If you or a loved one has been in an accident, you may be unsure how to proceed. If you have suffered injuries, physically or mentally, due to someone else’s negligence or intentional action, you may be entitled to compensation. Obtaining legal representation with an experienced Florida law firm and personal injury lawyer can help with this process.
A personal injury law firm will provide you with pertinent information and legal advice for personal injury claims for a variety of personal injury cases, including those related to a motor vehicle accident, slip and fall accident, defective product accident, or various other physical injury accidents. Accidents are common in Davie, Florida, and if someone else’s negligence caused a victim’s injuries, they may be entitled to take legal action to seek financial compensation. The personal injury lawyers at The Ward Law Group, PL have years of experience in personal injury law and will go the extra mile to help you receive the compensation you may be entitled to under the law.
What does a personal injury lawyer do?
Personal injury lawyers help to protect your legal rights by representing your best interests when you have been injured through an intentional act or accident. Personal injury cases in South Florida and throughout the state of Florida are often the result of the negligence of another individual. For example, an injured party could file a personal injury claim if they suffered severe injuries in a car accident that was caused by another driver running a red light.
Personal injury lawyers can help clients receive compensation for their injury by:
- conducting an investigation
- negotiating with the insurance company to prevent them from taking advantage of you
- helping ensure you meet deadlines
- filing your lawsuit
- communicating with the other side on your behalf
Personal injury lawyers work to get compensation for the personal injury needs of their clients by handling their sensitive information in a professional way. These attorneys can help you navigate the process of dealing with insurance companies, understanding medical bills, negotiating a settlement, and ultimately helping you receive the compensation you deserve.
What kind of cases do personal injury lawyers handle?
At Ward Law, our personal injury lawyers handle cases in the Davie area involving bicycle accidents, bus accidents, pedestrians, motorcycle accidents, car crashes, fall cases, truck accidents, medical malpractice, and wrongful deaths.
Our attorneys have decades of legal experience with cases involving serious injuries, such as brain damage and back injuries, as well as cases involving minor injuries, such as bone fractures and concussions. No matter what type of personal injury lawsuit an injured person may pursue, Ward Law can help. We have decades of experience providing personal attention to Davie residents in all kinds of legal matters and practice areas during difficult times.
How common are accidents in Davie, Florida?
Unfortunately, serious accidents are prevalent in the town of Davie, Florida. From 2016 to 2019, there were over 75 fatalities from Davie car accident and road traffic collisions, with roughly 150 people involved.
In Broward County, there were over 34,000 crashes in 2020, and there is over 13,000 crashes already in 2021. In 2020, Broward County had over 600 bicycle crashes and 864 crashes involving pedestrians. Just a few months ago, a 41-year-old male motorcyclist was killed after colliding with a wall on a Turnpike exit ramp in the Davie, FL area. Around the same time, a car crashed into the front of a home of a property owner in Davie, Florida, and the driver suffered injuries.
What is the definition of serious bodily injury?
According to Florida law, “[a] serious bodily injury means an injury to a person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.”
What does Florida’s PIP insurance law mean for me?
Florida’s automobile insurance laws require individuals to have a minimum of $10,000 Personal Injury Protection (PIP). In Florida, the law requires all drivers to have “no-fault” car insurance. The PIP pays for injuries you sustain in an accident regardless of which driver or individual is at fault. However, your claim may exceed the PIP compensation, which is why you may be able to pursue a personal injury claim against the negligent party.
Also, earlier in 2021, Florida’s Senate passed Bill 54, which will repeal the state’s no-fault PIP and instead require mandatory bodily injury coverage for $25,000. If Governor DeSantis signs the bill, it will take effect on January 1, 2022.
What do I do if the person who caused my injuries claims I’m at fault?
If the other party refuses to take responsibility for their own actions, it is vital to preserve the potential evidence early on in your claim. Contacting an attorney immediately after your accident can help you ensure the evidence is preserved. Different types of possible evidence to keep track of and get copies of include:
- medical records
- accident reports, and
- witness testimonies.
The attorneys at Ward Law have extensive experience gathering evidence and can help ensure that you have enough evidence to support your claim. It is also important to contact an experienced attorney to determine if your state has comparative or contributory negligence, which will determine how much compensation you may be entitled to.
How can I prove the other party’s negligence?
Florida law follows pure comparative negligence , allowing individuals to collect damages proportionate to their fault in personal injury cases. This means that you can still recover for your negligence claim even if you were at fault for a percentage of the accident. Your recovery will just be limited to your proportionate fault for the damages. For example, if you were found to be 20% at fault for speeding, and the other party was found to be 80% at fault for sending a text message while driving, you could recover 80% of your damages, and the other party could recover 20% of their damages.
In Florida, there are four elements that a Plaintiff – or claimant – must prove in order to establish a negligence action. The four elements are:
- duty
- breach
- causation, and
- damages.
Williams v. Davis, 974 So. 2d 1052, 1056 (Fla. 2007).
Individuals have a duty of care to act as a reasonable person would under the circumstances and are required to conform to a certain standard of conduct for the protection of others; failing to conform to that duty is a legal liability.
For example, an individual may have a duty to comply with the speed limit, and failure to abide by that limit may be a breach of duty to act reasonably under the circumstances. Additionally, there must be causation or a causal connection between the unlawful conduct and the injury suffered by the claimant; the unlawful conduct may also not be the reason for the accident. For example, if a car was speeding, but the speeding car didn’t cause the accident because another vehicle hit you, there may not be a causal connection. Plaintiffs must prove their claim with evidence, and evidence can prove the other party’s negligence.
Should I see a doctor after an accident even if I don’t feel injured?
Any accident or collision—even a minor slip and fall or a fender-bender—could result in you or your loved one sustaining an injury. Not all injuries are immediately apparent. A broken bone or a head injury may be obvious, but areas like your neck and back are vulnerable to injuries that may develop days or weeks later or after you begin to resume your typical day-to-day tasks. This is why it is critical to see a doctor after an accident, even if you don’t feel immediately injured, because an injury could develop. Medical records can help support your accident claim.
It is essential to remember Florida’s 14-day rule, which requires anyone in an accident to seek medical attention within fourteen days of the accident. If you fail to do so, you cannot pursue a PIP insurance claim under any circumstances. So, even if you feel fine immediately after an accident, you should still make a trip to the doctor within fourteen days of your accident because you never know what injuries may develop over time.
What if someone else’s negligence caused my family member’s death?
If a family member or loved one has died due to someone else’s negligence, you may be able to pursue a wrongful death claim. Wrongful death claims allow an estate and/or those close to a deceased individual to file a lawsuit against the person whose negligence or intentional action caused the death of your loved one.
In Florida, a wrongful death occurs when an individual or corporation causes another’s death by a “wrongful act, negligence, default, or breach of contract or warranty.” Wrongful death lawsuits can be filed by the personal representative of the deceased’s estate. An experienced lawyer with years of experience can help you determine if you are the personal representative of the deceased’s estate.
The statute of limitations for wrongful death lawsuits in Florida is two years from the date of the person’s death. However, if the person’s death resulted from murder or manslaughter—even if the accused was never arrested, charged, or convicted—the statute of limitations no longer applies.
If a plaintiff successfully pursues a wrongful death lawsuit, they will likely receive damages for their loss. Potential damages in wrongful death actions include economic and noneconomic damages, such as loss of consortium or companionship, loss of future income, medical expenses, and funeral costs.
When do I have to file a claim by?
The statute of limitations for negligence lawsuits in Florida is four years from the date of the injury. If you miss your statute of limitations by failing to file your civil lawsuit before the statute of limitations runs out, you will no longer be able to recover compensation for your claim. An experienced personal injury attorney can help ensure you file everything on time. Our legal team at Ward Law can provide legal services to ensure you file everything on time so your injury is not precluded from recovery.
How do I know if I have a case?
If someone else’s negligence caused your injuries in an accident, it would be beneficial to contact an attorney or law firm for a free consultation to determine if you have a legal case.
Whether a case involves traffic accidents, damages to personal property, a victim’s injuries, reckless driving, a medical condition that resulted from medical malpractice, premises liability, a property owner’s negligence, or anything else, legal counsel can help determine if you have a case.
What types of damages can I be awarded after an accident?
Damages are the amount of money or compensation that the injuries associated with your accident cost you. In Florida, there are several categories of damages you may be able to receive compensation for, including:
- Medical damages and any medical expenses for any treatment
- Expected future medical care
- Lost wages
- Loss of wage-earning capacity
- Property losses and property damage – such as your vehicle being destroyed
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life.
These categories of damages are known as compensatory damages, which include both actual damages – those with a defined monetary loss, whether past or future – and general damages – noneconomic damages like mental anguish, which are harder to put a monetary figure on.
Negligence actions also have the potential to receive punitive damages, which are awards that exist to punish defendants that engage in inexcusable behavior, such as intentional or malicious behavior. In Florida, punitive damages are limited to three times the amount of compensatory damages or $ 500,000.
However, it is essential to remember that every personal injury claim is different, and each case is worth a different amount of money. Experienced lawyers will be able to help evaluate the value of your case.
Do I need to hire a personal injury attorney?
Personal injury lawyers can help you manage your claim in many different stages, from dealing with insurance companies to filing your lawsuit and accepting potential settlement offers. Without an attorney, you might not be able to recover nearly as much for your accident, especially in a no-fault state such as Florida.
If you have suffered an accident in Davie, Florida, contact Ward Law today through this website contact form or by phone call. We will provide a free case evaluation to answer all of your questions, discuss your accident, and decide the best course of action for your case and the damages you may be entitled to receive under the law.