Hallandale Beach Personal Injury Lawyer
Victims of accidents and injuries in the Hallandale Beach area often turn to liability insurance and health insurance to cover their injuries after an accident. However, many of these victims miss out on opportunities for compensation that could be the difference between financial struggles and a return to stability. After an accident, it is difficult to manage your recovery and an injury lawsuit, but at my firm, Jared Newman, Esq., I can help.
Call me, attorney Jared Newman, for a free legal consultation today. I have experience handling injury cases on behalf of victims and their families. I work to manage your case and fight the at-fault parties and insurance companies so that you don’t have to. For a free legal consultation on your potential case, call me today at 954-329-5955.
The Statute Of Limitations In Personal Injury Cases In Florida
For your injury case to be successful, you need to file the case on time. Generally speaking, every type of injury case has a statute of limitations that dictates how long victims have to file their claims in court before the court can simply throw out the claims. In Florida, the statute of limitations on most injury cases is four years.
This four-year statute of limitations gives you up to four years from the date of the accident to get the case filed in court. This does not mean that you need to file your case and bring it to a conclusion, but it is often beneficial to treat it that way. If you get partway into your case and decide there are additional at-fault parties that you should join in the case, you might be unable to file the claims against them if the statute of limitations has expired. This is one reason you should always file your case early, if possible.
Filing a case earlier than the deadline also has other benefits. If you wait too long to file a claim, the evidence could decay or disappear. For instance, many security cameras on ATMs and storefronts capture accidents on tape, but these tapes or hard drives are often overwritten after a week or only a few days, deleting older videos. If you act quickly, I can ask people to preserve evidence under their control. Similarly, witnesses’ memories of what happened will begin to fade quickly, but getting depositions and statements quickly can help you form a stronger record of what happened so that you can prove your case at trial.
There are some rules that can help victims extend their filing deadlines, but these exceptions are rare and should not be relied upon. Talk to me as soon as you can after an accident to get your case started.
Filing A Lawsuit Versus An Insurance Claim For Injuries
When you are injured in an accident, insurance claims often fail to provide the full relief you need. Insurance companies sell insurance policies that are supposed to pay damages to the victim to protect the policyholder from liability after an accident. This means that most insurance companies work to deny claims since paying claims loses them money. In Florida car accident cases, the first insurance company you have to deal with is your own because of Florida’s no-fault insurance rules. However, even an insurance company that works for you might not be cooperative, and you might need my help to file your case in court and get the damages you deserve.
Insurance policies often fail to cover full damages. These policies exclude damages for “noneconomic damages” in most cases, refusing to pay for pain and suffering, mental anguish, emotional distress and other intangible harms you might face after an accident. Filing a case in court could open access to these damages. Additionally, insurance companies could cap damages at a percentage of their full value, and your own insurance company will require you to pay a deductible to make a claim. This puts a lot of the burden of paying on you instead of the at-fault parties, but a lawsuit can often shift that burden to the defendant.
When you file a lawsuit, your case is decided by a neutral third party. In some cases, this could be the judge alone, but many injury cases can go before a jury where a group of neutral peers can decide your case.
Should I Settle An Injury Case In Hallandale Beach?
In many injury cases, victims are faced with the decision of whether to accept a settlement offer or press the case at trial. In some cases, insurance companies and defendants will offer very low settlements that do not cover your medical bills, lost wages, and pain and suffering. If this is the case, then accepting a settlement will mean taking what they give you and missing out on huge areas of damages. Settlements will also end the case so that you cannot usually go back to court and claim additional damages.
It is important to talk to a lawyer about the decision to settle an injury case. Sometimes a settlement is worth it because it can save you the time and expense of trial. A negotiated settlement is also better than a settlement the defense offers, and your lawyer can help with these negotiations. Talk to a Hallandale Beach injury lawyer before accepting any damages.
I Can Help
If you or a loved one was injured in an accident in the Hallandale Beach, Florida, area, contact the law firm of Jared Newman, Esq., today. I offer free legal consultations, so call me today to learn more about how I can help you recover damages in your injury case. Reach the firm at 954-329-5955.