To establish liability in a personal injury claim, it’s essential to prove the other party acted negligently and that their negligence directly caused the injury. This involves understanding legal terminology, knowing what evidence will be compelling, and gathering it. This information must be compiled into a convincing case that either sways the insurance company toward a reasonable settlement or persuades a jury in favor of the plaintiff during a trial.

However, defendants and their insurers have numerous ways to dispute their liability. Often, they’ll claim that someone else was responsible or that the accident didn’t unfold as you described. Many times, they’ll attempt to place the blame on you. As we strive to build a robust case demonstrating the other party’s negligence, we also work hard to ensure you aren’t unfairly blamed for contributing to the accident. We fight for a fair representation of the actual events.

Damages in a personal injury claim include those designed to compensate the victim for their harm. These are split into “economic” and “non-economic” damages. Economic damages can include medical bills, lost wages, and property damage, while non-economic damages might cover pain and suffering, mental anguish, and loss in life quality.

In cases where gross negligence or intentional misconduct is evident, punitive damages might be awarded to punish the defendant and set a precedent for others. Although these damages are harder to secure, our team, led by Josh Frick, is dedicated to pursuing the fullest compensation for our clients.

Insurers often employ tactics to avoid paying the rightful amount. They might offer a swift settlement before you can consult with an attorney or dispute the severity of your injuries.

In Florida, the statute of limitations for most personal injury cases is four years from the date of the injury. However, there are exceptions to this rule. For instance, if the injury case involves medical malpractice, the time limit is typically two years from when the patient either knew or should have known with reasonable diligence that they were injured. It’s essential to file a lawsuit within the appropriate timeframe; otherwise, you may lose your right to pursue compensation.

es, Florida follows a pure comparative negligence rule. This means that if you were partially at fault for the accident that caused your injuries, your compensation would be reduced by the percentage of your fault. For example, if you were 30% at fault and your damages totaled $100,000, you would be eligible to recover $70,000.

 Yes, you can still file a claim if you weren’t wearing a seatbelt. However, Florida’s seatbelt defense allows the defendant to present evidence that your injuries might have been less severe if you had been wearing a seatbelt. If the court finds this to be the case, your compensation might be reduced based on your comparative negligence.

n Florida, you may be entitled to various damages in a personal injury lawsuit, including medical expenses, lost wages, property damage, pain and suffering, and more. If the defendant’s actions were particularly egregious or intentional, you might also be eligible for punitive damages, which are designed to punish the defendant and deter similar behavior in the future.