As you go about working at your workplace, there is always a risk that during the course of carrying out your responsibilities, you might get injured. This is especially true for professions that involve heavy machinery or generally hazardous situations.
As tragic as it is to be injured and temporarily incapacitated due to the negligence of others, it is no reason hope.
If you have been denied the rightful compensation by the employer, with whom the responsibility for your injury lies then you must sue the employer with a personal injury lawsuit.
Some things, however, must be considered while pursuing a personal injury lawsuit in the state of Florida.
Legal Time Limits
Timing of the lawsuit is very important. State laws have laid down a set of rules that govern the time limits regarding lawsuits. These laws differ depending on the state.
If you are considering filing the lawsuit in Boca Raton or in West Palm Beach then you will have fifteen months to bring a lawsuit before a court of law in case of a work related personal injury lawsuit and thirty months in case of a lawsuit that involves a medical practitioner.
The maximum time limit for an adult in Florida to file a lawsuit is 3 years.
Manner of Injury
Another deterministic factor when it comes to personal injury lawsuits is the type of injury in question. Depending on whether it is an injury that leads to permanent disability or if it’s an injury that causes temporary disability.
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.
Establishing a causing.
It is necessary in work injury lawsuits that the cause of the injury must unequivocally point to the employer and the negligence thereof.
This implies that if the cause of injury cannot be proven to be the employer’s fault then the injury lawsuit will not hold up in court.
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:
Malfunctioning machines account for a large number of injuries at the workplace.
If malfunctioning machinery is determined to be the cause of the injury then the employer as well as the manufacturer of the machinery can be held responsible for the injury.
The employer should make use of regular checks and servicing to ensure the machines are safe to use while the manufacturer should have issued a caveat when selling the machine for safety.
In many such cases the victim can choose to sue the employer for compensation for damages caused apart from any compensation scheme in effect at the workplace.
Injury Caused Due to Employer’s Actions
When an employee is injured as a result of direct actions of the employer then the employee can seek compensation and also take other suitable legal action.
If, as a result of exposure to hazardous substances at the workplace, an employee’s health is affected in any way, he has the right to demand health compensation in return for the carelessness of the employer.
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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.