Surviving an accident can introduce devastating trauma into your life. Unfortunately, the legal aftermath of these accidents isn’t any better. If you want to recover physically and financially, you can work with a personal injury lawyer in Sunrise, FL.
Winston Law Firm has fought alongside accident victims in Florida since 1989. We dedicate all our resources to helping you receive maximum compensation for your losses. Contact us to build a personal injury claim and protect your rights.
What Qualifies as Personal Injury?
“Personal injury” is a legal term to describe harm an individual suffers due to someone else’s negligence or intentional actions. In a personal injury lawsuit, the injured party (plaintiff) seeks compensation from the party responsible for their injuries (defendant).
When you work with Winston Law Firm, you can work with experienced attorneys who tackle all types of personal injury cases. Our staff serving Sunrise includes:
- Car accident lawyers
- Truck accident lawyers
- Motorcycle accident lawyers
- Bicycle accident lawyers
- Pedestrian accident lawyers
- Slip and fall lawyers
- Defective product lawyers
- Product liability lawyers
- Premises liability lawyers
- Workplace accident lawyers
- Construction accident lawyers
- Animal attack and dog bite lawyers
- Nursing home abuse lawyers
- Wrongful death lawyers
While the legal concept of personal injury varies by state, the underlying principle remains that negligent parties must be held accountable for their actions. These parties must compensate their victims.
If you were injured due to the negligence of another party, you might be entitled to compensation. A Sunrise personal injury lawyer will help you navigate the legal process and protect your rights. You can contact our legal team today to book a free case evaluation.
Negligence Causes Most of Today’s Personal Injury Accidents
The most common types of personal injury cases tend to have the same cause: negligence. The term “negligence” describes deliberate or accidental recklessness that leads to the endangerment of other people.
If you want to take legal action against someone else after a catastrophic injury, you need to prove that the person in question:
- Owed you a duty of care at the time of your accident
- Engaged in avoidable negligence
- Cost you money and did you harm as a result of that negligence
Our team makes this process easier by spearheading legal investigations on your behalf. With our help, you can keep your experience with Florida’s civil system as stress-free as possible.
Using Evidence to Recover Damages
You cannot submit a request for accident damages without evidence. Evidence proves accident liability and the value of your recoverable financial losses. Fortunately, you don’t have to gather the evidence needed to make your case alone.
Our personal injury accident attorneys in Sunrise, FL, can go to an accident scene and gather the data needed to make your case. The pieces of evidence relevant to your recovery may include the following:
- A police report speculating about the fault
- Accident reports from third parties, including medical professionals
- Medical records detailing the extent of your losses
- Electronic evidence
- Physical evidence
- Environmental damage
- Witness statements
- Expert testimony
- Video footage of your accident
- Photos from your accident
These types of evidence can appear in the claim our legal experts submit to South Florida’s civil courts. Our law office can refer to our investigation to emphasize your right to comprehensive financial compensation. Those conversations can take place in or out of court, but all of them are easier when you have data on your side.
How to Recover Compensation in Florida
Personal injury victims in Florida can recover financial damages through various legal means. For example, after a car accident, you may file a claim with your insurance company under the personal injury protection (PIP) coverage required by Florida law.
If the damages exceed the PIP coverage limits, you may pursue a claim against the at-fault party’s insurance company or file a lawsuit against the responsible party.
PIP Coverage
Personal injury protection coverage (PIP) is a mandatory type of insurance coverage in Florida that provides drivers with medical and wage loss benefits in the event of an accident. It is designed to cover medical expenses, lost wages, and other related expenses, regardless of who is at fault in the crash.
Florida requires all drivers to carry a minimum of $10,000 in PIP coverage. If you are involved in a collision, your insurance company will pay 80% of necessary medical expenses up to the policy limit, regardless of who caused the accident.
Personal Injury Claim
If the other party is at fault for the accident, you may file a claim against their insurance company to recover damages. The first step in this process is to notify the insurance provider of the incident and your intent to file a claim. They will then assign an adjuster to investigate your case and determine your damages.
Insurance companies are motivated to settle claims quickly and for as little money as possible. Therefore, work with an experienced personal injury attorney in Sunrise who can negotiate with the insurance agent and ensure you receive fair compensation.
If you and a defendant cannot agree on a fair settlement, you may need to file a lawsuit against the at-fault party to recover damages. An attorney will also help you navigate the legal process and maximize your chances of success.
Personal Injury Lawsuit
To file a lawsuit, you must first determine who is responsible for your injuries and identify the legal basis for your claim, such as negligence or intentional wrongdoing. Once you have this information, you must file a complaint with the appropriate court and serve the defendant with a copy of the complaint.
The defendant can then respond to the complaint, and the discovery process will begin. During this stage, the parties will exchange information and evidence relevant to the case.
If we can’t reach a settlement agreement, the case will proceed to trial, where a judge or jury will determine the outcome. Work with an experienced personal injury attorney throughout this process to ensure that your rights are protected and that you have the best chance of success in your case.
Recoverable Damages in a Sunrise Personal Injury Case
The damages you can access depend on the details of your case and your chosen path to recovery. At Winston Law Firm, our experienced legal team will help you find the most suitable alternative to recover maximum compensation.
Compensatory Damages
In most personal injury cases, you may access compensatory damages. These are designed to compensate you for losses resulting from severe injuries and may include economic and non-economic damages.
Our attorneys can easily calculate the value of your economic damages with proof of your tangible losses on hand. Gather all your bills and receipts documenting your accident-related expenses and hand these over to your attorney. You may recover:
- Medical treatments
- Loss of income
- Property damage
- Out-of-pocket expenses
Non-Economic Losses and Damages
Non-economic damages are intangible losses that may be more difficult to calculate given their subjective character. However, a skilled attorney may help you recover the following:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of consortium
Punitive Damages
Unlike compensatory damages intended to compensate you for your expenses, punitive damages aim to punish the defendant for their conduct and deter similar behavior in the future.
In Florida, punitive damages may be awarded if the defendant’s conduct was particularly egregious, such as in cases involving intentional harm or gross negligence.
Furthermore, Florida caps punitive damages. Thus, the final amount can be three times the compensatory damages or $500,000, whichever is higher.
Florida’s Modified Comparative Negligence
In most cases, Florida follows a modified comparative negligence system, excluding medical negligence. This system significantly impacts a plaintiff’s ability to recover damages based on their degree of fault.
Florida’s comparative negligence rules state that if a plaintiff is more than 50% responsible for their accident injuries, they may not recover damages from a defendant. Unfortunately, the liable party involved in your accident may argue that you’re at fault for your losses, compromising your right to recover.
However, there’s good news for accident victims like you. Our decades of experience representing Florida residents allow us to use comparative negligence law to your benefit. You can count on our Sunrise, FL, personal injury attorneys to challenge any assertions of fault that compromise your right to recover.
Modified Comparative Negligence in Practice
For example, in a car crash with total damages of $100,000, if the plaintiff is found to be 51% at fault, they would not be able to recover damages because their level of fault exceeds the 50% threshold. In contrast, if the plaintiff’s fault is 50% or less, they can still recover damages; however, these would be proportionally reduced by their degree of fault.
This modification in Florida’s negligence law underscores the importance of accurately determining each party’s degree of fault in personal injury cases.
It reflects a balanced approach, recognizing that while plaintiffs who are less at fault should be entitled to compensation, those predominantly responsible for their injuries should not receive damages from others.
Florida Statute of Limitations for Personal Injury Lawsuits
The statute of limitations is a legal deadline for filing a personal injury lawsuit. The statute of limitations in Florida for most personal injury cases is two years from the accident date. You may lose your right to seek compensation if you do not file within this period.
There are some exceptions to this rule, however. For example, courts may extend the deadline if no one discovers an injury until later in a victim’s life. Additionally, the statute of limitations may differ for cases involving government entities or medical malpractice.
Call Our Sunrise Personal Injury Lawyers Today
Understanding the legal repercussions of an unexpected accident can make you feel vulnerable and alone. However, at Winston Law Firm, we protect personal injury victims and help them rebuild their lives. We can do the same for you.
Contact our personal injury lawyers in Sunrise for a free initial consultation. Together, we will fight for the justice and fair compensation you deserve.
