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Personal Injury FAQ

Personal Injury FAQ

Answers From a Coral Gables Personal Injury Lawyer

If you have been injured in an accident that was caused by the negligent or misconduct of another, then under Florida law you have the right to hold them accountable for any damages. At Diamond Law, P.A. the legal team is committed to protecting the rights of injury victims in and around Coral Gables, Florida. Attorney Joshua Diamond has been advocating for personal injury victims since 1997 and he continues to provide exceptional legal representation in wide variety of injury claims. If you have any questions about your injury case, please do not hesitate to speak with the Coral Gables personal injury lawyer from the firm.

What is negligence? 

In order for your personal injury claim to be considered valid, you must be able to prove that you were injured by the negligence of another individual or entity. When a person is negligent, it means that they acted carelessly, failed to exercise reasonable care and did not consider the safety of others. If you were injured because someone acted out of misconduct, then that person could be held liable for any damages that are incurred as a result.

What is the statute of limitations for personal injury actions in Florida?

In Florida, you only have a certain amount of time in which to file your personal injury claim. With personal injury cases, you only have four years from the date that the injury was sustained. Medical malpractice cases are only allotted a two year period from the date the injury was detected. If the injury victims was a child age eight or younger, then the statute may be extended. Be sure to speak with an injury lawyer before it is too late to recover compensation for the wrongful act that caused your injuries.

How much could my personal injury claim be worth?

It is difficult to put an exact monetary value on an injury claim because every case is unique. When the insurance companies evaluate your case, they will look at several different factors to help determine the amount of restitution that you should be awarded. The main contributing aspect in your case will be who was at fault, how severe your injuries were, your age, how your income was affected, and whether or not the liable party has insurance coverage. The injury attorney at the firm can help you get fully reimbursed for your medical expenses (past and future), your loss of income (past and future), loss of earning capacity and any pain or suffering you had to endure.

How long until my personal injury case is resolved?

Again, it is nearly impossible to give an exact estimate of how long each case will take to conclude. In general, personal injury cases take about one to two years to fully settle depending on how many parties are involved and the extent of injury. Medical malpractice claims tend to take the longest to resolve because they are more complex and take further investigation.

When the other party's insurance requests a formal statement, should I give them one?

It is never wise to give a formal recorded statement to the insurance company that is representing the other party. They only request it so that they can somehow use it against you and deny you compensation. That insurance company is not looking out for your best interests, so be sure to speak with your lawyer before answering any questions. This way you can ensure that your statements won't be twisted and used to make your case seem weak.

In Florida, do I still get compensation if I was partially at fault for the accident?

Every state has different laws regarding this issue, but in Florida they abide by a pure comparative fault rule. This means that you will receive a certain amount of restitution based on your percentage of fault. You will not be denied compensation in full if you are partially to blame for the incident. For example, if you are 30% at fault for the accident, they will take that into consideration and deduct 30% from your award amount.

Can I still recover compensation if I was hit by an uninsured driver?

In Florida, every driver is strongly encouraged to purchase Uninsured Motorist Coverage for when situations like this arise. If you were hit by an uninsured or underinsured driver, then you may be able to be compensated through your Uninsured Motorist Coverage.

Why Do I Need An Attorney?

While some cases with clear-cut liability may have insurance companies offering you a settlement, often liability is disputed and you may need to fight for a fair settlement. The bottom line is that insurance companies are looking to give you the very minimum compensation for your injuries and in some cases, deny your claim altogether. They are looking out for themselves, not considering your best interests. Even when negligence is obvious, insurance companies will generally have the interests of their bottom line in mind and will not offer you the compensation you may be entitled to. With a personal injury attorney at your side, you can rely on their skill and experience in aggressively negotiating on your behalf.

Your attorney will go after the full amount of recompense you deserve, taking present and future factors into consideration. You may be able to go after punitive damages to cover your medical bills, loss of income, and you mental or physical anguish. With a personal injury attorney looking out for your best interests you may be able to collect compensation for various sources. Remember that once you accept the insurance companies restitution offer, you are giving up any future right to go after further compensation. Investigation of disputed cases can lead to a successful settlement, whereas someone without an attorney representing them may find they are denied offhand by an insurance company.

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