A plaintiff in a Florida personal injury lawsuit will have to hire a personal injury attorney to file their complaint against the defendant. The law allows the victim to sue the defendant, their insurance provider and any others who were involved in the event of the accident. If the plaintiff is unable to get their lawsuit resolved within one year, they have the right to file for a settlement. In most cases the settlement is much less than what they would have won through court. But if they win the lawsuit and get compensation that is more than what they can reasonably afford on their own, they have no choice but to file for bankruptcy.
Physical Therapy Lawsuit
Unfortunately, there are many persons who do not know what the statue of limitations in a lawsuit is for. There are many persons who believe they have Statute of Limitations problems even though the statute of limitations is twelve years.
This is untrue. The only Statute of Limitations that applies to Florida is the inclusive one of “the exclusive remedy.” This means that the plaintiff is only entitled to collect no-fault benefits if the lawsuit is filed within one year of the date of the negligent act or conduct occurred.
When the plaintiff files the lawsuit, they must also document all medical bills related to the injury.
This includes all x-rays, prescriptions, doctor visits, hospital stays, rehabilitation payments, and other forms of care the plaintiff received during the time of the injury. When filing for an injury claim, the plaintiff is required to attach a copy of their ID to the medical bill. Once this is completed, it is the responsibility of the insurance company to retain the documentation.
They are also required to obtain proof of the injury and destruction of records relevant to the claim. Failure to obtain the necessary documentation could result in a denial of benefits for the claimant.
When the plaintiff returns to the doctor after one year of the accident and the doctor determines the injury was indeed due to negligence on the part of the defendant, it is important to attach the signed release from the defendant.
This release states that the individual will not bring legal action against the therapist. However, should the plaintiff not be able to successfully connect the events of the event with the injury resulting in the surgery, the treating physician is required to attach the signed release once again. The court will enforce this release when it is presented at the final trial.
At the end of the year, it is often necessary to pay for the medical expenses that were not covered by insurance.
Recovering from medical expenses for those who have been severely injured can be quite complicated, so it is important to retain the services of an experienced attorney who has experience winning compensatory and punitive damages cases. Attorneys who have worked successfully in malpractice cases know how to fight for the right compensation for their clients. It is also important to note that medical expenses, rehabilitation and lost wages are never recoverable. The only exception is in the case of extreme and catastrophic injuries.
A district court must be chosen in the case of a qualified plaintiff. In many instances, defendants will choose the court system instead of settling out of court. If a settlement cannot be reached, both sides are obligated to go to court.
