Articles Tagged with personal injury lawsuit

One question our West Palm Beach injury attorneys often field from prospective clients is, “How long will my Florida personal injury lawsuit take?” The only accurate way to answer that question is the one people least like to hear: It depends.Florida injury lawsuit

The timing depends on a long list of factors, including:

  • The type of claim (car accident, slip-and-fall, sexual assault, medical malpractice, etc.).
  • The strength of your claim (available evidence you have to prove it).
  • The severity of your injuries and length of recovery time.
  • How many defendants are involved.
  • The defendant’s willingness to settle or resolve to fight.
  • The skill of your civil injury lawyer.

Of course, it may be possible to settle a case for quickly, but it’s important not to do so for an unreasonably low sum. Reaching a fair settlement can take some patience. A trial will inevitably take longer – sometimes years – but that isn’t how most Florida injury claims are resolved. Even those cases that do go to trial often are about either liability or damages, but not both. The more issues that can be resolved prior to trial, the faster the case may conclude.

The statute of limitations on most Florida personal injury claims is four years, per F.S. 95.11. That means you have four years from the cause of action (time you were injured) in which to file your claim. However, if your injury claim involves medical malpractice, you only have two years (except in some rare circumstances). It’s also two years if you are filing a claim for wrongful death.

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Proving that negligence caused an elevator accident injury does not require expert witness testimony, the New Jersey Supreme Court ruled recently – echoing the precedent set by other state courts, including Florida.injury attorney

The ruling is notable for the fact that a requirement of expert witness testimony (as necessitated in medical malpractice litigation) is often an expensive and cumbersome process. Although expert witnesses can undoubtedly be critical in establishing key elements of a personal injury or wrongful death case, a mandate such opinion be required to move beyond the summary judgment phase is a substantial hurdle.

Injuries and particularly deaths caused by malfunctioning elevators are increasingly rare (and on the whole, elevators and escalators are safer than stairs). Relying on a range of government data, the Center for Construction Research and Training and the National Institute for Occupational Safety concluded in 2006 that incidents involving elevators and escalators kill about 30 people and injury roughly 17,000 a year in the U.S. Improved technology – and particularly the cables, electronics and pulley systems – have improved drastically since, as noted in a 2013 report by The Washington Post. Those who install and maintain elevators have the potential to be injured due to falls, electrical shocks, muscles strains and other injuries related to confined spaces, scaffolds, cranes, rigging, hoisting heavy equipment and lock-out/tag-out accidents. The passenger safety profile, however, is much better, with the Consumer Product Safety Commission concluding the fatality rate is 0.00000015 percent per trip. Still, a 2008 study published in the journal Accident Analysis & Prevention concluded after a review of 14 years worth of data, the injury rate was 7.8 per 100,000. Continue reading

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