Personal injury is any circumstance in which a person suffers harm in an accident. If the accident is the result of another party’s negligence, the injured party may be eligible to file a claim or lawsuit to recover compensation. If you or a loved one was injured in an accident caused by another person’s negligence, call a Fort Lauderdale personal injury lawyer at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. for help today: (954) 524-2820.
The attorneys at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. will handle any accident that causes harm, such as:
Car accidents cause countless injuries each year. If you believe another person’s negligence caused your car accident, you may be eligible to recover compensation for your injuries. Examples of negligent behavior might include:
A slip and fall can happen anywhere, such as the following:
You may be eligible to file a claim if you can prove one of the following:
When it comes down to it, property owners must take reasonable steps to ensure their property is free from dangerous conditions that could cause you or another person harm. If they did not take those reasonable steps, they may be liable for your injuries.
Medical malpractice occurs when a patient suffers harm due to a hospital or physician failing to give treatment that meets or exceeds what a reasonable person would consider an acceptable standard of care.
If you sustain injury and can prove that a health care provider was negligent in giving you necessary treatment, you could have the right to file a personal injury case against them.
Injuries from dangerous drugs can be life threatening. If you or a loved one suffered harm from a dangerous drug, you may be able to hold the manufacturer or pharmacy liable for any injuries you or your loved one suffered.
In order to determine if you have cause for a personal injury lawsuit, you must be able to prove four the following four elements.
1. Duty Of Care
According to The Free Dictionary, duty of care is, “a requirement that a person act toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in the circumstances would use.”
In order for you to have a personal injury case, you must first be able to prove that a person’s actions conflicted with what his “duty of care” should have been in a particular circumstance.
For example, drivers have a duty of care to refrain from acting in a way that would case other drivers harm.
Manufacturers have a duty to their consumers to ensure that all products are safe for human use or consumption.
The next element you must be able to prove in order to have a valid personal injury claim is negligence on another person’s behalf.
If a person’s actions do not meet his expected “duty of care,” then an insurer or court of law may consider his actions negligent.
For example, if a driver ran a red light and hit you, an insurer or court will likely find him negligent.
If a property owner failed to repair a broken handrail causing you to fall down the stairs, he will likely be liable for your injuries.
Causation is tied very closely to a person’s negligence in your personal injury lawsuit.
For your claim to hold weight, you must be able to prove that another person’s negligence is directly related to your injury.
For example, if you were walking through the store texting and you tripped and fell, you cannot blame the store for your injury. However, if you were walking through the store and you tripped over a section of torn carpet, you may be able to hold the store liable.
The last thing you must be able to prove in a personal injury case is a form of legally recognized harm (i.e., an injury).
Just having a person acting negligently is not enough. It might sound obvious, but for your personal injury claim to hold weight, that person’s negligence must have actually caused you some form of harm.
For example, if a doctor made an error during surgery, but you did not suffer any harm, you cannot hold the doctor liable.
If you can prove these four elements, you likely have the means for a reasonable personal injury lawsuit.
Filing a claim varies from state to state, as each state has its own “statutes of limitations.”
In Florida, victims have four years to file a claim for personal injury; in the case of a death due to another party’s negligence, surviving family members have two years to file a claim for wrongful death.
To prove another person was responsible for your injuries, you must provide evidence of the negligence. This can include:
If you are able to prove the other party’s negligence, the insurer will likely offer you a settlement to cover damages such as medical bills, lost wages, pain and suffering, and more. If the settlement is enough to cover your past, present, and future damages, your case ends there; however, because insurers are businesses they may lowball your settlement hoping you will accept it.
Our attorneys would never tell you to accept a settlement less than the true value of your case. While we will do whatever we can to keep your case out of court, if we believe there is no other way to recover what you deserve, we are prepared to take your case to court.
If you are in the Fort Lauderdale, Florida area, the personal injury attorneys at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman P.L. can help you get the best possible settlement to help you recoup your losses from a personal injury due to another person’s negligence.
Let us be your path to justice. Contact us today at (954) 524-2820.