It is normal to have a lot of questions after being injured in an accident. Below, we have provided answers to some of the more common questions clients ask. After reading, feel free to contact us for answers to any additional questions you may have.

What can I seek compensation for in a personal injury lawsuit?

When you file a personal injury claim against someone who harmed you by acting negligently, you can seek compensation for a number of losses (also called damages). It is common to seek compensation for things like:

  • Medical bills and future medical expenses
  • Lost wages due to time unable to work
  • Reduced earning capacity (if the injury left you disabled and unable to work at the level you once did)
  • Property damage
  • Permanent disfigurement
  • Pain and suffering

The specific damages you seek as well as the dollar amounts will depend on the facts of your case.

Can I still sue someone for a car accident if I was partially at fault?

Yes, you can. Florida recognizes a legal principle known as comparative negligence. This means that both the plaintiff and the defendant may have been partially to blame for the accident that led to the plaintiff’s injuries, and compensation will be adjusted accordingly.

If you were in a car accident caused by a texting driver, for instance, fault for the accident rests largely with the other driver. But you may have been driving inattentively or maybe tried to speed through a yellow light at an intersection, contributing to the accident. If a jury determines you were 20% at fault for the crash and you win your case, your total monetary award will be reduced by 20% (the amount of fault assigned to you).

How long can I wait before filing a lawsuit?

Personal injury legal claims have an expiration date known as the statute of limitations. In Florida, the SOL for most personal injury matters is four years from the date of the accident/injury. That means you must begin the litigation process within that timeframe or risk losing the right to sue.

While you have up to four years to file a lawsuit, you shouldn’t wait this long. The longer you wait, the harder it may be to preserve evidence, witness statements and memories of the event. Plus, you likely need to cover medical bills and other expenses, meaning you’ll want to act quickly.

Can I afford a personal injury lawyer?

Yes, you can! Our firm takes personal injury cases on a contingency basis, meaning that you pay no money upfront, and you don’t pay any attorney fees until and unless we help you recover money. The attorney fees you pay will be a portion of your settlement or jury award (determined and disclosed in advance so that there are no surprises). We also offer free initial consultations, so you risk nothing by contacting us to discuss your legal options.

Get Started With A Free Discussion About Your Case

Cantor & Cantor is based in Fort Myers and serves clients throughout Southwest Florida. To schedule your free initial consultation, call us at 239-494-3164 or fill out our online contact form.