Our Jacksonville personal injury lawyers assist victims to file a claim for compensation following an accident or injury that was the result of negligence. These lawsuits can be filed in civil courts or outside of court, subject to the terms of the negotiated settlement. Personal injury cases can be as diverse as there are ways for a person to get hurt. Personal injury cases could include claims for car accidents/injury medical malpractice, premises liability (slip-and-falls) as well as products liability, and work injuries.
Here at Jacksonville Lawyers 360, our team is skilled in handling personal injury, and workers compensability cases. If you’ve suffered injuries by the negligence of another Contact our Jacksonville personal injury law firm today for a free consultation.
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When Should You Contact a Jacksonville Personal Injury Lawyer?
The short answer is to act promptly. If you’ve been hurt in the course of a Florida personal injury situation, it is crucial to act fast. The reasons are numerous. The first, the earlier you speak to a skilled personal injury attorney, the quicker the Jacksonville personal injury lawyer can begin assembling all the details required to bring an action.
It takes time to gather medical records, gather witness statements and conduct an investigation into the circumstances of an accident. Your lawyer may need to devote more time. Also, you must move quickly since evidence could easily vanish. Your lawyer should begin investigating at the earliest opportunity to ensure that any witnesses, photos or video clips can be found and preserved. The longer you delay longer, the less likely it is.
The statute of limitations is something you should not be concerned about if you do not take action quickly enough. Your attorney will be competent to track the case and any deadlines. They’ll also make sure that deadlines are completed with enough time. This will take the burden off of your shoulders.
How is Liability Determined in a Jacksonville Personal Injury Case?
In order to in order to hold the accountable party accountable and to recover damages for your injuries, your Jacksonville personal injury lawyer has to prove the four elements of negligence:
- Duty of care: The at-fault person was accountable for ensuring your safety. Driving is an example of this obligation.
- Infraction of Duty: The accountable party did not uphold the obligation of care.
- Cause: The negligence led to your injury.
- Damages: You suffered from damages including financial loss and suffering.
Can I Still File a Personal Injury Lawsuit if I am Partially at Fault?
Personal injuries can be a bit complicated. In certain cases the victim is 100% to blame and the other party is completely to blame. But, this isn’t always the case.
In some states, this may cause serious issues for those who suffer of personal injuries, resulting in the claims of compensation thrown out of court. In North Carolina, for example should just 1% of the plaintiff’s fault is determined, their entire claim is dismissed.
Thankfully, that’s not the way things are conducted in Florida. This is because Florida is one of the 13 states to adopt a system based on comparative negligence. This means that a person can assert a claim against somebody else even if that person is a part of the person responsible for the accident.
This can be illustrated by an example of a car accident was caused by reckless driving . The driver was found to have been turning ahead of the driver with no working turn signal. The jury may decide that the person who was injured is 10 percent responsible for the crash and award 90 percent of the blame to the other driver.
If the jury concludes that the case has a value of $100,000, the plaintiff will be awarded $90,000. However the percentage of the plaintiff will be reduced by the amount awarded to the victim.
How is Pure Comparative Negligence Defined in Florida?
Not just does Florida allow a person who is responsible for some of his or her injuries to sue for damages, however, the state goes one step further and allows people to sue even when they are more responsible than the other person. Florida employs a pure comparative negligence system, which means a person can recover damages even if the other party is 99 percent responsible.
It’s important to remember that in these cases the amount the victim is entitled to will be reduced by his or her degree of negligence. This is the reason it’s important to work with a skilled Jacksonville personal injury lawyer who is aware of how to manage your case.
How Much is My Jacksonville Injury Case Worth?
While it’s a query that many people want to know the answer but the truth is it is impossible to answer before hearing details of your situation. This is because there’s no precise formula for determining what a personal injury case is worth. Many factors go into determining the amount you’ll get therefore the best method is to hire an experienced Jacksonville personal injury lawyer assess the particulars of your case.
What Damages Can I Claim in a Personal Injury Claim?
Based on the circumstances of each situation, victims might be awarded one or more from three different types of damages.
They can be subtracted and added in a way that creates clear, tangible damages. These include medical expenses or doctor’s charges, as well as rehab costs. They also include damage to property, time off from work, as well as other damage.
Non-economic damages, on other hand, cannot be calculated financially. They are a result of pain and suffering and also a decrease in earning potential. They can be challenging to quantify, so it’s common for parties to an injury claim to challenge them.
Punitive damages are not designed to compensate victims, unlike other types of damages. They can only be used to penalize the party at fault in specific cases of reckless negligence or deliberate misconduct.
Should You Accept an Initial Settlement Offer?
The truth is that the majority of claims do not make it to a judge, thanks to skilled Jacksonville Personal Injury Lawyers cooperating together with insurance companies in order to negotiate reasonable settlements on their own cutting down on time and costs associated with court cases.
Although every case is unique but it’s generally an unwise decision to accept a first settlement offer. Settlement offers are generally made knowing that the other party will not accept them and they are usually very low. This makes room to negotiate upwards.
Another issue with rushing to accept an offer early is that you might settle a case before you are aware of the severity of your injuries. A good example of when this can be especially dangerous is if you reach settlement, only to find out later that you require medical attention in the future to deal with your injuries, like surgery.
You’ll be accountable for the cost of the settlement if it has been made. In this regard, it’s essential that you hire an knowledgeable Florida personal injury attorney look over your case as well as any settlement offers. Our Jacksonville personal attorneys have the experience and skill to judge if the offer is fair. They will also help you determine whether accepting the offer is in sense.
What is the Deadline for Filing a Personal Injury Claim in Florida
It is essential to be punctual when submitting personal injury lawsuits in Florida. This is because the statute of limitations is the deadline for plaintiffs to make a claim. In Florida the victims of personal injury have four years from the date of their injury to file a claim against the party who caused the injury.
However, this can vary depending on the circumstances of the case and the kind of injuries involved. In cases of wrongful death the family of the victim will only have two years to bring an action. For more information on the deadlines for filing claims please click here.
What Will happen if the Statute of Limitations Expires?
Statutes of limitation are important and have the reason that people cannot file claims for years, or even decades after the incident that caused the limitation. If you do not file a claim before the statute of limitation has run out, then your claim is denied in court, no regardless of the strength of an argument you might have. Good news is that the law does not demand that you file your claim within the stipulated period.
Contact Our Jacksonville Personal Injury Law Firm
The team of Jacksonville Personal Injury Lawyers at Florida Lawyers 360 can help those who have suffered injuries due to another’s carelessness or negligence. We strive to deliver exceptional results, personal attention, and an uncompromising commitment to integrity. Contact us at any time throughout the day. Contact us today at (786) 249-7999for a free case review!