Suffering a personal injury caused by a neglectful, careless, or reckless person can be devastating and is often accompanied by physical pain and emotional distress. Luckily, Florida law allows victims who suffer personal injuries caused by someone else to pursue compensation and recover damages. However, it can be challenging to file a personal injury claim and receive a settlement without professional legal representation.
If you or your loved one has sustained a serious injury due to someone else’s negligence or careless act, a Cocoa personal injury lawyer at Andrew Pickett Law can help. We understand how complicated it can be to seek compensation from a negligent party, especially when there is a denial of liability. Nevertheless, a personal injury lawyer in Cocoa can help determine liability, protect your legal rights, and recover your damages.
Types of Personal Injury Cases We Handle in Cocoa
There are many incidents that can cause physical injuries, resulting in diverse personal injury claims. However, working with an experienced Cocoa personal injury attorney can help prove liability irrespective of the type of injury. A professional law firm can help you in various personal injury cases, including:
- Car accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Medical malpractice
- Dog attacks
- Slip and fall cases
- Nursing home abuse and neglect
- Defective or damaged products
- Wrongful death
If your loved one succumbs to injuries caused by a personal injury accident, you have a right to file a wrongful death lawsuit against the at-fault party. A Cocoa personal injury lawyer can help you navigate the legal process and recover damages.
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Determining Fault in a Personal Injury Claim
When pursuing compensation for a personal injury case, Florida law requires the victim to prove negligence to recover damages. This involves establishing fault and liability to hold the responsible party liable. Since pursuing compensation without legal representation can be challenging, an experienced personal injury attorney in Cocoa can help you prove the following four elements of negligence.
Duty of Care
Florida Statute §429.29 defines the duty of care as an individual’s obligation never to cause harm to another person or expose them to the risks of getting injured. Therefore, a personal injury lawyer must prove that the other party owed you a duty of care.
Breach of Duty of Care
A personal injury lawyer must prove that the negligent party breached the duty of care by showing that the defendant was reckless.
A personal injury lawyer must prove that the victim’s injuries resulted from the defendant’s negligence.
You must prove that you suffered physical and emotional losses, including other injuries, to seek compensation from the defendant.
Proving all these elements can result in the court ordering the responsible party to pay damages to compensate for various losses. However, Cocoa is a comparative negligence jurisdiction, meaning plaintiffs can receive a reduced compensation amount based on the amount they contributed to the misfortune. Therefore, working with an experienced Cocoa personal injury lawyer can help you recover a fair settlement for your injuries.
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Damages You Might Recover in a Personal Injury Case
If you or your loved one was injured in a personal injury accident, you could recover both economic and non-economic damages from the defendant. However, recoverable damages in such cases often vary depending on the circumstances of the case. Some damages you might recover include:
- Past, present, and future medical bills
- Property damage
- Lost income
- Reduced or lost earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Disfigurement or physical impairment
- Mental anguish
- Loss of consortium or companionship
In rare cases, the court may grant you punitive damages intended to punish the defendant for intentional misconduct or gross negligence. A skilled Cocoa personal injury lawyer can help present the necessary evidence to prove your case, helping you recover full compensation for all your losses.
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Statute of Limitations on Personal Injury Cases in Florida
Under Florida Statute §95.11, victims of personal injury cases involving negligence have a four-year statute of limitations to file a suit against the at-fault party. In contrast, if you are filing a wrongful death claim, you have a two-year statute of limitations to file your claim and recover damages.
Generally, a statute of limitations includes the timeframe victims or surviving family members have to file a lawsuit against a responsible party from the date the accident occurred. Failing to file your claim within the deadline can result in the court dismissing your claim, making it ineligible for compensation.
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What to Do After a Personal Injury Accident in Cocoa
You might be in pain, confused, and wondering what to do when injured after an accident. It is important to remember that your actions after the accident can affect your rights and eligibility to seek compensation from the responsible party. To help you defend your rights and improve your chances of recovering damages, there are several steps to take after a personal injury accident.
Seek Medical Attention
Immediately after the accident, seek medical attention as soon as possible to determine the extent of your injuries. This allows you to obtain a medical report that details your injuries, which acts as evidence.
Contact Relevant Authorities
It is essential to contact the police, report the accident to relevant authorities, and prepare a report. Typically, a police report can help determine liability, helping you recover damages.
Only discuss the accident with your doctor and lawyer and avoid divulging details of the accident when speaking to your friends and coworkers about your injuries. When talking to your insurance company or opposing attorney, ensure your lawyer is present.
Gather Critical Evidence and Documentation
Since you and your lawyer must prove your injuries occurred due to someone else’s negligence, gather records and documents, such as medical records and witnesses’ contact information. You can take photographs of the scene or record videos that support your claim.
Hire an Experienced Cocoa Personal Injury Lawyer
It is critical to contact a personal injury lawyer as soon as possible after the accident to access comprehensive legal representation throughout the process of seeking compensation.
Personal injury cases can be confusing and time-consuming, especially when recovering from life-changing injuries. Working with a skilled Cocoa personal injury lawyer can help you simplify the process and recover damages from the at-fault party.
Contact an Experienced Cocoa Personal Injury Lawyer Today
If you or someone you love was injured due to someone else’s reckless, negligent, or careless act, you might consider pursuing a personal injury claim to recover damages. At Andrew Pickett Law, an experienced Cocoa personal injury lawyer can help you receive the settlement you deserve and ensure your rights are protected. To learn more or to schedule a case evaluation with the legal team at Andrew Pickett Law, contact us today.