Our Florida personal injury attorneys help victims pursue compensation after an accident or injury that was the result of negligence. These cases can be filed in civil court or outside of court in accordance with the terms of a settlement. Personal injury cases can range as far as the options for a person to get hurt. The most common personal injury cases include injuries from car accidents as well as medical malpractice claims. premises liability claims (such as slip and falls) and product liability cases and workplace injuries cases.
The team of Florida Lawyers 360 is highly experienced in handling issues involving workers’ compensation, automobile accidents, personal injuries as well as car accident. If you’ve been injured due to the negligence of someone else Contact our Lake City personal injury law firm to schedule an initial consultation for free.
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How soon should you get in touch with a Miami Personal Injury Lawyer?
The quick answer is to act immediately. It is vital if you have been injured in a Florida personal injury situation to take action as quickly as you can. The reasons are many. The most important is that an attorney for personal injuries who has the experience will assist you to file a claim as quickly as is possible.
It takes time to compile medical records, get witness statements, as well as investigate what led to the circumstances of the accident. Your lawyer must be patient. It is crucial to get the job done quickly since evidence is prone to disappear. Your lawyer should start looking immediately to ensure the witnesses, photos or videos can be discovered and saved. It is more likely the longer you wait.
The statute of limitations is something that you shouldn’t be concerned about if it isn’t your intention to react promptly enough. Your lawyer will be capable of keeping track of the case and any deadlines. They’ll also ensure that deadlines are completed with enough time. This takes the burden off of your shoulders.
How Is Liability Determined in the case of a personal injury?
Your Miami personal injury lawyer must establish four elements of negligence in order to hold the responsible party accountable and recover compensation.
- Duty of Care: the at-fault party has the obligation to protect themselves from injury. For instance, drivers have a duty to obey traffic laws.
- Breach of Duty: The responsible party was not upholding the obligation of care.
- Causation: Your negligent act resulted in your injury.
- Damages: You have suffered from damages like financial losses and pain.
Do I have the right to bring a suit even if I am partially at fault for the accident?
Personal accident cases can be complex. In some cases, the victim is 100 percent responsible and the other is entirely to blame. However, this isn’t always the case.
In certain states, this may cause serious issues for those who suffer of personal injuries, with their claims to compensation rejected by the court. For example, in a state like North Carolina, if a plaintiff is found to be only 1percent accountable for the incident that led to their injuries, the whole claim will be taken out of court.
Thankfully, that is not how things are done in Florida. This is due to the fact that Florida is one of 13 states that have adopted a system of law based on comparative negligence. This means that anyone is able to assert a claim against another individual even if they’re at least partially responsible for the incident.
An example of this is in the case of an auto accident that was that was caused by an inconsiderate, fast driver, however the victim was found to have turned towards the driver in the absence of a functioning turn signal. The jury could decide that the victim is responsible 10 percent for the incident and delegate 90 percent of the blame to the other driver. If the jury determines the case to be worth $100,000, the plaintiff would be awarded $90,000, and his or her share of the responsibility cut off by the amount of damage awarded.
Pure Comparative Negligence
Not just is it true that Florida allow a person who is responsible for some of his or her injuries to file a lawsuit for damages but the state also takes it a step farther and lets a person sue even when they are more accountable than the other person. Florida is a pure comparative negligence system that allows the plaintiff to seek damages even though they are 100 percent responsible.
It’s crucial to note that in these circumstances the amount that a person can recover will be reduced by his or her degree of blame. It is imperative to employ a competent personal injury lawyer who is able to manage your case.
How much will my personal injury claim worth?
Although it’s a frequent query, it’s not one that can be answered with out getting the details of your particular case. It’s because there isn’t a specific formula to determine what an injury claim is worth. There are many factors that influence the amount you’ll get as a result, and it’s always best to talk to a professional personal injury lawyer about the specific case you have.
What Damages Can I recover in a Personal Injury Claim?
Based on the facts of each case, victims are likely to be awarded one of three types of damages.
These are the things that can be added and subtracted, which is clear, tangible damages. Examples of these types of damages include hospital bills and doctor’s bills, rehabilitation costs, property damage and time off from work etc.
Non-economic losses, on the contrary, aren’t calculated financially. These include suffering and pain, and also a decrease in earning potential. These are things that can be difficult to value so it is common for parties to an injury lawsuit to argue about these things.
Punitive damages do not seek to compensate victims, unlike the other types of damages. They can only be used to penalize the responsible party in specific cases of involuntary or gross negligence.
Do you want to accept the initial settlement offer?
A lot of claims don’t go to a judge. Miami Personal Injury Attorneys are adept at working with insurance companies to reach an equitable settlement. This can save time and money.
Even though every case is unique It is generally a bad idea to take any settlement offer. Settlement offers are generally designed with the understanding that the other side will object and they are usually lower. This allows for negotiation up. Another issue with rushing to accept an offer early is that you may resolve a dispute before you are aware of the severity of your injuries. This can lead to serious injuries when you settle a case however later realize that you require further medical treatment.
The client is responsible for the expenses if the settlement has been made. In this regard, it’s important to have an knowledgeable Florida personal injury attorney evaluate your case as well as any settlement offer. Our Miami personal attorneys have the knowledge and experience to evaluate whether the settlement is fair. They will also help you decide whether accepting the offer is in sense.
What is the time frame to file a personal injury claim in Florida?
It is crucial to be punctual when filing personal injury lawsuits in Florida. This is because the statute of limitation sets the deadline for plaintiffs to bring lawsuits. In Florida those who suffer personal injury are granted four years from the time of the incident to file a claim against the person responsible. The time frame can vary based on the specific circumstances and the type of injury. In cases of wrongful death, the victim’s family has just two years to submit a claim. Click here to learn more on the statute of limitations.
What Happens If the Statute of Limitations Expires?
Statutes of limitations are important and have an reason to ensure that individuals are not able to bring lawsuits for years or even decades later than the incident that caused the limitation. If you hold off until after the statute of limitations expires, then your claim is rejected by the court, no regardless of how solid a case you may have. The good news is that the statute of limitations requires only that your claim is filed, not that it be completed within the time period allotted.
Contact a Florida Personal Injury Law Firm
If you’ve been injured through the negligence of another’s reckless actions, our team at Florida Lawyers 360 is here to assist you. We strive to provide outstanding results, personalized attention, and an uncompromising commitment to integrity. You can reach us anytime throughout the day. Contact us for your free case review!