Whether you have been in a car accident, hurt at work, in an altercation, or suffered a dog bite, your injury can lead to a number of related expenses that affect your financial health and overall quality of life.
Filing a personal injury claim allows you recourse to cover some of these expenses and regain, at least in part, your quality of life. Our team of Fort Lauderdale personal injury attorneys can help you learn how to file a claim, understand what type of compensation you may be entitled to, and explain Florida state law for personal injury suits.
Getting Compensated For A Personal Injury In Fort Lauderdale
The first step to filing a personal injury claim and get compensated for it is to contact an attorney right away. Florin|Roebig attorneys will begin by investigating the details of your claim.
Following an accident, it’s important to explore all the details, otherwise, you may miss out on some types of compensation.
When you begin working with your Fort Lauderdale personal injury attorney, they will look over any and all expenses and contributing factors to your claim, including:
- medical bills
- payment receipts
- other documentation of expenses
- documentation/medical history of your injuries
- damages caused by the accident
A close examination of the accident and damages caused by it will help the attorney to identify any and all losses. It will also help them determine who will be included on your claim as a defendant.
Once the personal injury claim is filed, negotiations can begin for the best possible arrangement. If an agreement can’t be reached, your personal injury attorney can help you pursue it in court and take it to trial if necessary.
There is no easy way to determine how each case will proceed, but having an experienced, dedicated personal injury attorney throughout the process helps ensure you will get maximum compensation in the end.
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How A Personal Injury Attorney Can Help With Your Claim
A personal injury attorney can greatly affect the outcome of your case. First, an experienced attorney will be able to closely review your case to determine the types of damages you can pursue, which affects the compensation you can receive.
Once negotiations begin, it’s important to have a personal injury attorney who is willing to go head-to-head with insurance companies. Any time an insurance provider is involved in a suit, they will attempt to protect their own interests by offering the least amount of compensation.
For many people, filing a claim is a way to directly cover expensive medical bills and personal expenses related to their accident. Settling for a low amount means they won’t get the full compensation they deserve based on their losses. A personal injury attorney in Fort Lauderdale should work to find an agreement that awards you the compensation you deserve for your injuries.
If your claim ends up in court, your attorney will need to defend it to get you the maximum compensation. This means gathering evidence to prove negligence on behalf of the other party.
Once negligence is proven, the outcome will simply be determining the amount of damages you should be awarded based on your injury and its effects on your life. A personal injury attorney can help every step of the way.
What Evidence Will Your Personal Injury Attorney Need To Prove Negligence?
Negligence is central to personal injury cases. For most claims, your attorney must prove that the opposing party was negligent in order for you to receive compensation from the accident.
Consideration of negligence in Florida is based on a concept known as comparative negligence. This concept holds that if you were partially responsible (at fault) for your accident, you may still receive compensation, but the amount will be reduced.
Evidence you need to prove negligence for a personal injury claim in Florida may include:
- the opposing party had a reasonable duty to keep you and others safe
- their failure to uphold that duty caused the accident
- the accident led to your injuries
- you suffered financially due to your injuries and/or the accident
List Of Common Personal Injury Accidents In Fort Lauderdale
Personal injuries range from physical harm to your body to impact on your mental health and emotional anguish. Accidents in Fort Lauderdale can lead to injuries which affect you in both the short- and long-term.
When pursuing damages for your claim, your attorney will review any direct injuries, which means any harm you suffered which cost you financially, as well as the ways the injury may have impacted your life. For example, if an injury caused you to be out of work for months for recovery, you likely have home and personal expenses which were affected as a result.
No matter which injuries you sustained in an accident, a personal injury attorney can help you determine the total cost caused by the accident and pursue damages to cover that cost.
A list of common personal injury accidents in Fort Lauderdale include:
- auto accidents
- boating accidents
- commercial trucking accidents
- incidents caused at work
- motorcycle accidents
- slips and falls
- swimming pool accidents
Types Of Damages Awarded For Personal Injuries
The type and amount of damages you may win for a personal injury claim in Fort Lauderdale depends on your type of accident and the injuries sustained from it, as well as the total cost to your life caused by those injuries.
Damages awarded in personal injury suits are categorized as compensatory, general, and punitive. The majority of personal injury damages awarded in Florida are compensatory, or those that compensate you for your losses caused by an accident.
Compensatory damages awarded are meant to cover losses for:
- medical care
- hospital stays
- time spent in ICU
- rehabilitative care
- home healthcare
- cost of an ambulance ride
- emergency care
- lost wages or lost income
- living expenses
- property replacement
- property repair
General damages are meant to provide coverage for ways in which the person’s life will be affected long-term due to the accident. A general damage award attempts to atone for the loss a person may experience for which there is no monetary value.
Determining general damages is complex because each injury is unique and affects one person differently from the next. Courts have methods for calculating a monetary value which represents the effect on a person’s life caused by an injury.
General damages which may be awarded in Florida include:
- future medical expenses
- future lost wages
- loss of enjoyment of life
- loss of consortium (relationships)
- loss of opportunity
- pain and suffering
Punitive damages are intended to punish the negligent party for their misconduct and disregard for the safety of others. However, punitive damages are rarely awarded in Florida. When awarded, a cap is placed on how much compensation a person can receive.
Florida’s Statute On Personal Injury
When filing a claim, it is helpful to understand Florida’s statute of limitations on personal injury. After your accident, you may be trying to decide whether to file a claim and wondering if it’s necessary to file right away.
For most personal injuries in Florida, you have up to four years to file a claim. However, each individual case is different. Even if you don’t plan to file right away and want some time to think things over, you may want to speak to a personal injury attorney.
An attorney can review your individual claim and explain your deadline for filing based on your accident and injuries. Certain incidents have extremely rigid deadlines. It is best to understand how much time you have to file a claim so you are better equipped to decide if you want to file.
Contact A Personal Injury Attorney In Fort Lauderdale
The best way to ensure you receive compensation for a personal injury is to contact an attorney with experience handling these types of cases as soon as possible.
The legal team at Florin|Roebig can help you hold the negligent party accountable for your injury. We will assist you in pursuing the best possible outcome for your claim. Contact us today for a consultation.