The Statute of Limitations if generally 4 years and you would have a claim against the government known as sovereign immunity. Given it has been quite some time, adjusters for the City or County will look upon your case with scrutiny if you haven't made a claim before now. You should speak to a personal injury lawyer. Compensation in these cases depend an the amount and consistency of your treatment, the amount of injury you have and prognosis of recovery as determined mostly by your doctor.
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You should gather any documentation, including police report and medical records, and contact an attorney to discuss your claim.
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You need to contact a lawyer ASAP. SOL issues, sovereign immunity, proper statutory notice, lots of hot bed issues and sounds like you don't have time to wait and play around with it. Hopefully it was in the end of 2009, giving you a few months to get it sorted out.
This is a negligence claim; so you'd better hurry. Negligence claims in Florida have a 4 year statute of limitations; and claims against municipalities (cops) require formal notice and a waiting period before you can file suit. If you haven't already put the government on notice, then your case might already be barred from ever being able to file suit. I wonder whether your notice requirement could be satisfied if another claimant had already put the government on notice. Hopefully another lawyer can comment on that for us.
Now, as for value of your case... Personal injury case values are the sum of your allowable damages. There are economic damages like lost wages, diminished future earnings capacity, past and future medical expenses, and other related money that this has cost you or is reasonably expected to cost you in the future. Then there are the non-economic intangible damages like pain & suffering, mental anguish (e.g. fear of reinjury, depression, anxiety, etc.), scarring, and loss of capacity for the enjoyment of life. These damages all have past (meaning "so far") and reasonably expected future components.
In trial, we try our best to itemize these damages so the jurors can total them up on the verdict form.
Dennis Phillips is an attorney and financial planner based in South Florida. He is a member of the Florida bar, he holds the nation-wide Series 65 Investment Advisor license, and holds an insurance license in Florida and Virginia. Disclaimer: The response above is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, would significantly alter the above response.
ForYou may have statute of limitations, notice issues and other legal issues that need to be addressed immediately.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com. Contact an attorney today to arrange an appointment.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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