Plantation, Florida, Personal Injury Lawyer
Dealing with an injury can be difficult. You may lose the ability to work or enjoy your lifestyle as you did previously. Chronic pain can cause severe distress. Medical bills often pile up. If you have been injured in Florida through no fault of your own, you may have legal options at your disposal that can lead to compensation for your hardship.
Injuries caused by negligence create liability for the negligent person or business. In order to prove negligence in a personal injury case, a person must demonstrate that the negligent party owed them a duty of care that they breached, causing the event that resulted in the injuries. If you are successful in your suit, you could recover under a number of theories for damages, such as medical expenses, loss of income, and pain and suffering.
I am attorney Jared Newman, and I have been helping clients achieve favorable decisions and settlements for personal injuries in Plantation for years. At my firm, Jared Newman, Esq., I am ready and waiting to help you with your case so that you don’t miss out on what you are rightfully owed. To secure your free consultation, call me at 954-281-7709 today.
Elements Of Negligence In A Personal Injury Case In Plantation, Florida
Most personal injury lawsuits are based on a theory of negligence. Negligence is the legal term for the violation of a duty that one person or business owes to another, causing damages to the other person or their property.
Duty is imputed based on circumstances. For instance, someone who operated a vehicle on a public road owes a duty of reasonable care to their fellow motorists and pedestrians within their sphere of influence. A restaurant owner or manager owes a duty to any patrons who enter onto the property and/or order food.
Breach of that duty occurs when the party that owes the duty fails to act as another reasonably prudent person would in the same situation. In the case of a driver, a reasonable person would know to slow down and stop at a red light. A driver who blows through a red light has violated their duty to their fellow drivers. Similarly, a reasonable operator of a restaurant should know that a customer might touch a skillet or plate while eating. By not warning the customer that the plate is very hot, the restaurant staff has breached its duty to the customer.
In order to win a personal injury case in Florida, a plaintiff must also demonstrate that the breach of duty caused their injury. If the driver in the above example who drove through the red light collided with another car in the intersection, causing injury to the driver or passengers in the other car, the injured people would be able to file a personal injury lawsuit. If the restaurant customer touches the plate but does not sustain a burn, they likely won’t be able to recover in their claim, since they cannot prove that the negligence caused any injury for which they could recover.
Damages In A Personal Injury Case In Plantation, Florida
Once you have established the elements of a valid personal injury claim for negligence, the court will determine the amount of damages. Damages are the legal method for awarding just compensation to the wronged party in order to achieve equity. In other words, a court will order the defendant to pay the plaintiff a specific amount of money in order to make things right.
The calculation of damages includes a number of factors that the court is bound to consider. Courts will first take into account evidence of specifically calculated expenses that are directly associated with the incident. These are known as economic damages. Below are some examples of economic damages for which a personal injury plaintiff could recover:
- Past hospital bills
- Emergency procedures
- Ambulance rides
- Likely future medical care costs
- Rehabilitative physical therapy
- Loss of income while recovering from injuries (if unable to work)
- Loss of earning power (if injuries hinder job performance for an extended or indefinite time period)
- Damage to property
- Modifications to home or lifestyle to accommodate for consequences of injuries
Some injuries have more extensive consequences to a person that cannot be calculated so easily. For this reason, Florida law allows for the recovery of noneconomic damages. This type of damages is meant to account for the personal and emotional ramifications of the incident and resulting injuries.
A Florida court will take into account a plaintiff’s pain and suffering, loss of enjoyment of life, impacted ability to sustain relationships and chronic pain resulting from an accident. Depending on the circumstances, there may be statutory limitations on how much a plaintiff can recover in noneconomic damages. For a full accounting, I recommend that you speak to me, as I stay on top of the rapidly changing legislation in this area.
Statute Of Limitations For Personal Injury Cases In Plantation, Florida
You only have so long to file your personal injury lawsuit. Laws in the state of Florida set the statute of limitations (or the length of time that is appropriate for the filing of a lawsuit) at four years in most instances of personal injury. This means that you typically have only four years from the date of your incident to begin your lawsuit. Suits that are filed after the four-year limit are almost always thrown out, so it is critical that you take action quickly and decisively.
There are a number of exceptions to the statute of limitations. There are times when there is even less time to file, such as when the defendant is a government body or agency. There are also examples of situations where the statute of limitations is extended, such as when the defendant was mentally incapacitated due to the accident. For more information about the time limit for your personal injury case in Plantation, speak to me.
Have A Potential Personal Injury Lawsuit In Plantation, Florida? I Can Help.
I know what is required to win in court for my clients. If you are considering going to court over your personal injury suit in Plantation, call my firm to set up a free consultation at 954-281-7709.