If you’ve suffered a personal injury in an accident, you may be entitled to financial compensation by filing a personal injury lawsuit. However, not every personal injury case is a good candidate for a lawsuit. In this article, we discuss five things to consider before filing a personal injury lawsuit in Florida.
#1: The Strength of Your Case
Although this may seem obvious, you must have a genuine legal claim for your lawsuit to succeed. And even if you have a legitimate legal claim, the facts and evidence available will ultimately determine the strength of your case.
Often, it can be difficult to determine whether your situation is appropriate for legal action. Fortunately, when you schedule an initial consultation with a Florida personal injury attorney, he or she will evaluate your situation and determine whether your case is a good candidate for a lawsuit.
#2: The Ability of the Defendant to Pay
Even if you file a lawsuit and succeed, you won’t collect any compensation unless the defendant has the ability to pay. Defendants typically pay in one of two ways: through an insurer or with their own assets.
So, when you are considering filing a personal injury lawsuit in Florida, you should attempt to determine the financial condition of the other party. In the case of a large business, this determination is usually easy. When dealing with an individual, however, it can be more difficult.
#3: The Statute of Limitations
Laws that place a time limit on when a party may file a lawsuit are called statutes of limitations. Before filing a lawsuit, you must determine whether you are still within the period allotted by the applicable statute of limitations.
However, you need not conclude the entire case within the statute of limitations. Rather, you are only required to file your lawsuit by this date; the court can then take as much time as is necessary to conclude the case.
#4: The Applicable Jurisdiction
Finally, if you are suing a person or entity from a different state, you must determine the applicable jurisdiction for your lawsuit. If you must file your lawsuit where the defendant is located, this may make suing more expensive and less convenient for you.
#5: Your Ability to Hire a Contact a Pensacola Lawyer
Although hiring an attorney can be expensive, at Staples, Ellis + Associates, P.A., we handle our personal injury cases on a contingency fee basis, meaning that unless we win your case, you pay us nothing. The experienced attorneys at Staples, Ellis + Associates provide aggressive legal representation to accident victims throughout Northwest Florida. When you come to us for help with your personal injury case, we will do everything we can to ensure that you obtain full compensation for your injuries. Please contact us today to schedule a free consultation.
Posted in: Personal Injury