Florida, with its unbeatable weather and endless coastline, has attracted more than 19 million residents, not to mention the millions of visitors each year. With all these people moving about and interacting throughout the state, there are bound to be accidents that cause injury. Many times these accidents are due to someone’s negligence and could have been avoided. In these situations, injury victims have the right to seek compensation and an experienced personal injury lawyer can help them get what they deserve.
A law firm specializing in personal injury cases will have the expertise to get compensation for damages, which typically come in form of money. To win a personal injury case in Florida, you must show that the other person was negligent. This means you need to demonstrate that they did something wrong and ended up causing you harm.
Read on to find out more about a Florida personal injury claim:
Negligence in a Personal Injury Case
Negligence is a failure to exercise reasonable care. According to Florida law, the defendant in personal injury claims must have owed a duty of due diligence towards the person injured and should have been aware that what they did or did not do posed an increased risk for others in general.
Negligence is the foundation of most legal cases seeking damages, such as personal injury and medical malpractice. In Florida, you can find negligence law under Chapter 768 of the Florida statutes, which is found in laws with similar definitions across all states in the United States. To prove that the defendant committed a tort against the injured party, the plaintiff must show that each of the elements of negligence truly occurred.
No-Fault Laws and Liability in Florida
The purpose of a no-fault policy is to provide medical care for those involved in car accidents, but it does not prevent the at-fault party from being accused or the injured party from suing if they incurred serious personal injury.
The Florida personal injury laws define serious injuries as bodily harm that causes significant and permanent scarring or disfigurement. This includes any physical trauma which has caused a wrongful death, too. You should contact a seasoned personal injury lawyer as soon as possible if you think that an accident qualifies you for compensation under any of these descriptions.
Statutes of Limitation in Florida
The Florida statute of limitations for personal injury cases is four years from the date that an accident occurred. If you don’t file your suit within this window, it will likely be refused by the courts and ignored altogether!
In some personal injury cases, the injured party may find out they’ve been wrongfully hurt months after their incident. In such cases, with proper documentation, the personal injury lawsuit windows may be extended.
However, note that the deadline set by the law is very important for your position in negotiations with the defendant and their insurance company.
Why Should I Hire Miami Personal Injury Attorneys?
Dealing with a car accident or other situation that caused injury can be hard on your mental and physical health. It can be overwhelming to have to take on a legal case on top of everything else. That’s why it is a good idea to find someone who can help you with the case. Miami personal injury lawyers will know how to file your personal injury case, gather evidence, present your claim, and make sure you get the compensation you deserve.
Having a Miami personal injury lawyer on your side can make all the difference when it comes to getting justice and filing an effective suit. An experienced personal injury attorney will be skilled at navigating through Florida’s legal system; they know what procedures need to be followed to protect their clients’ interests.
Contact Kaire & Heffernan
One of the top law firms in Miami, Kaire & Heffernan, LLC offers personal injury representation to ensure that you are compensated for your injuries promptly. The legal team at our personal injury law firm will fight diligently for you. Our personal injury attorneys have over 30 years of experience and a proven track record of success. We’re ready to take on your case and do everything in our power to get you the outcome you desire. Contact us online or call us at 305-376-7860 for a free consultation.