What Should I Do After a Car Accident to Protect My Injury Claim?
If you're injured in a car accident due to another driver’s negligence, you have the
right to pursue compensation for your injuries and losses. At Miami Injury Law, P.A., we
specialize in helping accident victims navigate the complex legal process to recover
damages, including medical expenses, lost wages, and pain and suffering.
After a car accident, it’s crucial to gather evidence and take immediate action to
protect your claim. Steps such as photographing the scene, collecting witness
information, and obtaining a police report can strengthen your case. Our team
understands the intricacies of car accident claims and works diligently to prove
negligence and fault.
We aim to resolve cases through negotiation and pre-suit settlements, but if needed, we
are fully prepared to take your case to court. In Florida, proving negligence is key,
and with our deep knowledge of Florida’s comparative fault laws, we will fight to ensure
you get the compensation you deserve.
Florida law also imposes certain requirements for car accident victims, such as seeking
medical attention within 14 days and meeting specific injury thresholds. Our attorneys
are here to guide you through these legal requirements and protect your rights.
With a contingent fee structure, there are no upfront costs to retain our services. We
only
get paid when we recover compensation for you. Let Miami Injury Law, P.A. help you
through
this challenging time and secure the best possible outcome for your case.
Contact us today for a free consultation
and learn how we can assist you with your personal injury
claim.
How Is Fault Determined in a Florida Personal Injury Case?
In Florida, fault in a personal injury case is determined by the level of negligence each
party contributed to the accident. Florida follows a modified comparative
fault system,
meaning your compensation can be reduced based on your percentage of fault. Under recent
2023 tort reform laws, if you are found to be more than 50% at
fault, you will not be
eligible to recover any damages.
This is a significant change from Florida’s previous system, which allowed recovery even
if a plaintiff was mostly at fault. It’s crucial to work with an experienced attorney to
help establish the other party’s liability and minimize your percentage of fault.
What Types of Compensation Can I Recover in a Personal Injury Claim?
If you’ve been injured due to someone else’s negligence, you may be
entitled to several
types of compensation. These include general damages for non-economic
losses like pain
and suffering, special damages for economic losses such as medical
bills and lost wages,
and in some cases, punitive damages to punish particularly reckless
behavior.
However, Florida’s 2023 tort reform laws place stricter limits on punitive damages,
requiring higher proof of recklessness. Working with a knowledgeable attorney ensures
that you pursue all avenues of compensation available to you.
How Long Do I Have to Sue for Personal Injuries in Florida?
In Florida, the time you have to file a personal injury lawsuit is
determined by the
statute of limitations, which sets a legal deadline for taking
action. For most personal injury cases, such as car accidents, slip and falls, or other negligence-based
injuries, you have a specific period within which you must file your lawsuit. Failing to
meet this deadline can prevent you from seeking compensation for medical bills, lost
wages, and other damages related to your injury.
However, different types of personal injury cases may have different statutes of
limitations, so it’s important to consult with an experienced attorney as soon as
possible to ensure your case is filed within the required timeframe. This allows you to
preserve your legal rights and pursue the compensation you
deserve.
