Our Melbourne personal injury lawyers help victims file a claim to obtain compensation in the event of an injury or accident that was caused by the negligence of someone else. The cases can be filed in civil courts or out of court subject to the terms of a negotiated settlement. Personal injury cases can range as far as there are ways for an individual to be injured. Examples of personal injury cases are car accident/injury claims, medical malpractice claims, premises liability claims (such as slip-and-falls) products liability cases, and workplace injury cases.
At Miami Lawyers 360, our team is skilled in handling personal injury and workers’ compensation cases. To get a no-cost consultation, contact our Melbourne personal injury law firm in case you’ve been hurt by an individual’s negligence.
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When should you contact an attorney in Melbourne Personal Injury Lawyer?
The short answer is as soon as possible. It is crucial that if you’ve been hurt in a Melbourne personal injury case to act swiftly. There are many reasons. In the first place, the faster you speak to an experienced personal injury lawyer, the quicker the lawyer will begin to gather all the details required to bring a claim.
It takes time to collect medical records, get witness statements, and conduct an investigation into the causes of the accident. The lawyer you hire will have to spend more time. Also, it is important to act quickly since evidence could easily vanish. The quicker your lawyer can start investigating, the greater the chance that witnesses, images, or videos are in circulation and could be saved. It’s less likely the longer you wait.
The statute of limitations is something you shouldn’t be concerned about if it isn’t your intention to take action swiftly enough. Your lawyer will be in a position to monitor your case and any deadlines. They’ll also make sure that deadlines are completed with sufficient time. It becomes one less weight on your shoulders.
What is the responsibility in a Personal Injuries Case?
To hold the responsible party liable and receive compensation in the event of an injury, your Melbourne personal injury lawyer must show the four elements of negligence:
- The obligation of care: The at-fault person was accountable to protect you. For instance, drivers have a duty to obey traffic laws.
- Infraction of Duty: The responsible person did not uphold their obligation to take care.
- Cause: Your injury was caused by your careless behavior.
- Damages: You sustained damages such as financial loss and suffering.
Do I have the right to pursue a lawsuit even if I’m at least partially at fault in my accident?
Personal injury cases can be complicated. In some cases, there is a situation where one party is 100 percent responsible and the other is 100% responsible. But this isn’t always the case.
This can lead to serious issues for people who suffer from personal injuries in some states. They may lose their claims for compensation. For instance, in a location such as North Carolina, if a plaintiff is found to be only 1percent accountable for the accident that caused their injuries, their whole claim will be dismissed out of court.
Florida is a distinct state. Florida is one of 13 states which have a system that relies on the concept of comparative negligence. This means that an individual is allowed to assert a claim against somebody who is not the person at fault, even if the other party is partially responsible for causing the incident.
A great illustration is in the case of a car accident caused by a reckless, fast driver, but the victim was found to be turning towards the driver with no working turn signal. In this scenario, the jury could decide that the victim was responsible for 10 percent of the damage. of the blame for the accident, assigning the other driver 90 percent of the responsibility. If the jury determines the case has a value of $100,000, the plaintiff could receive $90,000. However, the amount he or she receives is reduced by the amount of damage awarded.
Pure Comparative Negligence
Florida allows those who are partially at fault for the injuries to seek damages from the state. However, the state goes a step further by allowing someone to sue even though they’re more responsible than another. Florida is a pure law of comparative negligence that permits individuals to pursue damages even if they’re 99 percent responsible.
Keep in mind that the amount that the victim can receive in these instances is dependent on the degree of their fault. It is for this reason that it is best to work with a skilled personal injury lawyer who understands the best way to handle your case.
How Much Will My Personal Injury Claim be worth?
Although it’s a frequent question, it is not one that can be answered without hearing the details of your situation. It is impossible to know what an individual injury claim is worth. A variety of factors affect how much you can receive The best option is to get an experienced personal injury lawyer to evaluate the details of your case.
What Damages Can I Recover in a Personal Injury Claim?
There are three kinds of damages that victims could be awarded based on the situation.
Economic damages are tangible things items that you can add and subtract, clear expenses that leave much room to argue about. Examples of these kinds of damages include hospital bills and doctor’s bills, rehabilitation expenses, property damages and time off from work and so on.
Non-economic damages, on other hand, can’t be calculated financially. These include things such as pain and lower earning capacity. They can be challenging to quantify, so it’s common for parties to the personal injury case to challenge these things.
Contrary to the two other types of damages, however, punitive damages aren’t designed to pay the victim. They are only utilized in certain situations to penalize the responsible party for gross incompetence or deliberate misconduct.
Do you want to accept the initial settlement offer?
Many claims do not go to a judge. Melbourne personal injury attorneys are experienced in working with insurance companies to negotiate acceptable settlements. This will save you time and money.
Even though every case is unique, it is almost always an unwise decision to accept anyone’s first settlement offer. Settlement offers are typically prepared with the knowledge that the opposing party will not accept them and are generally low. There is room for negotiation to increase. Another drawback to accepting an offer too soon is that you could resolve a dispute before you understand the extent of your injuries. This can result in serious injuries when you settle a case and later discover that you require medical treatment.
If the settlement has already been reached, it cannot be revised to accommodate these new expenses, you are left to pay the expense on your own. This is why it’s essential that you hire an experienced Florida personal injury attorney to evaluate your case as well as any settlement offers. Our Melbourne personal injury lawyers will have the expertise and knowledge to judge whether the settlement offer is reasonable and assist you in making an informed choice about accepting the offer is the most sense for you.
When is the last day to make a claim for personal injury in Florida?
It is crucial to file on time when filing a personal injury case in Florida. Since the statute of limitations allows plaintiffs to have a certain time to bring lawsuits, this is crucial. Personally injured victims in Florida have four years to start a lawsuit against the responsible party. This may change based on the circumstances and type of injury. In cases of wrongful death that involve the family members of the victim is given two years to file a claim. Click here for more details about the statute of limitations.
What will happen if the Statute of Limitations expires?
Statutes of limitation are essential and exist for a reason to ensure that individuals cannot file claims for years or even decades after the incident which caused the limitation. The claim you file will be barred from the court if you wait until the statute has run out. The positive side is that the statute of limitations will only require that the claim is filed, not that it be complete within the time limit.
Contact Our Melbourne Personal Injury Lawyers
If you’ve been injured through the negligence of another’s reckless actions Our team at Miami Lawyers 360 is here to help. We’re dedicated to providing exceptional results, personal attention, and unequivocal integrity. We are available any time. Reach us for a complimentary case review!