Our Winter Haven personal injury lawyers help victims pursue a legal action to obtain compensation in the event of injuries or accidents that were resulted from negligence by another. They can file these cases in civil courts or out of court, according to the terms of a settlement.
Personal injury cases can be as wide-ranging as the possibilities for people to be injured. Personal injury cases may include claims for injuries resulting from car accidents medical negligence premises liability (slip-and-falls) as well as product liability, and workplace injuries.
Here at Florida Lawyers 360, our team has years of experience dealing with car accidents, personal injury, and worker compensability cases. For a free consultation contact our Winter Haven personal injury law office if you were injured by an individual’s negligence.
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How Quickly Should You Call a Winter Haven Personal Injury Lawyer?
The simple answer is as fast as is possible. It is critically important if you have been injured in a Florida personal injury lawsuit to take action as quickly as you can. There are many causes. One of them is that an attorney for personal injuries who has the experience will assist you to file a claim as soon as it is possible.
It can take time to gather medical records, collect witness statements, as well as conduct an investigation into the circumstances of the accident. The more time your lawyer must spend on this more time, the better. You must also move quickly because evidence is susceptible to disappearing. If you can get your Winter Haven personal injury lawyer to begin looking for evidence, the better the odds that witnesses or photos or videos are still present and can be kept. It is less likely the longer you put off.
The statute of limitations is something that you shouldn’t think about if your don’t react promptly enough. The Winter Haven personal injury lawyer will be aware of the situation and deadlines important to you and will ensure that deadlines are fulfilled with plenty of time to be left. It’s like having one less burden on your shoulders.
How Is Liability Determined in a Personal Injury Case in Winter Haven?
In order to find the person responsible for the accident liable and to recover damages for your injuries, your Winter Haven personal injury lawyer has to establish the following four elements of negligence:
- Obligation of care: The at-fault party is responsible for ensuring your safety. Driving is one example of this duty.
- Breach of Duty: The responsible party was not upholding the duty of care.
- Cause: Your injury was resulted from your negligence.
- Damages: You suffered damages including financial losses and suffering.
Can I File a Personal Injury Lawsuit?
Personal injuries can be a bit complicated. In certain cases, one party is 100 percent responsible and the other is entirely blamed. However, this isn’t always the case.
In some states, this can cause serious problems for the victims of personal injury, with their claims to compensation denied in court. In North Carolina, for example when even 1% of plaintiff’s faults are found to be at fault the entire claim will be dismissed.
Thankfully, that is not how things are done in Florida. That’s because Florida is one of the 13 states to have adopted a system based on comparative negligence. This means that anyone is able to make a claim against a person even if they are partially responsible for the accident.
This is illustrated well by an example of a car accident was the result of reckless driving . The victim was found to be turning into the direction of the driver who was not using a turn signal. In this instance, the jury may decide that the person who was injured is 10 percent of the blame for the accident which would then assign the other driver 90 percent of the responsibility.
If the jury concludes that the case is worth $100,000, the plaintiff may be awarded $90,000. However the amount he or she receives will be reduced from the amount of damage awarded.
Understanding the Concept of Pure Comparative Negligence
Not just do Florida permits a person that is partially responsible for causing his or her injuries to seek damages in court, but the state also takes it a step farther and lets a person sue even when they are more at fault than the other participant. Florida has a strict relative negligence system that allows individuals to pursue damages even though they’re 100 percent responsible.
It’s important to remember that in these instances the amount a person has the right to recover will be reduced by the extent of blame. This is why it’s best to consult a professional personal injury attorney who is aware of the best way to handle your case.
What’s My Winter Haven Injury Case Worth?
While it’s a query that many people want to know how to answer it, the reality is it’s not possible to answer without hearing the details of your situation. There’s no way to estimate how much an injury case is worth. There are many variables that determine how much you’ll be able to get as a result, and it’s always best to talk to a professional Winter Haven personal injury lawyer for your specific case.
What Damages Can I Claim in a Personal Injury Claim?
Based on the specifics of each case, victims are likely to be awarded one from three different types of damages.
Economic damages refer to things that are tangible and that you are able to add and subtract, clear costs that don’t have enough to debate. Examples of these kinds of damages include hospital bills and doctor’s bills, rehabilitation costs, property damage and time off from work and so on.
Non-economic losses, on the other hand, cannot be determined financially. These include things like pain and suffering as well as reduced earning capacity. It isn’t easy to establish what they are worth and, as a result it’s much more common for the parties in a personal injury lawsuit to dispute the value of these items.
Contrary to the two other types of damages they are not designed to compensate the victim. They are only used to penalize the party at fault in specific cases of the gross negligence or for intentional misconduct.
Is Receiving an Initial Settlement Offer a Good Idea?
Many claims fail to reach a court. Winter Haven Personal Injury Attorneys are adept at working with insurance companies to negotiate fair settlements. This helps save both time and money.
While each case is unique but it’s never recommended to accept any settlement offer. They are usually made knowing that the other side will fight back, and they are almost always in the end, which is leaving room to negotiate upwards. Do not sign up to an offer until you fully comprehend the severity of your injuries. This could result in serious injuries in the event that you settle however later realize that you require medical treatment.
If the settlement is already agreed upon, it can’t be reviewed to reflect these new expenses, you will have to pay the cost on your own. Because of this, it’s essential that you hire an skilled Florida personal injury attorney review your case as well as any settlement offers. Our Winter Haven personal lawyers are experienced and skilled to determine if the offer is fair. They will also help you determine whether or not accepting the offer makes sense.
Are There Deadlines for Filing a Personal Injury Claim in Winter Haven?
Timing, in relation to a personal injury claim in Florida is vital. Because the statute of limitations gives plaintiffs a time limit to bring lawsuits and claims, this is essential. Personal injuries victims in Florida have four years to pursue a lawsuit against a person responsible. But, this may vary according to the specifics of the situation as well as the type of injury suffered. In cases of wrongful death, the family of the victim only has two years to bring a claim. Click here for more information about the time limit for filing a claim.
What Happens If the Statute of Limitations Expires?
Statutes of limitation are serious and exist for reasons that ensure that people are not able to bring lawsuits for years or even decades after the incident which caused the limitation. If you delay filing a claim until after the time limit expires, then your claim will be rejected by the court, no regardless of the strength of an argument you might have. It’s good to know that the law does not demand that you file your claim within the required deadline.
Contact Our Winter Haven Personal Injury Law Firm
If you’ve been injured due to another’s careless or reckless behavior the team at Florida Lawyers 360 is here to help. We are committed to providing outstanding results, personal attention, and an uncompromising commitment to integrity. Contact us at any time throughout the day. Contact us at (786) 249-7999 for your free case review!