Personal injury is a broad subset of civil litigation which involves an injury to a victim caused by the actions of the defendant. Personal injury law hinges largely on proving the negligence of the defendant. Negligence is proven by showing:
- The actions of the defendant
- The victim’s injury
- Whether the actions of the defendant led to the injury
- Whether the actions of the defendant rose to the same level of what a similarly situated person would have done in the same situation
The legal notion of a personal injury claim is fact-specific and a personal injury attorney is crucial in establishing whether the actions of the negligent party rose to the level of a personal injury claim. Negligence is an important part of any personal injury claim, and the events leading up to the injury must be carefully examined during the claim process.
Personal Injury Claims
A claim may be brought after injuries caused by accidents including but not limited to:
- Car accidents
- Motorcycle accidents
- Medical malpractice
- Work place injuries
- Wrongful death
A victim of an accident which could have been prevented but for the actions of one individual or company is entitled to bring a claim for damages against the negligent party, including non-economic damages and economic damages. Economic damages may include:
- Medical expenses
- Lost wages
- Future earnings
Non-economic damages may include:
- Pain and suffering
- Mental anguish
These damages might be difficult to calculate on your own, which is why a personal injury attorney is critical throughout this process. The statute of limitations period is four years in Florida, although claims involving wrongful death must be brought within two years of the wrongful death. It is important to keep in mind that if you agree to a settlement with an insurance company, you may limit your ability to bring a personal injury claim in the future.
Florida is a pure comparative negligence state, which means that your compensation for damages will be reduced by the percentage a court finds you to be at fault. For example, if you were awarded $10,000, but the court found you to be 25 percent at fault for the accident, you would only receive $7,500 of that. This requires extensive findings of fact by the court. It is important to consult with an attorney as soon as possible after an accident occurs to begin building your personal injury claim.
Rodal Law Firm | South Florida Personal Injury Attorney
If you or a loved one have been injured in a devastating accident, do not hesitate to contact the Rodal Law Firm. Your injuries would not have occurred but for the actions of an individual or a corporation, and it is important to hold these parties responsible for their actions. Our firm has assisted clients in defending their personal injury claims and is comfortable going to court for your rights. Contact our South Florida office today, near Broward County and Miami-Dade County, for your initial free consultation.