Have you recently been a victim of a personal injury accident in the South Florida area? If so, we can only imagine the pain and suffering that must be going through in the current moment. The truth is that throughout our lives, the risk of suffering an injury incident will be more than apparent because the amount of population that forms part of our neighboring communities, creates an important role in the likelihood of encountering or falling victim to a reckless individual on the road, in commerce, or even in a hospital.
There are several types of personal injury accidents that can occur at any given moment. Due to the unexpectedness of these incidents, it will be very difficult for individuals to be prepared to confront the aftermath of these. When we talk about the “aftermath”, we are referring to any type of physical damage that can prevent you from performing your day-to-day activities. For example, spending time with your family, working, and even practicing your favorite hobbies.
Apart from these physical ramifications, personal injury accidents can also provoke a series of emotional and financial burdens as well. Oftentimes, in order to recover from your injuries, these incidents force you to assume the responsibility of paying exorbitant medical bills. It is important to know that personal injury accidents are often caused by someone else. For example, someone failed to act in a reasonable manner. As a result, they provoked the accident or created a hazard that led to the incident.
We do understand that this situation is very difficult to confront head-on. However, we would like to tell you that there is a solution for your personal injury accident situation. As an injured accident victim, you are entitled to receive monetary compensation for your physical, emotional, and financial damages. This award will help you cover your medical expenses, as well as alleviating your emotional distress.
Knowing this truth might force you to believe that because you are in your right to fight for your compensation, achieving it is a breeze in the park or a piece of cake. . However, that is not the case. Why? this is because if it is proven that the other party is at fault, their insurance representatives will do everything in their power to undermine your claim and offer you an unfair settlement.
Furthermore, you are also required to prove that the incident was not provoked by you. That is why you will need the assistance and representation of an accident attorney. These trained professionals are experts in personal injury law in South Florida. We invite you to keep reading our article so that you can learn about the most common personal injury accidents, how to file an injury lawsuit, and the benefits of hiring a South Florida accident lawyer for your claim.
The Most Common Personal Injury Accidents in the State of Florida
- Motor vehicle accidents may be the most common and lethal incidents that occur around the world. Road traffic accidents can lead to several fractures, injuries in soft tissues, loss of limbs, and death.
Usually, road traffic accidents are caused by distracted driving, speeding, and operating vehicles under the influence of alcohol. Drivers that were performing any of these actions while operating their vehicle and provoked the collision will be found liable for the victim’s injuries.
Florida follows a no-fault car insurance system. This means that after an accident, your own insurance coverage will pay the medical bills and other expenses of anyone covered under the policy, regardless of who produced the crash. However, this policy does not cover non-financial damages like pain and suffering.
- Slip and fall accidents can occur in spaces such as supermarkets, hotels, stores, and banks. Under torts law, these accidents are categorized as premises liability claims. This means that the establishment owner must keep his or her property free of any dangerous conditions that could pose a threat to others.
In order to achieve monetary compensation, slip and fall victims must prove that the property owner knew or should have known that these hazards were present within their premises.
It is important to mention that the law defends any injured individual as long as they were lawfully present on the property. Slip and fall law will deny claims filed by trespassers.
- A medical malpractice occurs when, by an act of omission, a medical care professional injures a patient. In medical malpractice lawsuits in Florida, there are caps on how much in damages the victim can recover. These limits generally apply regardless of how much harm resulted in additional bills and expenses. In a medical malpractice lawsuit in this state, the damages increase against the healthcare provider to $1,000,000 for non-economic damages if the victim died or resulted in a vegetative state.
- Dog bites can result to be quite serious since they are associated with fractures, damage to nerves, and nasty infections.
If the dog bite occurred in a public space, the owner will be held responsible for the victim’s injuries, regardless of the animal’s previous behavior and record. Nonetheless, if the bite occurred in a private space, the owner will be found liable as long as the victim was lawfully on the property.
- Defective products can produce different injuries depending on the type of object and its purpose. In order to identify the culpable party, a court will discuss the theories of product liability and negligence.
Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. While negligence focuses on the actions of the manufacturer, seller, and distributor. Equal to other personal injury claims, it is crucial to prove that the product had a defect that caused an unreasonably dangerous condition.
Florida’s Personal Injury Laws
- Florida’s Statute of Limitations: This law establishes the time limit that personal injury accident victims have to file their claim. In this state, individuals are given four years from the date of the incident to file their lawsuit. If they begin this process after the time passes, the court will surely deny the validity of the case.
- Discovery Rule: This is a branch of the statute of limitations. However, the “clock” starts ticking when the victim discovers their injuries.
- Comparative Negligence Law: Oftentimes, the sued party will state that you caused the accident. This mandate identifies the contribution of each party to the incident. The State of Florida imposes a “pure comparative negligence rule”. This means that you can still recover damages if you were partially culpable. However, your award will be reduced according to your percentage of fault. For example, if you were 20% liable, a $100,000 compensation will be $80,000.
How to File a Personal Injury Lawsuit
- First off, you will need to file the summons and complaint. Throughout the complaint, you will be required to explain the nature of the accident to the court. Additionally, you are required to inform the court about the compensation that you are seeking. At the end of the document, you will be required to sign the complaint.
In the summons, the court will identify the parties involved in the accident. It is also important to inform the other party of the reason why they are being sued.
- Serving the process refers to the delivery of the summons copy and the complaint of the sued party. Service of process must be completed within 30 days after filing these documents with the court. However, if you have difficulties delivering the documents to the other party, the court may grant you time extensions.
- After serving the party at-fault with the documentation, they must respond to your claim. The other party can respond in two different ways.
One option is by filing an answer where they accept or deny your allegations. The second is by filing a “motion to dismiss”. This is a document where the sued party requests the court to dismiss the case.
Benefits of Hiring a Personal Injury Attorney in South Florida
- Attending office meetings and negotiating with your insurer while being injured can be quite overwhelming. You should not worry about this since your accident lawyer can attend these meetings and negotiate with your insurance firm on your behalf.
- Personal injury accidents not only lead to severe bodily pain but can also cause significant emotional distress. These incidents may interfere with your decision making when moving forward with your case. An injury attorney can act as a voice of reason in these difficult times.
- As we mentioned before, insurance companies often undermine victims’ claims and make them low offers that may not cover their expenses. However, your personal injury attorney can correctly calculate your compensation by adding value to your injuries, reviewing your lost income, and accessing your medical reports so they can be added as evidence in your injury claim.
- Several personal injury lawyers work on contingency fees. These fees are a percentage of the victim’s recovered damages. If your case is not settled, your accident lawyer will not cost you.
- Gathering evidence is very important in order to get compensated. For that reason, accident attorneys can grant you access to private detectives who can speak to eyewitnesses, visualize street camera footage, and review your medical reports.
It’s Time to Contact an Accident Lawyer in South Florida
We thank you for taking the time in reading this information. This article was brought to you by the law offices of Scott J. Senft. Scott and his team have represented personal injury accident victims for over two decades! At our law firm, you will find the best expert in personal injury law in South Florida. Do not allow your injuries to take away your well-being. Contact Scott at 954.927.3326 as soon as possible!