A personal injury case may arise after any type of accident that results in injuries or property damage. The main remedy for personal injury claims is financial compensation. If you have sustained injuries or property damage, a West Little River personal injury lawyer from our firm can help you get compensation.
It is the responsibility of the plaintiff or claimant to show how the defendant’s actions or inactions caused their injuries or property damage. We can help gather evidence of another party’s negligence and fight for fair compensation.
When to File a Personal Injury Claim
You may file a personal injury claim or lawsuit after a:
- Slip and fall accident
- Motorcycle accident
- Car accident
- Dog bite
For A Free Legal Consultation With A Personal Injury Lawyer Serving West Little River, Call (888) 352-4878
Our Legal Team Can Handle Your Claim or a Personal Injury Lawsuit
Our personal injury lawyer can outline the demand letter. This is a formal document demanding damages from the liable party’s insurance company. Many insurance companies may settle after verifying that their client was liable.
But in some cases, insurance companies will offer a reduced settlement or deny the claim altogether. A personal injury lawyer will draft a complaint and file it in Florida’s courts. You can file a personal injury claim or lawsuit against several liable parties.
If you are partly at fault for the accident, you can still file a personal injury lawsuit. The court will determine the compensation you receive based on your percentage of fault.
Foundations of Personal Injury Cases
Intentional behavior is the first ground for personal injury cases. You can file a personal injury claim if a person’s intentional behavior causes injury or property damage. For instance, if you are a victim of assault, you can get compensated by the liable party.
The second basis for filing a personal injury claim is negligence. The plaintiff must show that the liable party failed to take reasonable care not to cause harm. Negligence is the most common basis for personal injury claims because liable parties failed to fulfill their duty of care.
Breaching the Duty of Care
You have to prove that the responsible party breached their duty of care to keep you reasonably safe. For instance, road users owe each other a duty of care. Breaching that duty of care amounts to negligence. Examples of negligent acts that lead to personal injury claims in West Little River are:
- Driving while drunk
- A healthcare worker’s mistake resulting in injury
- Not putting up warning signs of a dangerous hazard on one’s premises
- Selling defective products
Regardless of the basis of a personal injury claim, you have to prove that you suffered property damage or injuries. It is important to have documentation of the events that caused your injuries. For instance, always file a police report and seek medical attention.
The medical records and police report allow the liable party’s insurer to determine the damages you can recover.
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The Process of a Personal Injury Case
The first step you have to take to recover damages after suffering injuries is to draft a complaint. The complaint will contain the reason why you want to get compensated. The complaint should have the amount of compensation that you are seeking.
The second step in a personal injury claim is the discovery of evidence. This step may involve depositions that will be useful in the case. A personal injury lawyer with our firm can conduct further investigation into the incident resulting in your injuries.
Your Case May Go to Trial
If the defendant refuses to settle, your case will go to trial. The court will hear the case and the jury or judge will decide the outcome. If the defendant is found liable, the court will award you damages based on:
- The severity of injuries
- Wages lost
- Pain and suffering
- Impact on quality of life
The burden of proof in a personal injury claim rests with the plaintiff. A West Little River personal injury lawyer can examine your case, gather evidence, and prove the defendant’s liability.
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What Sets Our Law Firm Apart
At The Dickstein Law Firm, we afford each of our clients personalized legal care. We will never apply a one-size-fits-all approach to your case. We understand that your case is unique, and we will treat it as such.
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Contact The Dickstein Law Firm Today
Personal injury cases are often settled out of court. But the liable party may offer a low settlement or refuse your claim entirely. A West Little River personal injury lawyer from our firm can fight for fair compensation either through the court or by negotiating with the liable party’s insurer.
Call The Dickstein Law Firm at 1-888-352-4878 today and get a free consultation.