Any injury can have an impact on your life, whether it is minor or catastrophic you may feel emotional, physical, and financial impacts. Oftentimes, more serious injuries can have a financial impact on you, due to medical expenses and having to take time off from work to recover.
If you have been injured by the negligent actions of another person or entity, you may be entitled to financial compensation for the damages you suffered as a result. If you are in the Florida area, the Florida Personal Injury lawyers at Kagan Law are here to help you.
- At Kagan Law, we are committed to representing clients with compassion, determination, and success
- We represent people who have been injured in all types of injuries
- Our experienced and knowledgeable attorneys have recovered six- and seven-figure awards for our clients
- We are committed to representing clients with compassion, determination, and success, and strive to provide the best service possible
If you have been injured in an accident or have lost a loved one as a result of another person’s wrongful actions, you do not have to suffer the financial consequences on your own. Our Florida personal injury attorneys are here to help you get the financial compensation you need and deserve. Our team is dedicated to providing quality representation and personalized attention for our clients. Call Kagan law today at (954) 300-1068.
What is Personal Injury?
Personal injury includes any injury to a person’s body, emotions, or reputation. Personal injury law protects a person who suffers an injury by giving them the right to pursue financial compensation from the person who caused their injury. Some of the most common personal injuries include car accidents, truck accidents, workplace accidents, and wrongful death. There are different ways a person who has been injured can make a claim for compensation from the responsible party. Most commonly, personal injury claims are based on negligence, which is the failure to take proper care. Personal injury claims may also be based on strict liability. Strict liability allows a person to be held responsible for the consequences of their actions, regardless of whether they intentionally committed the act or not.
What is Negligence?
Negligence is a legal principle that holds people responsible for reckless conduct that exposes others to an unreasonable risk of harm. Negligent conduct is when a person acts outside the standard of care that protects others from the risk of unreasonable harm. The standard of care will differ according to the circumstances of each case, but at a minimum, every person is expected to exercise the due care that any reasonable person would have exercised in a similar situation to avoid a reasonably foreseeable danger.
In order to bring a claim for negligence in Florida, the injured victim must plead and prove the following four elements:
- The defendant owed the victim a legal duty of care
- The defendant breached that duty
- The breach was the proximate cause of the victim’s injury
- The injury resulted in actual damages for the victim
A victim must be able to prove all four elements of negligence in order to succeed in their claim for compensation.
Comparative Negligence in Florida
Florida is a comparative negligence state. This means that liability is apportioned according to each party’s percentage of fault. If a victim in an accident is found partially at fault for their injuries, they would still be entitled to recover compensation, but their recovery amount would be reduced by the percentage at which they were found to be at fault. For example, if a person was injured in an accident and they were not wearing a seatbelt at the time of the accident, they may be found 30% responsible for the extent of their injuries. In that case, the amount of compensation they could recover would be reduced by the percentage of fault, 30%, that was apportioned to them for failing to use their seatbelt. So if the total damages suffered was $100,000 the victim would be eligible to receive $70,000.
Why You Need an Experienced Florida Personal Injury Attorney
Even when is clear that you have been wronged, the process of getting compensation from the legally responsible party can be complex and frustrating on your own. This is why you may want to work with an experienced personal injury attorney who can help you navigate all the steps required to get the full and fair compensation you deserve for your injury. Your Florida personal injury attorney has the resources to assess and investigate your case, identify the legally responsible party, and gather the evidence necessary to prove the value of your claim. Your lawyer will also defend any attempts by the responsible party to avoid or reduce their liability for your injury and will fight for all possible compensation you need to cover all your short-term and long-term damages.
How Much Time Do You Have to File a Personal Injury Claim in Florida?
If you have suffered a personal injury caused by another person’s negligence, you have a limited amount of time to file a claim. This is known as the statute of limitations. After this time period is up, you may lose your right to file a claim. Determining how much time you have to file will depend on the cause of your injury. For most personal injury claims, victims have four years from the date of injury to file a claim. However, there can be exceptions to this, so it is best to speak with a lawyer about your case as soon as possible.
Contact the Experienced Florida Personal Injury Lawyers at Kagan Law Today
If you or a loved one have been injured in an accident, you need a team that will fight for you. Time may be running out on your case, so contact a Kagan Law personal injury lawyer today. You can call us at (954) 300-1068 to schedule a consultation with one of our experienced Florida personal injury attorneys. Let Kagan Law fight for you to get the financial compensation you deserve.