Our Palm City personal injury lawyer assist victims to pursue legal action to get compensation for an accident or injury that was caused by the negligence of someone else. The case can be heard in civil court proceedings or out of court as part of a settlement. Personal injury cases may vary in the same manner as possible for someone to be hurt. Examples of personal injury cases include injury claims arising from car accidents and car accidents, medical malpractice claims, premises liability claims (such as slip and falls), product liability cases, and workplace injury cases.
At Miami Lawyers 360, our team has years of experience handling personal injury, and Workers’ Compensation cases. To schedule a complimentary consultation, call our Palm City personal injury law firm when you’ve been injured by the negligence of another.
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When should you contact a Palm City Personal Injury Lawyer?
The most straightforward answer is to contact us as soon as is possible. It is vital if you have been injured in a Florida personal injury lawsuit to take action quickly. There are a variety of reasons. In the first place, the faster you reach out to a skilled personal injury attorney, the sooner the lawyer can begin gathering the evidence needed to take action.
It takes time to collect medical records, gather witness statements, as well as to conduct an investigation into the circumstances of the incident. The longer your lawyer needs to complete this task the more time you have. Also, it is important to act quickly since evidence could easily vanish. If you can get your lawyer to start looking, the greater chances that witnesses or images or videos are in circulation and could be saved. The longer you wait longer, the less likely it is.
Also, the sooner you speak to an attorney who handles personal injury cases at the earliest possible time, you’ll be able to put aside the issue of the statute of limitations. Your lawyer will then be aware of the situation and any important deadlines and will make sure that the deadlines are met with sufficient room to spare. It is a light burden on your shoulders.
What are the responsibilities in a Personal Injury Case?
In order to hold the responsible party liable and to recover damages for your injuries, your Palm City personal injury lawyer has to demonstrate the following four elements of negligence:
- The obligation of care: The responsible person is accountable to ensure your safety. An example is how drivers have a duty to obey traffic laws.
- Infraction of Duty: The accountable person didn’t uphold their duty of care.
- Causation: The careless behavior caused your injury.
- Damages: You have suffered from damages like financial losses and suffering.
Do I have the right to bring a suit even if I’m partially responsible for the injury I suffered?
When it comes to personal injury cases There are certain occasions where one person is 100% at fault and the other is totally faultless. But, this isn’t always the case.
In some states, this could cause severe problems for victims of personal injuries, with the claims of compensation rejected by the court. For instance, in a location like North Carolina, if a plaintiff is found to be only one percent at fault for the accident that led to their injuries, their entire claim will be thrown out of court.
Florida is a state that is distinct from the others. Florida is one of 13 states which have adopted a system that is based on the concept of 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 can be illustrated by an example in which a vehicle accident was caused by reckless driving. The driver was discovered to be turning ahead of the driver, but without a working turn signal. The jury may decide that the person who was injured is 10 percent responsible for the accident and assign 90 percent to the other driver. If the jury determines that the case has a value of $100,000, the plaintiff will receive $90,000. However, his or her share will be reduced by the final damage award.
Pure Comparative Negligence
Not only can Florida permits a person that is partly responsible for his or her injuries to pursue damages, however, but the state also takes it a step further and allows a person to claim a case even if they’re more responsible than the other participant. Florida has a system of pure comparative negligence, which means an individual can claim damages even though he or they is 99 percent at fault.
Keep in mind that the amount that a person can recover in these instances will be affected by the extent of their responsibility. It is for this reason that it is best to hire a seasoned personal injury attorney who understands how to manage your case.
What’s My Personal Injury Case Worth?
Although it’s a typical query, it’s not one that can be answered without having a thorough understanding of your particular case. This is because there’s no specific formula to determine what an injury claim is worth. There are many variables that determine the amount you’ll receive, so it is best to speak with a seasoned personal injury lawyer to discuss your particular case.
What Damages Can I Claim in a Personal Injury Claim?
There are three types of damages that victims could be awarded based on the specifics of the situation.
These are items that can be added and subtracted and are clear, tangible damages. They include medical bills or doctor’s charges, as well as rehab costs. They also include the cost of property damage, time off from work, and other damage.
Non-economic losses, on the contrary, can’t be determined financially. These are damages that are a result of pain and suffering as well as a diminished earning potential. It is difficult to figure out what these things are worth which is why it’s frequent for those involved in a personal injury case to debate the value of these items.
Punitive damages are not designed to compensate victims, as do other kinds of damages. They can only be used to penalize the person at fault in specific cases of reckless negligence or deliberate misconduct.
Should You Accept the Initial Settlement Offer?
Many claims fail to reach a court. Palm City Personal Injury Attorneys have the expertise to work with insurance companies to negotiate acceptable settlements. This will save you time and money.
While every case is unique, it is almost always an unwise decision to take a settlement offer. These settlements are typically created with the expectation that the other side will push back and the offers are typically very low, leaving room to negotiate upwards. Another issue with rushing to accept an offer too early is that you may settle a case prior to the time you understand the extent of your injuries. This could result in serious injuries if you accept a settlement but later find that you need future medical attention.
If the settlement has already been reached, it will not be reopened in order to take into account the new costs, and you will be liable for the costs by yourself. It is crucial to consult a skilled Florida personal injury lawyer to evaluate the case and then discuss settlement options. Our Palm City personal attorneys are able to assess whether the offer is fair and assist you in making an informed decision as to whether accepting the offer is in the best sense for you.
What is the Deadline to File a Personal Injury Claim in Florida?
Timing, in relation to personal injury claims in Florida, is vital. This is because the statute of limitations sets the deadline for plaintiffs to make a claim. In Florida, individuals who suffer from personal injuries have four years from the date of their injury to file a lawsuit against the party responsible. This can be different depending on the circumstances of the case as well as the type of injuries involved. For cases of wrongful deaths, the victim’s family has just two years to submit claims. Find out more about the time limit for filing a claim.
What will happen if the Statute of Limitations expires?
Limitations statutes are important and stop people from filing claims for years, or even years, after the event. If you wait until after the statute of limitations expires, then your claim will be excluded from court, regardless of the strength of your case. It’s good to know that the statute does not require you to submit your case within the prescribed time.
Contact Our Palm City Personal Injury Law Firm
The team of Miami Lawyers 360 can help you if you have been injured by another person’s inattention or recklessness. We’re dedicated to providing exceptional results, personal attention, and unequivocal honesty. We are accessible 24/7. For a free case evaluation, contact us!