If you suffered an injury in an accident, whether it was a car accident or a slip and fall accident, then you will need to determine who is liable in the State of Florida. Liability refers to the person who is responsible for the accident that led to injuring another person.
Proving liability is an essential part of securing compensation following an accident. However, it can be difficult to prove liability without having a personal injury lawyer on your side. A personal injury lawyer will be able to explain your legal rights and guide you through that legal system in the State of Florida.
We value an honest attorney-client relationship above anything else, and we will provide you with the legal advice that you need to make the right decisions in regard to your case. If you have questions or concerns, then you should speak to a personal injury attorney now. The phone lines to our office are open twenty-four hours a day, seven days a week.
Contact The Law Place at (941) 444-4444 to schedule a free consultation today.
Defining Liability in a Personal Injury Claim
The definition of liability in a personal injury claim is when a person is responsible for creating an accident or a condition that resulted in injuries. In a personal injury claim, it is important to prove that a person or an entity (like a business) is responsible for an accident that caused injuries. Liability has to be proven in order for a personal injury case to move forward.
It is imperative that you hire a personal injury lawyer from The Law Place to investigate your case. A personal injury lawyer will look into all of the facts and evidence of your case and determine who is liable. In the case of a car accident, the at-fault driver’s insurance company will be held responsible for paying damages. However, the insurance company will usually start their own investigation and make their own decision as to who is liable following a car accident. When your personal injury lawyer and the at-fault party’s insurance company cannot agree on who is liable, then the case will head to court.
A personal injury lawyer from The Law Place will have to prove liability by demonstrating the four elements of negligence following an accident. Negligence is when someone acts without reasonable care and causes harm to another person.
The four elements of proving negligence include:
- Duty of care – Everyone has a legal duty to act with safety mind. For example, a driver owes a duty of care to other road users.
- Breach of duty – A person breached their duty of care by acting negligently. For example, a driver breached their duty of care by failing to stop at a stop sign.
- Causation – The person who breached their duty of care caused an accident.
- Damages – The victim who suffered damages in the accident, such as medical bills, lost wages, property damage, and more.
In the case of a car accident, the duty of care and negligence is easily determined. The driver who was negligent behind the wheel will be held liable. A personal injury lawyer will be able to offer you legal advice and help you to understand the type of outcome that you can expect for your case.
Personal Injury Protection (PIP)
Florida requires all drivers to carry $10,000 worth of Personal Injury Protection (PIP) Insurance. In the event that an accident happens, the benefits of Personal Injury Protection (PIP) Insurance will cover medical bills and lost wages, regardless of who caused the crash. However, it does not mean that you should not move forward with filing a personal injury claim. A personal injury claim could help you recover compensation for other damages and losses.
Personal Injury Protection (PIP) Insurance will only cover 80 percent of medical bills and 60 percent of lost wages that happened as a result of the accident. If your medical bills or lost wages exceed the limit of the Personal Injury Protection (PIP) Insurance policy, then you should consider hiring a personal injury attorney. A personal injury attorney will help you to determine who is liable for the accident and ensure that you receive the maximum amount of compensation that you deserve.
Determining Comparative Fault
One of the most common questions that a client will ask their personal injury attorney is, “What if I was partially at fault for the accident?” You can still seek compensation, regardless of whether you were partially at fault or not. The State of Florida works as a comparative fault state, which means that a victim can still recover compensation from the other person, even if they did contribute to the accident. Here are some examples of comparative fault:
- Slip and fall accidents – If a victim was not paying attention or they tripped over their own clothes.
- Car accidents – If a victim was speeding at the time that the accident happened.
- Medical malpractice – If a victim misses their appointments or neglects the orders from the doctor.
If both parties acted negligently, then it has to be determined how much fault that each party contributed to the accident. For example, if one driver was running a red light, but the other driver was speeding, and they both ended up colliding, then they could share fault for the accident. However, the fault has to be divided between each party. For instead, the driver who was speeding will have 40 percent fault, and the driver who ran the red light will have 60 percent fault.
In this case, the speeding driver will be able to recover 60 percent of their damages, and the driver who ran the red light will be able to recover 40 percent of their damages. For example, the speeding driver suffered damages worth $100,000, but they would only receive $60,000 due to comparative fault.
Types of Accidents That Result in Personal Injury Cases
An injury will vary depending on the facts and circumstances surrounding an accident. Some accidents are more serious than others, which means that they result in more severe injuries. The Law Place has won compensation for numerous personal injury cases, ranging from:
- Back and neck injury.
- Spinal cord injury.
- Brain injury.
- Medical malpractice.
- Nursing home abuse.
- Sexual assault.
- Dog bite injury.
- Slip and fall accidents.
- Trip and fall accidents.
- Premises liability.
- Property damage.
- Construction accidents.
- Work-related accidents.
- Pedestrian accidents.
- Bicycle accidents.
- Motorcycle accidents.
- Car accidents.
- Truck accidents.
- Bus accidents.
- Boating accidents.
- SUV accidents.
- Rideshare accidents.
- Uber and Lyft accidents
- Drunk driving accidents.
- Wrongful death cases.
Compensation for a Personal Injury Claim
You are entitled to recover compensation for an accident that was not your fault in the State of Florida. A personal injury lawyer from The Law Place will pursue the compensation that you deserve, regardless of the type of accident. Our law firm will recover compensation for:
- Medical bills – Past, present, and future medical bills, including surgery, hospitalization, visits to the doctor, medical equipment, physical therapy, rehabilitation, prescription medication, and more.
- Lost income – The income that you have lost due to not being able to work, future lost income, and a reduced earning capacity.
- Property damage – The costs to repair or replace your motor vehicle, mobile phone, clothes, and other property that was damaged.
- Pain and suffering – A reduced quality of life since you have been injured, such as physical pain, mental anguish, emotional trauma, fear, depression, and other forms of pain and suffering.
- Wrongful death – The loss of someone you love in an accident means that you could be entitled to recover compensation for funeral expenses, medical bills, lost wages, and more. You can learn more about the wrongful death laws in Florida Statute 768.21.
Statute of Limitations for Personal Injury Cases
The statute of limitations declares that you have four years from the date of the accident to file a personal injury claim in the State of Florida. However, you will only have two years for other the date of losing someone you love to file a wrongful death claim in the State of Florida.
If you fail to file a personal injury claim within the time period as stated in Florida Statute 95.11, then you will not be able to recover compensation later.
Contact The Law Place Today
If you were involved in an accident, then you should consider filing a personal injury claim in the State of Florida. A personal injury lawyer will explain your legal rights and help you to recover the compensation that you are owed.
At The Law Place, we have over seventy-five years of combined experience and knowledge in winning personal injury cases all over the State of Florida. Our team of personal injury lawyers has an in-depth understanding of personal injury law, and we will assist you every step of the way.
Our law firm will investigate your accident, collect facts, deal with paperwork, negotiate with the insurance companies and property owners, calculate the amount of damages, and file your personal injury claim. A trusting attorney-client relationship is very important to us, and we will make sure that you receive the compensation that you are owed.
If you have questions or concerns, then you should seek legal counsel with a personal injury lawyer now. Our phone lines are open twenty-four hours a day, seven days a week.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.