In the aftermath of an accident, having vigorous legal representation on your side could make all the difference in your ultimate financial recovery. Obtaining compensation for your unexpected medical expenses and other losses could significantly alleviate your financial stress during this challenging time. A Belle Glade personal injury lawyer who is familiar with representing individuals who have suffered harm in accidents could handle the legal process on your behalf so you can focus on the recovery. En Español.
Auto Accidents in Belle Glade
Many personal injury cases in Belle Glade involve auto accidents. Florida is a no-fault state, which means a driver’s personal car insurance policy must cover their damages in the event of a crash, regardless of who caused it.
State law mandates all licensed motorists to carry at least $10,000 worth of personal injury protection on their auto insurance policy. In other words, an injured driver would not be able to proceed with a personal injury lawsuit against the at-fault motorist and would instead need to rely on their own car insurance policy to cover medical bills and lost income.
However, state law permits injured victims to present a civil claim after a car crash if the collision causes them serious injury. Any of the following would qualify as serious or catastrophic injuries:
- A permanent disability
- Significant or permanent loss of a bodily function
- Significant or permanent disfigurement or scarring
- Spinal cord damage
- Severe head trauma
Claimants who have suffered from injuries such as these may recover additional damages which are not covered under their insurance policies with the help of an experienced attorney.
Dog Bite Cases
Belle Glade courts use strict liability to assign fault in dog bit cases. Under state law, a dog owner would be liable for any damages caused by their pet, regardless of the dog’s prior behavior.
It would, however, be necessary to prove that the plaintiff was lawfully visiting the location where the attack took place because injured trespassers cannot collect compensation.
Product Liability Claims
In a product liability claim, a seller, distributor, or manufacturer could be held liable if someone is hurt from using an unreasonably dangerous item. Additionally, if a company fails to provide adequate warning labels or instructions for safe and proper use of a product, they could be required to reimburse an injured claimant’s losses in the event of an accident.
To present a successful product liability lawsuit, an injured party must prove that:
- They suffered an actual loss
- The product was defective
- The manufacturer was aware of the risks and failed to warn consumers
- The defect or failure to warn was the proximate cause of their injury
Slip and Fall Incidents
In Belle Glade, trip and spill cases fall under the state’s premises liability law. Landowners and those who are responsible for maintaining or controlling a premise have a duty to exert reasonable care to remedy any known or foreseeable property hazards in a timely manner.
According to Florida Statutes §768.0755, an injured plaintiff must show that the defendant had knowledge of the hazard or should have known about it. A serious injury lawyer in Belle Glade could help a claimant establish these necessary elements in a slip and fall case.
Potential Damages in a Civil Claim
A Belle Glade attorney could help someone suffering from a personal injury recover a range of damages for their losses, including past and current medical bills, lost income, diminished earning capacity, emotional distress, and pain and suffering. Punitive damages could be also awarded at the court’s discretion in addition to the other types of compensation in order to punish the defendant for egregious actions and to deter future misconduct.
Under the state’s pure comparative negligence rule, the amount of compensation a plaintiff is entitled to would be reduced in proportion to their assigned percentage of fault in the accident. For this reason, it is best to enlist the services of a skilled lawyer from our firm.
State law establishes a statutory deadline for injured individuals to pursue a personal injury claim. FL Stat. §95.11 gives plaintiffs four years from the date of the accident to file a lawsuit in civil courts. If an individual fails to file their case within this time-frame, they may be barred from recovering any damages whatsoever.
There are certain exceptions to the statutory deadline depending on the nature of the claim. A seasoned Belle Glade lawyer could review the circumstances of an individual’s personal injury claim to ensure that it is filed by the appropriate deadline.
Contact a Belle Glade Personal Injury Attorney Today
When you are hurt because of someone’s misconduct or negligence, consulting an experienced Belle Glade personal injury lawyer could help increase your chances of obtaining compensation. To arrange a case consultation and discuss your legal options, contact our office today.
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