The personal injury team from The Dickstein Law Firm is here to help you get the compensation you deserve if another person’s careless or reckless behavior caused your Key West injuries. In Florida, personal injury laws provide a way to hold someone financially accountable for any injuries that occur because of their negligent behavior. We can help you identify the liable party, build a strong case against them, and fight for the full payout you need and deserve.

Call us at 888-352-4878 for a free case evaluation with a personal injury lawyer in Key West.

In This Article

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Recoverable Damages After a Key West Personal Injury Accident

We fight for the best outcome possible in every case, working to get the maximum settlement or award available for each client. To this end, we fully investigate every case. This includes collecting evidence to prove the full value of your damages. We need copies of your bills, receipts, and any other proof of your losses.

By providing documentation of your damages, it gives us leverage to seek the largest payout possible. While damages can vary from case to case, some of the most common we recover for our clients include:

  • Medical expenses;
  • Ongoing care costs;
  • The cost of home health care or long-term care facilities;
  • Wheelchairs, lifts, and other accessibility needs;
  • Home renovations for accessibility;
  • Lost wages;
  • Future lost benefits and income;
  • Property damage, including vehicle damages after a crash;
  • Pain and suffering; and
  • Other related expenses.

If we have to take your personal injury case to court, we may also ask the judge to award you punitive damages. These damages punish the negligent party for particularly reckless or intentional actions. While they are not available in every case, they can easily surpass the value of your other damages in cases where the court feels they are appropriate.

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The Personal Injury Claims Process

We do not usually have to file a lawsuit to recover the money you need and deserve after an accident. We are not afraid to do this, if it is the best way to get you full compensation, but it is only rarely necessary. In most cases, we can settle a personal injury claim before we ever get to that step.

When we investigate an accident, we collect all possible evidence and ensure we have a solid case to prove the other party’s negligence. This allows us to file a third-party liability insurance claim and demand a fair payout.

Depending on how and where your injuries occurred, we might file a claim based on the other party’s:

  • Business liability policy;
  • Homeowner’s insurance policy;
  • Auto liability coverage; or
  • Another insurance policy, such as boat insurance.

When we file a claim and demand a fair payout, the insurance company usually responds with a settlement offer. We can counter their offer and begin the negotiation process for fair compensation. Usually, we are successful in getting our clients the money they deserve at this point.

If the insurance company refuses a fair settlement or denies your claim, we can file a personal injury lawsuit against the insurer and the person who caused your accident and injuries. Often, this will motivate the insurer to increase its settlement offer and we are able to get you the money you need without ever presenting your case to the judge. If not, we will take your case to court and ask the judge to award you a full payout.

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The Role of Negligence in a Florida Personal Injury Case

Almost all personal injury accidents occur because someone else acted negligently. The only way we can successfully file a personal injury claim or win a lawsuit is to prove they were careless, reckless, or unreasonable—and this caused your injuries. We cannot collect compensation on your behalf unless we can prove the four elements of negligence:

  1. The at-fault party had a certain duty to keep you safe;
  2. They failed, putting you at undue risk of injury;
  3. This directly caused your accident and injuries; and
  4. You suffered financial damages.

Depending on how your injuries occurred, there will be specific evidence available to help us prove your case. We know where to look for the evidence we need to build a strong case for you. Some of the most common evidence includes:

  • Police incident reports;
  • Accident reports from the business where the accident occurred;
  • Witness testimony;
  • Surveillance video of the incident;
  • Photos of the scene; and
  • Your medical records and other documentation of your injuries.

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Common Personal Injury Accidents and Injuries

Personal injuries can occur in an almost limitless number of ways. If you believe someone else’s careless or unreasonable behavior caused your injuries, we can evaluate your case and offer advice on your right to compensation. While we can handle any type of personal injury case, some of the most common we see include:

  • Slip and falls;
  • Car wrecks and truck accidents;
  • Bus crashes;
  • Motorcycle accidents;
  • Pedestrian and cycling accidents;
  • Premises liability accidents;
  • Pool accidents, including diving and drowning incidents;
  • Boating accidents;
  • Nursing home abuse and neglect;
  • Defective product injuries; and
  • Dog bites.

Deadline for Filing Personal Injury Lawsuits

Florida law puts a four-year deadline on filing a personal injury lawsuit. However, we also need to file an insurance claim before this time limit expires. Our option to file civil litigation provides key motivation for the insurance company to offer a fair settlement. If an insurer knows we cannot take the case to court, it has little incentive to pay the full compensation you deserve.

If you believe the at-fault party might be a government agency, it is even more important to act quickly. When the liable party is a government agency, the deadline to notify them of your accident and injuries is much shorter. In some cases, it can be as little as a few months.

Talk to a Personal Injury Lawyer in Key West About Your Case

If you suffered injuries in an accident or incident that occurred due to someone else’s negligence, you may be eligible to file a personal injury claim to recover money to pay your medical bills and other expenses. At The Dickstein Law Firm, we can help you identify the liable party, navigate the claims process, and recover the maximum payout possible based on the details of your case.

Call us today at 888-352-4878 for your free case review and consultation. We will handle your claim on a contingency basis, so you do not pay legal fees until we win your case.