The Timeline Of The Florida Personal Injury Claim Process
The Florida personal injury process primarily involves the following:
- Filing a claim with all the parties involved and putting them on notice that you will be seeking compensation
- Attempting to negotiate a favorable settlement offer with the negligent parties through back-and-forth talks
- Filing a lawsuit with the court if negotiations are unsuccessful
- Litigating the case in court to prove that you deserve to have your damages covered by the defendant
- Trying the case or pursuing alternative dispute resolution
When a personal injury attorney from Dolman Law Group manages a case for a client, we handle any or all these approaches as necessary. We know how to weigh the options, choose the ones that will be the most effective for our client, and navigate the necessary processes. We may be able to determine your options for pursuing compensation during our initial consultation.
We represent our clients best interests throughout the claims process, fighting for appropriate payouts based on the facts of their cases. When we represent a personal injury victim, we seek justice through fair compensation no matter the means necessary.
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Seeking Financial Compensation Based On Strict Liability
Were you injured by a defective product? If so, then you may not need to prove negligence in order to secure a financial recovery. In Florida and other states,product defect claims are often governed by the law of strict liability.
Under the law of strict liability, companies that design, manufacture, and sell defective products can be held liable without proof of negligence. This is intended to ensure that companies are held responsible for selling dangerous products and incentivize them to take the steps necessary to avoid putting dangerous products in consumers hands. Unfortunately, accidents involving defective products still happen all the time. If you were injured by any of the following , you should speak with a personal injury lawyer about filing a claim for compensation:
- Airplane or boat
- Car, motorcycle, SUV or truck
- Childrens furniture, toy or playground equipment
- Construction tool or equipment
- Medical device or pharmaceutical
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Highly Rated And Experienced Car Accident & Personal Injury Attorney In Florida
Hale Law is located at 2803 Fruitville Road Suite 240, Sarasota, FL. From Sarasota Bradenton International Airport head west on University Pkwy toward Airport Cir and make a U-turn at Airport Cir. Then slight right onto Desoto Rd and turn right onto N Tuttle Ave. After that turn left and turn left again. At this point turn right and Hale Law will be on your right.
We are open 24/7.
For additional questions, you can call us at 735-4529 or you can find us on Yelp.
The Arbitration Process For Injury Claims
If you feel you may be unable to reach an agreement during settlement negotiations, arbitration is sometimes an option. Arbitration is an alternative to a trail. A neutral third party serves as the arbitrator and determines the outcome of the negotiations. While it may sound simple, arbitration is a complicated process. There is a 10 step process required before the proceedings can even begin.
Every case is unique, and the decision to arbitrate should be made with the assistance of an experienced Florida injury lawyer. There are procedural requirements, filing deadlines, and other bureaucratic pitfalls that may work against you.
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Time Limits For Taking Legal Action
Florida has a longer statute of limitations for filing claims based on negligence than many other states four years from the date of the accident. An action for wrongful death must be filed within two years of the death date. There are exceptions to both of these deadlines.
Whether you have been seriously injured or lost a loved one, it is important to discuss your rights with an attorney as soon as possible. Contact a personal injury lawyer in Fort Lauderdale to begin building your case.
Florida Wrongful Death Lawsuits
We have handled many serious injury & wrongful death insurance claims and lawsuits. Wrongful death cases have some unique challenges, like sometimes there are no witnesses for the person who died. That requires us to reconstruct accidents using other methods of evidence collection. The Florida wrongful death statute also limits who can sue, which varies depending on whether the case involves an auto accident, medical malpractice, negligent security, or something else. If you think you might have a wrongful death case, please contact us immediately, or read our dedicated website called Orlando wrongful death lawyer.
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Best Personal Injury Lawyer In Florida
If you were injured in an accident that was someone elses fault, we recommend you call a Florida personal injury lawyer at Gerson & Schwartz P.A. at 475-2905. We are a full-service personal injury law firm. We are located in Miami and represent injury victims throughout Southern Florida. Our firm has fought for victims rights for over 48 years, and each of our attorneys brings unique experiences, insight, and skills to the practice.
To schedule a free consultation with one of our personal injury lawyers in Florida, contact us through our online form, give us a call, or email us at .
We Handle All Types of Accident and Injury Claims
At Gerson & Schwartz P.A., our veteran Florida personal injury lawyers are here to help you after:
- Car Accidents
- Catastrophic Injuries
We Are Experienced Litigators
One of the things that sets us apart from other Florida personal injury lawyers is that we will not hesitate to take our clients cases to court. Many personal injury law firms become settlement mills. They focus on settling their clients accident and victims claims as quickly as possible. This leads to many clients receiving cash quickly but missing out on much more compensation that could have been obtained through a more aggressive and patient approach.
We Work With Leading Experts to Prove Your Damages
Our expert connections ensure you have the proof you need to obtain the maximum compensation possible for your physical, psychological, and financial injuries.
Florida Personal Injury Lawyers
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What Should I Do To Protect Myself After A Serious Accident
The actions you take immediately after your accident can, in some cases, have a serious impact on the compensation you can ultimately claim for your injuries.
Even if you do not follow the right steps immediately, however, doing your best to follow these steps can make a big difference in your legal right to a personal injury claim.
- Prioritize medical care. Any time you have an accident due to another partys negligence, let a doctor look you over and evaluate the extent of your injuries. A doctors care will both help establish that you do not have further injuries and provide evidence of when your injuries took place.
- Report the accident. If you have a car accident, report the accident to the police. If you have an accident in a store or at work, report it to the relevant entity. Reporting the accident provides a record of when the accident took place.
- Take pictures. If possible, take pictures of the accident scene, from what led to your accident to your specific injuries. Do not put yourself in further danger to collect evidence, but do try to document the scene.
- Contact an attorney. As soon as possible after your accident, get in touch with a personal injury attorney. An attorney can help you learn more about your right to compensation and aid you as you file a personal injury claim. Contact Shiner Law Group today to get started.
Who Pays For Personal Injury Lawsuits In Florida
In any injury case, the at-fault party is usually the direct defendant in the case who will ultimately be ordered to pay damages if you win your case. There may be multiple at-fault parties in a case, and Florida law allows people to sue multiple defendants and apportion blame among each of them. In many cases where a worker was negligent, you can sue the company they work for for the employees negligence, such as when you sue a store for a specific employees mistakes.
Most common injury cases are covered by insurance. Drivers carry car insurance, homeowners have homeowners insurance, business operators carry liability insurance, and physicians carry medical malpractice insurance. In many cases, these insurance companies will actually be the ones to pay damages, not the individual or the company. However, settlements and lawsuits involving large companies such as manufacturers and trucking companies do often see the defendant pay damages directly. As mentioned, employers can also be held liable for their employees actions in many cases, meaning that they pay damages instead of the individual worker.
Talk to a Florida personal injury attorney about whom to sue in your injury case.
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Florida Car Accident Faqs
After a car accident, youve got repair bills, doctor bills, a major disruption in your life, and lots of questions about where you go from here and how you go about filing a claim for no-fault benefits or pursuing full compensation from the at-fault driver. To get you started, here are answers to some of the frequently asked questions we hear at Hale Law as we help people whove been injured in car accidents in Florida. If you have other questions or need to speak with a lawyer about your claim, call Hale Law at 941-735-4529 for a free consultation with an experienced and successful Florida car accident attorney.
What do I need for my car accident claim?
How do you determine what a car accident claim is worth?
There are many different types of legal damages recoverable after a Florida car accident , and many different factors go into calculating a cases settlement value or ultimate worth. Some of the main factors influencing claim value are:
- The nature and severity of your injuries
- The cost of your care
- Costs of anticipated future treatment
- The impact of your injuries on your ability to work
- The impact of your injuries on your quality of life
- Type and amount of insurance coverage
- The quality of the evidence, such as an accident report, witness statements, and what kinds of witnesses the accident victim and negligent driver would make
Are punitive damages available after a Florida car accident?
Can I get no-fault benefits if Im injured as a motorcycle rider?
Florida Personal Injury Lawyer
Dolman Law Groups mission is to fight for you when you need our help, just like its our own family. Our team of experienced legal professionals are committed to providing high-quality content and accurate information. Our content is fact checked and approved by our team of editors and practicing attorneys. Should you find an error within any of our website content, please feel free to contact us to let us know.
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- Florida Personal Injury Lawyer
The underlying purpose of a Florida personal injury lawyer is to compensate individuals who sustained injuries as a result of someone elses negligence. Personal injuries can vary widely and often include traumatic brain injuries , spinal cord injuries, fractures, soft tissue injuries, or even simple bumps and bruises. These injuries often require the assistance of a personal injury attorney.
The best Florida personal injury lawyer for you can help you level the playing field with insurance companies while advising you of your rights. With someone in your corner who has your best interests in mind, you can rest easier and focus your energies on your recovery.
At Dolman Law Group, we offer free consultations for victims of negligence injuries in Florida. We want to discuss what happened and help potential clients understand their rights. We may be able to develop a claim or take their case to trial and recover money damages for them.
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What Tactics Could The Insurance Company Use To Try To Limit The Compensation I Can Receive For My Injuries
Insurance companies may attempt to use a variety of tactics to reduce the compensation you can receive for your injuries, especially in the case of severe accidents and catastrophic injuries, which may have much higher overall costs.
In addition to issuing a low settlement offer immediately after the accident, they may:
What Are The Most Common Personal Injury Lawsuits
The most common Personal Injury cases are car accidents however, dog bites and slip and falls are a close second. Other personal injuries include sexual abuse, wrongful death, denial of civil rights, construction accidents, motorcycle accidents, medical malpractice, professional malpractice, product liability, slander, and damage to property. When you have received an injury to yourself or your property, contact a personal injury attorney.
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My Consultations Are Different
You will feel this difference from the first phone call. IF you have the type of case I normally accept, I will speak with you at length . If I believe you have a potential case after a few preliminary questions, then I will speak with you at length on the phone to answer your questions. We will then schedule an in-person consultation, during which I often spend one to two hours with all of my new clients. Regardless of your experience at other firms, this time is invaluable for helping you understand how to get the highest possible settlement or verdict. Make no mistake, you absolutely can change the value of your case by being proactive! There is no way in the world that speaking with a paralegal or case manager will deliver the same value. Many clients call me after getting the run around from other firms, who put them in call rotations, send investigators to initial brief meetings, and very often never allow them to speak with their attorney. Or, if they do speak with an Orlando personal injury attorney, the conversation is generally short . That might be the norm but that absolutely is not what should happen! If that is what happens from the beginning, how often, and how long, do you think you will ever talk to an actual car accident lawyer?
Your highest settlement or recovery will be my top priority.
Discuss Your Case With Our Injury Law Team
When youve been injured in an accident, you may decide that the right course of action is to hire a personal injury attorney. There are hundreds of personal injury attorneys in Florida, so how do you know youre choosing the right one? There are some factors you should look for when deciding which personal injury attorney is right for you.
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Will I Be Responsible For Any Costs If We Lose At Trial
No. In personal injury matters, the Pendas Law Firm pays all the costs, including filing fees, experts, and discovery costs up front. If we successfully settle your case, or win at trial, we recover our costs out of the settlement or award from a jury. If we are not successful in either settling your case or winning at trial, you will not be responsible for any costs.