When you've been injured by someone else's carelessness, it's important to take some steps to help make sure your claim is settled fairly and quickly:

• Write down everything you remember about the accident or injury, such when and where it happened; the names, addresses and phone numbers of witnesses, police officers and insurance company representatives (or company or workers' compensation representatives if it was a work-related injury)
• Talk to a Florida personal injury lawyer before making any statements, written or verbal, to insurance company adjusters or representatives
• Let anyone you think may be responsible for the injury know right away that you intend to file a claim against them
• Gather and keep evidence, such as photographs of your car, and the accident or injury scene; clothing; damaged personal belongings; etc.

How Do I Figure Out Who Is at Fault?

In most cases, you must prove the person who caused the injury was negligent. That is, he didn't use reasonable care. In Florida, you must prove:

• The person who caused your injury owed you a duty
• The other person broke or breached that duty
• You suffered damages
• The other person's failure caused your injury

Under Florida's contributory negligence law, if your carelessness or negligence helped cause your injury, the amount you may recover is reduced by your degree of fault. In other words, you may still recover damages for your injury even if you were most at fault.

Florida doesn't follow a joint and several liability rule where every person at fault for your injury may be made to pay all of your damages. Rather, it follows a comparative negligence rule. Each party pays a portion of your damages according to their percentages of fault.

If you've been injured by a consumer product, the manufacturer or seller may be responsible under strict liability. Generally, it makes some people responsible for damages caused by their products, regardless of their "fault." Under Florida law, you need to prove:

• The person or company selling the product had an absolute duty to make the product safe, but didn't live up to that duty
• The dangerousness of the product caused your injury
• You suffered damages

What Is My Claim Worth?

In Florida, the person who injured you is responsible for:

• Past, current and future estimated medical expenses
• Time lost from work, including time spent going to medical appointments or therapy
• Any property that was damaged, such as your vehicle
• The cost of hiring someone to do household chores when you couldn't do them
• Any permanent disfigurement or disability
• Your emotional distress, including anxiety, depression, and any interference with your family relationships
• Any other costs that are a direct result of your injury

In Florida, there's no cap or limit on the amount of economic damages you may recover. These include lost income, medical expenses, and other damages. However, noneconomic damages are capped. These include pain and suffering, emotional distress, and disfigurement. The caps depend on the nature of your injury and who caused them:

• The cap may be $500,000 or $1 million if the person at fault is a practitioner, such as a doctor or dentist
• If a non-practitioner caused your injury, the cap may be $750,000 or $1.5 million

In some cases you may need an expert to explain your injuries and why you're entitled to certain damages. This is very common in medical malpractice cases. A lawyer will know what type of expert witness to hire to best prove your damages.

How Long Do I Have to File a Legal Claim?

In most Florida personal injury cases, you have four years to file a lawsuit against a person who injured you. If your lawyer hasn't been able to come to an agreement with any involved insurance companies or defendants, you definitely want to file a lawsuit before the four-year statute of limitations runs out.

Questions for Your Attorney

• Can I still file a lawsuit if I accepted a settlement offer from the other person's insurance company before I contacted you?
• The insurance company seems to be taking me and my injuries seriously. Why do I need to hire a lawyer?
• Is the other person's insurance company entitled to look at my medical records without my permission? Should I let it have access to my records?

Related Resources on Lawyers.com^sm

- Contact a Personal Injury Lawyer in your area for specific legal advice, and read Personal Injury: Selecting a Good Lawyer
- Need a form? Access hundreds of Personal Legal Forms, including a Medical Records Request
- Read Businesses May Be Protected from Injury Lawsuits and FAQ: Suing after Injury, or access more Personal Injury Law articles and information
- Legal Dictionary
- Visit the Legal Forums for discussions on Personal Injury Law topics