If you or a loved one’s been injured because of another’s negligence or incompetence, it’s in your best interest to contact a personal injury attorney in Palm Shores before speaking to the insurance company.
Andrew Pickett Law brings a ten-year history of successfully trying civil cases against large corporations and insurance companies. Mr. Pickett and his team are dedicated to advocating for the rights of the injured.
Types of Palm Shores Personal Injury Claims
Several types of scenarios could cause a personal injury in Florida, including:
- Automobile accidents.
- Truck accidents.
- Pedestrian accidents.
- Cruise ship accidents.
- Premises liability, like falling objects, slip and falls, and electrocution.
- Product liability, like design, manufacturing, marketing, and warning defects.
- Negligent security.
- Sexual assault.
- Nursing home negligence and abuse.
- Medical malpractice.
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Types of Compensation Available in a Personal Injury Claim
Florida law allows you to seek damages when you’ve suffered an injury due to the wrongful actions of another. The law further divides the award of damages into three categories.
Economic damages compensate the injured for the quantifiable financial harm they’ve suffered as the result of an accident, including:
- Wages and future earning capacity.
- Past and future medical expenses, such as medications, surgeries, and office visits.
- Rehabilitative care, including physical therapy.
- Property repair and replacement.
A personal injury victim could also suffer in nonfinancial or intangible ways. Examples of non-economic damages include:
- Pain and suffering.
- Loss of enjoyment of life.
- Loss of reputation.
- Loss of consortium.
- Mental anguish.
- Emotional distress.
In certain instances, the court could find the defendant acted in a particularly egregious manner. It may judge that the “intentional actions” or “gross negligence” of the defendant caused injury to others and award punitive damages. Punitive damages are intended to punish the defendant.
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What Is Comparative Negligence?
Simply put, Florida’s comparative negligence law means that each party in a personal injury case could have some responsibility for an accident. Depending on the case, if the court determines that you contributed to the accident, your award for damages will be reduced to reflect the percentage you’re at fault for.
The property owner in a premises liability case, for example, might claim that you were looking at your phone when you slipped on a puddle of water on the floor. When the jury examines all of the evidence, it determines that you did share some responsibility for the accident.
The court finds that, because you weren’t paying attention, you contributed 25% to the accident. As such, your compensation is reduced by 25%. If the overall award is $300,000, you will receive $225,000.
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Florida Personal Injury Statute of Limitations
Florida’s statute of limitations to file a personal injury depends on the type of case among other factors. Typically, the time limits begin when the cause of the action occurred. Limits are as follows:
- Wrongful Death: Two years
- Medical Malpractice: Two years
- Negligence: Four years
- Uninsured/Underinsured Insurance Benefits: Five years for cases involving a breach of contract. For instance, you were involved in an accident with an uninsured or underinsured motorist for which you had the appropriate coverage, but the insurance company didn’t honor it.
That said, there are exceptions to the original time limits, including:
- The injury isn’t immediately apparent.
- You were incapacitated and unable to pursue legal action.
- The defendant hides or flees the state to avoid being served.
- The injured is a minor.
The state imposes time limitations to motivate parties to act while witnesses are available and have better recall of events and the evidence is accessible. A statute of limitations also provides closure for all parties to be able to move on from the incident.
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How Can a Palm Shores Personal Injury Lawyer Help?
An experienced Palm Shores personal injury attorney can help you focus on your recovery by managing the details of your case. The law office handles all communications on your behalf, including mailings and phone calls, and remains accessible to answer your questions.
Your personal injury attorney in Palm Shores will complete a wide range of tasks to support you and your case, including:
- Investigation: An attorney hires an investigator to evaluate the scene and conditions that contributed to the injury. The office interviews experts who can attest to industry standards and witnesses who have first-hand knowledge of what occurred.
- Document Filing: Timeliness is critical in legal matters. The attorney’s office manages the filing of all documents within the stipulated time frame.
- Negotiation: Attorneys for both parties may attempt to negotiate the best possible settlement for you. If a settlement can’t be reached, however, the case proceeds to trial.
Representation at Trial: Your attorney should vigorously represent you at trial, advocating for you and your rights. Unless the defense returns with a more reasonable offer that you accept, the court’s judge and jury may decide the case’s outcome.
Types of Evidence Gathered for a Palm Shores Personal Injury Case
During the investigation, your attorney gathers specific evidence to help support your case. Other information that could bolster your claim in addition to expert testimony and witness statements include:
- A police report
- Photos or videos of an accident scene, including any precipitating factor that could have contributed to it, such as:
- Road conditions and signage
- Floor conditions
- Employment records
- Medical records
- Family, friend, and coworker statements that corroborate your testimony
Contact Andrew Pickett Law Today
After you or a loved one has suffered a personal injury, you may feel at odds on how to proceed to rebalance your life and recoup out-of-pocket costs and other damages. Andrew Pickett Law can help you navigate the legal system and reach a favorable outcome. Mr. Pickett’s experience with trying more than 50 verdict cases speaks to his commitment to defend his clients’ rights.
Contact Andrew Pickett Law and let his team arrange a free initial consultation to evaluate the unique circumstances of your case.