While working hard to provide for himself and his family, many a times a worker finds himself in the unfortunate situation of getting injured on the job.
It can be depressing in such scenarios, when you realise that you have been gravely hurt due to the negligent actions of others. But you should not lose hope as you have a right to be compensated for you loss by the parties responsible.
You have the option of filing a lawsuit on the grounds of personal injury. It is advisable however to notify the employer or any other parties responsible for you injury. If they do not agree to pay the compensation that you rightly deserve, then the lawsuit is the right course of action.
But before you pursue the lawsuit, there are some things that would be helpful to know.
A crucial factor in a lawsuit is the timing. The laws related to the timing of a lawsuit are different in different states.
While filing a lawsuit in any city of Florida like Boca Raton or West Palm Beach, you must make sure to file it before 1 year and 3 months from the day of the incident. In case the defendant in the lawsuit is a medical practitioner, then you will have 2 years and 6 months to bring forth the lawsuit.
The maximum time limit for an adult in Florida to file a lawsuit is 3 years.
Type of Injury
One of the vital things to consider while preparing a personal injury lawsuit is the extent of the injury and how much and for how long it will render the victim unable to function at full capacity. Does the law suit involve permanent or temporal disability and is the disability partial or total are the two most essential questions to ask before drafting those lawsuit papers.
These types of disabilities define the scope of the compensation to be granted and should thus be analysed properly and accurately mentioned in the lawsuit.
It is necessary in work injury lawsuits that the cause of the injury must unequivocally point to the employer and the negligence thereof.
In the absence of proof that accomplishes this, compensation for the injury is not likely to be offered by the other party.
The employer is only liable to pay compensation for damages incurred while conducting work related responsibilities. These damages may occur as a result of any of the following reason:
Defects in Machines
Defective machines are one of the most common reasons for work related injuries.
If the machine causes injury to an employee both the employer and the manufacturer can be held responsible.
It is the responsibility of the employer to ensure that all the machines at the workplace are in working order and are safe to use.
In such a scenario the employee can sue the employer or the manufacturer outside Workman’s compensation scheme.
Intentional Injury by Employer
In case an employer intentionally injures an employee then that employee is not only eligible for worker injury compensation but can also pursue other legal action against the employer.
In case an employee is hurt or falls ill as a consequence of inadequate protection from hazardous materials at the workplace, then the employer is liable to pay the employee compensation in proportion to the damages suffered by the employee. Moreover the employee may sue the employer for their negligent behaviour.
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While considering the fair compensation to be paid to the victim, care should be taken to account for all medical bills, loss of pay and damage to relationships of the victim due to the injury.
While filing a personal injury lawsuit in Fort Lauderdale or anywhere else in South Florida, the counsel and representation of an experienced personal injury attorney may prove invaluable. Oftentimes, in order to ensure adequate compensation is delivered to the victim, state funds may be harnesses by the court.