Hollywood Personal Injury

Do I Have a Valid Injury Claim?

Every injury claim is unique and built on the unique details surrounding the accident, injury, or incident. For this reason, not all injury claims are legally valid or can stand up to the scrutiny of the court and the requirements of Florida’s liability laws.

Typically, a personal injury claim will only be valid if these four elements are present:

1. The defendant owed a duty of care to the plaintiff.
2. The defendant breached that duty of care through an act of negligence or intentional wrongdoing.
3. The breach of that duty of care caused the plaintiff to suffer an injury, harm, or loss.
4. The plaintiff’s injury, harm, or loss resulted in economic and/or non-economic damages.

To see if you have a valid injury claim, don’t just assume one way or the other. Get real information from trustworthy Hollywood, FL personal injury attorneys from our firm. Dial +1 (954) 963-0444 now.

How Do I File an Injury Claim in Florida?

The process of filing a personal injury claim in Florida usually follows many different steps. Missing one step, taking a step too late, or doing the wrong thing to conclude a step can jeopardize the entire case, possibly delaying it or harming its legal validity. For this reason and more, it is highly recommended even by courts and insurance companies that you only attempt to file an injury claim after hiring a personal injury attorney like those you can find at Rosenberg & Rosenberg, P.A..

Our attorneys can help with all steps of filing an injury claim in Florida, including the following and more:

• Gathering and analyzing evidence for proof of liability.
• Calculating the damages that should be owed to you.
• Sending a demand letter to the defendant.
• Responding to inquiries from the defendant and any insurance companies.
• Attempting to negotiate for a fair settlement.
• Preparing for and entering litigation if a settlement can’t be reached.

Avoid These Top 10 Mistakes in a Florida Injury Claim

At Rosenberg & Rosenberg, P.A., we like to educate our clients about the personal injury claim process and what to expect during it. To help you begin your legal journey with more confidence, we have compiled a list of common mistakes made by claimants and their loved ones when pursuing their legal rights.

10 common mistakes you should avoid when filing an injury claim are:

1. Failing to collect enough information and evidence at the scene of the accident.
2. Failing to seek necessary medical attention as soon as possible after the accident or injury.
3. Not hiring an attorney soon after the accident or injury.
4. Falsifying information at any point in the injury claim process.
5. Providing a statement before talking to an attorney.
6. Signing anything without letting an attorney review it first.
7. Stopping medical treatment against the doctor’s orders.
8. Failing to keep proper records of all relevant documentation and communications.
9. Waiting too long to start or file the claim.
10. Settling the case without letting an attorney negotiate for a better settlement first.

What are the Types of Compensation That I Could Recover?

You might need significant compensation after an accident or injury to get back to a place of financial stability again. A personal injury claim or lawsuit might be the only available avenue to pursue the compensation you deserve. When you hire our Hollywood personal injury lawyers, we can carefully calculate the damages that might apply to your case.

Typically, a personal injury claim in Florida will include these two types of damage:

• Economic: A tangible loss that can be recorded on bills, receipts, pay stubs, and other documentation is considered economic damage, such as lost wages and medical expenses.
• Non-economic: Intangible harm that isn’t easily quantified but is still valuable is considered non-economic, such as pain, suffering, loss of consortium, and lessened enjoyment of life.

Can I Still Recover Damages If I’m Partly At Fault?

Florida’s modified comparative negligence law allows you to file an injury claim if you are partly at fault for your injury and losses, but only to a certain extent. Specifically, if you are found to be 51% liable or more, the court can bar you from making any recovery from the defendant. Furthermore, any recovery you secure will be reduced by your percentage of liability. For example, if you are found to be 20% liable and experienced $500,000 worth of damages, then the defendant could owe you up to $400,000 ($500,000 minus 20%).

Statutes of Limitations for Personal Injury in Florida

In Florida, a two-year statute of limitations applies to most personal injury claims. The statute begins on the date of the injury or the date when the injury should have been reasonably noticeable to the plaintiff. If the two-year statute of limitations ends and you haven’t filed a claim yet, the court will likely not accept any claim you try to file after.

Also, you should know that some statutes of limitations may be much shorter than two years. For example, if the defendant is a government entity, the statute of limitations could be as short as a few months. Rather than assuming you have years to take legal action, you should talk to a personal injury lawyer from our firm as soon as possible after being in an accident or suffering an injury.

Contingency Fee Agreements & No Upfront Costs

To make our trusted legal counsel available to more people, our lawyers charge contingency fees for personal injury cases, which means we are only paid attorney fees if we win a settlement or award on your behalf. Essentially, you can pursue compensation without having to pay a large sum of money upfront. There may be some minor filing fees and other expenses associated with going to court, though, which we would be happy to explain to you.

The contingency fee is calculated as a percentage of your final winnings at the conclusion of your case. The exact percentage may vary depending on the complexity and duration of your case. On average, contingency fees are around 33% of any settlement or award. Thanks to this unique payment arrangement based on a percentage, you will never owe your personal injury attorney more than what you can afford.