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A personal injury refers to physical, emotional, or financial harm suffered due to another’s negligence or intentional actions.
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Seek medical attention, report the incident to authorities, document the scene with photos, gather witness information, and avoid discussing fault.
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If you’ve suffered injuries due to someone else’s negligence, you may have a case. Consulting with a personal injury attorney can provide clarity.
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As of March 2023, Florida’s statute of limitations for personal injury claims is two years from the date of the injury.
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Compensation may include medical expenses, lost wages, pain and suffering, and property damage.
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Negligence is established by proving the responsible party owed a duty of care, breached that duty, and caused your injuries as a result.
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Florida follows a modified comparative negligence rule, allowing you to recover damages reduced by your percentage of fault, as long as you are less than 51% at fault.
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The duration varies based on case complexity, but many personal injury cases settle within one to two years.
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Many personal injury cases are settled out of court. However, if a fair settlement isn’t reached, the case may proceed to trial.
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Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case.
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It involves filing a claim, investigating the incident, negotiating with insurance companies, and potentially going to trial if a settlement isn’t reached.
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Avoid admitting fault, providing recorded statements without legal counsel, and posting details about the accident on social media.
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While possible, it’s not advisable. Insurance companies may offer lower settlements to unrepresented individuals. An attorney can help maximize your compensation.
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You may seek compensation through your own uninsured/underinsured motorist coverage or pursue a lawsuit against the at-fault party directly.
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These damages are subjective and consider factors like the severity of injuries, impact on daily life, and duration of recovery.
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It’s a payment structure where the attorney only gets paid if you recover compensation, typically taking a percentage of the settlement or award.
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Generally, once a case is settled and you’ve signed a release, you cannot reopen it. It’s crucial to ensure the settlement covers all future expenses.
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Insurance adjusters investigate claims, assess damages, and negotiate settlements on behalf of the insurance company.
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It’s a document that a client signs to waive the constitutional limits on attorney fees in medical malpractice cases, permitting the attorney to charge a higher contingency fee.
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A lawyer is required to retain trust account records and other case-related documentation for a minimum of six years after the case is closed, as per The Florida Bar rules.
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In Florida, the statute of limitations for most personal injury cases is four years from the date of the injury. For medical malpractice and wrongful death cases, the time limit is two years.
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Yes, Florida follows a comparative negligence rule, meaning you can still recover damages even if you were partially at fault, but your compensation will be reduced by your percentage of fault.
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Economic damages cover quantifiable financial losses such as medical expenses and lost wages, while non-economic damages compensate for intangible losses like pain and suffering.
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Punitive damages may be awarded in cases where the defendant’s conduct was especially reckless or intentional, but Florida caps punitive damages at three times the amount of compensatory damages or $500,000, whichever is greater.
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After an accident, you should:
• Seek medical attention immediately.
• Report the incident to the proper authorities.
• Gather evidence such as photos, witness statements, and police reports.
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