Our Sunrise personal injury lawyers can help victims file claims for compensation following an injury or accident that was caused due to negligence. These cases can be filed in civil court or outside of court, subject to the terms of a settlement. Personal injury cases may vary in all manners as it is possible to be hurt. Personal injury cases can include cases involving car accidents/injuries medical malpractice, premises liability (slip-and-falls) as well as products liability, and work injuries.
Here at Miami Lawyers 360, our team has experience in dealing with car accidents, personal injury, and worker’ compensation cases. If you’ve suffered injuries due to the negligence of someone else call our Miami personal injury law firm to schedule an initial consultation for free.
Table of Contents
How soon should you get in touch with a Miami Personal Injury Lawyer?
The simple answer is to take action promptly. It is essential that if you’ve been hurt in a Florida personal injury situation to act quickly. There are many reasons. First, the sooner you speak to a skilled personal injury attorney, the sooner the lawyer can begin assembling the evidence needed to make an action.
It takes time to gather medical records, get witnesses’ statements and conduct an investigation into the circumstances of an accident. The longer your lawyer needs to complete this task and gather evidence, the more effective. It is also important to move fast since evidence could easily vanish. Lawyers should begin searching as soon as possible to make sure that any witnesses, photos, or videos can be identified and preserved. It is less likely the longer you put off.
The statute of limitations is something you should not be concerned about if it isn’t your intention to react swiftly enough. The lawyer will be aware of the situation and any important deadlines and will ensure that these deadlines are all fulfilled with plenty of time to leave. It’s like having one less burden on your shoulders.
What is the liability in a Personal Injuries case?
Your Miami personal injury lawyer has to demonstrate four elements of negligence to hold the party responsible accountable and seek compensation.
- Duty of Care: This is when the person at fault had the responsibility of protecting you from injury. For instance, drivers are required to follow traffic laws.
- Breach of Duty: The accountable party failed to uphold the duty of care.
- Cause: Your injury was caused by your careless behavior.
- Damages: You suffered from damages including financial loss and suffering.
- Can I still pursue a law suit if I’m Partially at Fault for the Injury I suffered?
Personal injury cases can be complicated. In some cases, one party is 100 percent responsible and the other party is 100% responsible. However, this isn’t always the case.
In some states, this may cause grave problems for those suffering of personal injuries, with the claims of compensation dismissed from court. In North Carolina, for example when even 1% of plaintiff’s fault is discovered that they are at fault, the whole claim is dismissed.
Thankfully, this isn’t the case in Florida. Florida is one of 13 states that have adopted a law that relies on relative negligence. This means that anyone can file a lawsuit against another individual even if they’re at least partially responsible for the incident.
This is clearly illustrated by an example in which a vehicle accident was the result of reckless driving . The driver was discovered to be driving ahead of the driver without a functioning turn signal. The jury could decide that the victim is 10 percent responsible for the incident and delegate 90 percent to the other driver. If the jury decides that the case is worth $100,000, the plaintiff will receive $90,000. However, his or her share will be reduced from the final damage award.
Pure Comparative Negligence
Not just is it true that Florida permits a person that is partially responsible for causing injuries to file a lawsuit for damages but the state also goes one step further and allows people to sue even if they are more responsible than the other party. Florida uses a system of pure comparative negligence, which means a person can recover damages even if he or she is 99 percent at fault.
It’s crucial to note that in these cases, the amount the person can recover will be reduced based on the amount of fault. This is why it’s best to hire a seasoned personal injury attorney who knows the best way to handle your case.
How much will my personal injury case worth?
Although it’s a question that many people want to know the answer however, the truth is it is impossible to answer before hearing details of your case. It’s because there isn’t a precise formula for determining what a personal injury case is worth. There are many variables that influence the amount you’ll receive, so it is best to talk to a professional personal injury lawyer to discuss your particular case.
What Damages can I Recover in a Personal Injury Claim?
There are three kinds of damages that victims can be awarded based on the specifics of the situation.
These are things that are able to be subtracted or added in a way that creates clear tangible damages. They include medical bills, doctor’s bills and rehab expenses. They also include damage to property, time off from work, and other damage.
However, non-economic damages can’t be measured financially. They comprise pain and suffering as well as a diminished earnings potential. It is difficult to establish the value of these items and, as a result, it is far more frequent for those involved in a personal injury claim to debate the value of these items.
In contrast to the two previous types of damages, punitive damages are not meant to pay the victim. They are only utilized in certain situations to penalize the responsible party for gross carelessness or intentional conduct.
Should You Accept the Settlement Offer?
Many claims do not get to a judge. Miami Personal Injury Attorneys have the expertise to work with insurance companies to reach fair settlements. This saves time and money.
Although every case is unique but it’s generally a bad idea to accept anyone’s first settlement offer. The majority of settlement offers are created with the expectation that the other side will be able to counter, and they are almost always low as a result, giving room for negotiation upwards. Another problem with jumping to accept an offer too early is that you might resolve a dispute before you are aware of the severity of your injuries. One way this can be very dangerous is when you settle the settlement only to discover that you need medical treatment in the future to deal with your injuries, like surgery.
You will be responsible for the cost of the settlement if it is already made. It is essential to seek out an skilled Florida personal injury lawyer who will review your case and discuss any settlement offers. Our Miami personal injury lawyers have the expertise and experience to evaluate whether the settlement is fair. They can also assist you decide whether accepting the offer makes sense.
What is the Deadline to file a Personal Injury Claim in Florida?
When it comes to personal injury claims in Florida is vital. Because the statute of limitation allows plaintiffs to have a certain time to start lawsuits and claims, this is essential. In Florida those who suffer personal injury are granted four years from the date of injury to file a lawsuit against the party who caused the injury. It can vary depending on the nature and circumstances of injury. In cases of wrongful death families of the victim will only have two years to file a claim. Find out more about the statute of limitations.
What will happen if what happens if the Statute of Limitations expires?
Limitations statutes are important as they prevent people from bringing lawsuits for years or decadesafter the incident. If you delay filing a claim until after the statute of limitation has expired, then your claim will be barred from court, no matter how strong of your case. The good news is that the statute does not require you file your claim within the specified date.
Get in touch with our Miami Personal Injury Law Firm.
The team at Miami Lawyers 360 can help anyone who has been hurt by someone else’s recklessness or negligence. We’re dedicated to providing exceptional results, personal attention, and unequivocal integrity. Contact us at any time 24/7. For a complimentary case review, contact us!