Our Florida personal injury lawyers help victims file a legal claim to get compensation for an injury or accident caused by someone else’s negligence. The cases can be filed in civil courts or out of court depending on the conditions of a settlement. Personal injury cases are able to vary in terms of scope and can be as numerous as it is feasible for someone to be injured. Examples of personal injury cases include the claims of car accidents/injury medical malpractice claims premises liability cases (such as slip-and-falls) as well as product liability claims and workplace injury cases.
Our team at Florida Lawyers 360 is highly proficient in handling cases involving workers’ compensation, car accidents, as well as personal injuries. To schedule a complimentary consultation, call our Winter Garden personal injury law office in the event that you have been injured due to the negligence of another.
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When should you contact a Miami personal injury lawyer?
The quick answer is to act as quickly as you can. If you’re injured in a Florida personal injury situation it is imperative to act quickly. The reasons are many. The first is that a personal injury lawyer who has experience can help you to file your claim as quickly as is possible.
It can take time to collect medical records, collect witnesses’ statements, and conduct an inquiry into the circumstances of an accident. The more time your lawyer needs to complete this task and gather evidence, the more efficient. It is also important to get the job done quickly since evidence has a tendency to disappear. Your lawyer should start looking as soon as possible to ensure that any evidence, witnesses or videos can be identified and preserved. This is less likely the longer you sit.
The statute of limitations is not something to think about if your don’t react swiftly enough. The lawyer will be aware of the situation and any important deadlines and will make sure that the deadlines are met with sufficient room to leave. This takes one less burden off your shoulders.
What is the best way to determine liability in a Personal Injury Case?
Your Miami personal injury attorney must show four areas of negligence in order to hold the person responsible accountable and to seek compensation.
- Duty of care: The responsible party was responsible to ensure your safety. An example is how drivers are required to follow traffic laws.
- Breach of Duty: The responsible person failed to uphold their duty to care.
- Cause: Your injury was caused by your careless behavior.
- Damages: You suffered damages that included financial loss and suffering.
Can I still pursue a law suit even if I’m at fault for my Injury?
Personal injuries can be a bit complicated. In certain cases the victim is 100% to blame and the other party is 100% responsible. But this isn’t always the case.
This could result in serious problems for victims of personal injuries in certain states. They could lose the compensation they are entitled to. For example, in a state such as North Carolina, if a plaintiff is found to be only 1percent accountable for the incident that led to their injuries, the whole claim is thrown out of court.
Thankfully, that’s not the way things are conducted in Florida. It’s because Florida is one of 13 states that have adopted a system of law based on comparative negligence. This means that an individual can make a claim against someone who is not the person at fault, even if the other party is not entirely responsible for the cause of the accident.
This is clearly illustrated by an instance where a car accident was caused by reckless driving and the victim was discovered to be turning ahead of the driver who was not using a turn signal. The jury could determine that the person who was injured is responsible 10 percent for the accident and assign 90 percent of the blame to the other driver. If the jury determines the case to be worth $100,000, the victim would collect $90,000, with his or her share of the responsibility cut off from the ultimate damage award.
Pure Comparative Negligence
Not just does Florida allows a person who is partially responsible for causing their injuries to pursue damages, but the state also goes one step further and allows a person to pursue a lawsuit even if they’re more at fault than the other party. Florida is a pure law of comparative negligence that permits the plaintiff to seek damages even though they’re 99 percent responsible.
It’s important to remember that in these circumstances, the amount the person can recover will be reduced by the extent of fault. It is important to hire a competent personal injury lawyer who is able to take care of your case.
How much will my personal injury claim be worth?
Although it’s a question that many people are keen to find how to answer it but the truth is it’s 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. There are many factors that determine the amount you’ll receive and it’s best to consult an experienced personal injury lawyer about your particular case.
What kind of damages can I seek as a result of a personal injury claim?
There are three kinds of damages which victims can be awarded, based on the circumstances of the case.
These are the things that are tangible and that you are able to add or subtract, and clear expenses that have not enough room for discussion. Examples of these kinds of damages are hospital expenses as well as doctor’s fees, rehab expenses, property damages or time off work and so on.
But, the non-economic damage cannot be quantified financially. They include pain and suffering, as well as a diminished earnings potential. These are things that can be difficult to assess, and it’s common for those involved in an injury claim to contest them.
Punitive damages do not seek to compensate victims, unlike other types of damages. They are used to penalize the responsible party in certain circumstances for gross negligence or intentional misconduct.
Should You Accept the Initial Settlement Offer?
A lot of claims don’t go to a judge. Miami Personal Injury Attorneys are skilled in working with insurance companies to come up with reasonable settlements. This helps save the time and money.
While each case is unique but it’s never an ideal idea to take any settlement offer. Settlement offers are typically made knowing that the other party will not accept them and are almost always very low. This makes room for negotiation up. Don’t accept an offer before you completely understand your injuries. A good example of when this could be particularly risky is if you accept settlement, only to find out later that you require further medical treatment to address your injuries, for instance, surgery.
It is your responsibility to pay the cost of the settlement if it is already reached. This is why it’s vital that you get an knowledgeable Florida personal injury attorney look over your case as well as any settlement offer. Our Miami personal injury lawyers have the expertise and experience to assess whether the settlement offer is fair. They will also help you determine whether or not accepting the offer makes sense.
When is the last day to File a Personal Injury Claim in Florida
It is essential to be punctual when submitting an injury claim in Florida. This is due to the fact that the statute of limitations is a deadline for plaintiffs to bring lawsuits. Personal injuries victims in Florida have four years to pursue a lawsuit against a person responsible. This can be different according to the specifics of the particular case and the nature of the injuries involved. In cases of wrongful death, the victim’s family has only two years to file claims. Click here for more details regarding the statute of limitations.
What Happens If the Statute of Limitations Expires?
Statutes of limitations are vital and can stop people from bringing lawsuits for years or even decadesafter the incident. If you do not file a claim before the statute of limitation is over, your claim will be excluded from court, regardless of regardless of how solid the case you have. The good news is that the statute of limitations will only require that the claim is filed, not that it be filed in the time limit.
Contact us today for more information. Miami Personal Injury Law Firm
The team of Florida Lawyers 360 can help anyone who has been injured due to someone else’s negligence or carelessness. We’re committed to providing superior results, individual attention, and unequivocal integrity. We are available 24 hours a day. Contact us today for a free case review!