Our Miami personal injury lawyers can help victims file a claim for compensation following an accident or injury caused by negligence. They can file these cases in civil court or outside of court subject to the terms of a negotiated settlement. Personal injury cases can range in scope as many ways that it’s possible for someone to be hurt. Personal injury cases can include claims for car accidents/injury medical malpractice, premises liability (slip-and-falls) or products liability, and work injuries.
The team of Miami Lawyers 360 is highly skilled in handling workers’ compensation, automobile accident, personal injury, and car accidents. If you were hurt due to another’s negligence, contact our Miami personal injury law firm to schedule free consultation.
How soon should you get in touch with an attorney in Miami Personal Injury Lawyer?
The simple answer is as fast as you can. If you’re injured in the course of a Florida personal injury lawsuit it is imperative to act fast. There are numerous reasons. The most important is that an injury lawyer who is knowledgeable can help to file your claim as soon as it is possible.
It takes time to assemble medical records, gather witnesses’ statements, and investigate what led to the circumstances of the incident. Your lawyer may need to take more time. It is also important to move fast since evidence could easily vanish. The earlier your lawyer is able to begin looking for evidence, the better the odds that witnesses or images or videos are around and can still be kept. The longer you delay longer, the less likely it is.
Also, the sooner you contact a personal injury attorney as soon as possible, the faster you will be able to quit worrying about the statute of limitation. Your attorney will be able to keep track of your case , and any deadlines. They’ll also ensure that deadlines are met in enough time. It’s like having one less burden on your shoulders.
What are the responsibilities in a Personal Injuries case?
In order to find the person responsible for the accident liable and to recover damages for your injuries, your Miami personal injury lawyer has to establish the following four elements of negligence:
Duty of Care: This is when the party at fault has an obligation to safeguard you from harm. Driving is an example of this duty.
Breach of Duty: The accountable party failed to uphold the duty of care.
Causation: The negligent behavior caused your injury.
Damages: You suffered damages such as financial loss and suffering.
Do I have the right to start a lawsuit even though I’m partly at fault for the accident?
Personal accident cases can be complex. In some instances it is the case that one party is 100 100% at fault and the other is entirely at fault. However, that isn’t always the case.
In some states, this can present serious issues for those who suffer of personal injury, with their claims to compensation dismissed from court. For example, in a state such as North Carolina, if a plaintiff is found to be only one percent responsible for the incident that caused their injuries, their whole claim will be taken out of the court.
Thankfully, that is not how things are run in Florida. Florida is among the 13 states that have adopted a law that relies on the concept of comparative negligence. This means that an individual can assert a claim against somebody in the event that the other person is responsible for part of the incident.
A good illustration of this is in the case of an automobile accident that is caused by a reckless, fast driver, but where the victim was found to be turning in front of the driver with no working turn signal. The jury could determine that the victim is 10 percent accountable for the accident and assign 90 percent to the driver who caused the accident. If it is determined by the jury to be worth $100,000, the plaintiff will collect $90,000, with his or her portion of the responsibility cut off by the total damage award.
Pure Comparative Negligence
Florida permits someone who is partially at fault for their injuries to sue the state for damages. However the state goes a step further by allowing individuals to sue even if they’re at fault more than the other. Florida has a pure comparative negligence system that allows the plaintiff to seek damages even if they are 100% at fault.
Be aware that the amount the victim can receive in these instances is dependent on the degree of their fault. It is essential to find a competent personal injury lawyer who is able to manage your case.
How much will my personal injury case worth?
Although it is a common query, it’s not one that can be answered by knowing the specifics of your situation. This is due to the fact that there’s no precise formula for determining what an injury claim is worth. There are many variables that affect the amount you’ll get as a result, and it’s always best to consult an experienced personal injury lawyer to discuss the specific case you have.
What Damages can I claim in a personal Injury Claim?
There are three kinds of damages that victims may be awarded based on circumstances of the case.
Economic damages include tangible things, things that you can add or subtract, and clear expenses that have not enough room for discussion. Examples of these types of losses include hospital charges as well as doctor’s fees, rehab expenses, property damages or time off work etc.
Non-economic losses, on the other hand, cannot be calculated financially. These are things like pain and suffering as well as reduced earning capacity. It is difficult to determine what they are worth which is why it’s much more frequent for those involved in a personal injury lawsuit to fight over these issues.
Punitive damages are not designed to compensate victimslike other damages. They can only be used to penalize the person at fault in certain circumstances for involuntary or gross negligence.
Should You Accept the Settlement Offer?
Many claims do not get to a judge. Miami Personal Injury Attorneys are adept at working with insurance companies to come up with an equitable settlement. This saves time and money.
While every case is unique It is generally not a good idea to accept anyone’s first settlement offer. Settlement offers are generally created with the expectation that the other party will not accept them and are almost always lower. This makes room for negotiation to increase. You should not accept an offer before you completely know the extent of your injuries. This can lead to serious injuries when you settle a case and then discover that you need future medical attention.
You will be responsible for the costs if the settlement has already been reached. It is essential to speak with an experienced Florida personal injury attorney to look over your case and discuss any settlement offers. Our Miami personal attorneys have the skill and experience to assess whether the settlement offer is reasonable and assist you in making an informed decision as to whether accepting the offer is the best sense for you.
What is the Deadline to File a Personal Injury Claim in Florida
When it comes to personal injury claims in Florida is crucial. This is due to the fact that the statute of limitations is the time frame for plaintiffs to file lawsuits. In Florida those who suffer personal injury have four years after the date of the injury to file a claim against the responsible party. But, this may vary according to the specifics of the situation and the nature of the injuries involved. In the event of wrongful deaths, the family of the victim has two years to file a claim. Click here for more details about the time limit for filing a claim.
What happens if the Statute of Limitations Expires?
Statutes of limitation are significant and are in place for the reason that people cannot file claims for years, or even decades later than the incident that caused the limitation. Your claim could be barred from the court if you wait after the statute has expired. The good news is that the statute does not require you file your claim within the stipulated date.
Contact us for more information. Miami Personal Injury Law Firm
The team of Miami Lawyers 360 Miami Lawyers 360 can help anyone who has been hurt by someone else’s carelessness or negligence. We are committed to providing exceptional results, personal attention, and the highest level of honesty. We are available 24 hours a day. For a complimentary case review, contact us!