Fort Lauderdale Serious Injury Lawyer
No one ever wants to experience a serious injury that leaves them worried over finances or coping with life-altering impairments. Unfortunately, these circumstances can happen as a result of a variety of accidents.
If you have found yourself facing a serious injury and are unsure of what to do next, the experts at Frankl Kominsky Injury Lawyers have you covered. We’re here to tell you about all of the ins and outs of serious injury cases and how to find a lawyer to assist you.What Is Classified as a Serious Injury?
If you are wondering if you have a case to file, it’s important to know what “serious injury” encompasses.
A serious injury is anything that leaves a significant life-altering or long-term impact on the person who was injured. Serious injuries can be one or more of the following:
- Spinal cord or brain injuries
- Diseases that have built up over time
To know if your circumstances qualify as a serious injury, you should consult with your attorney to see if you can file a claim. If you are a family member affected by death or the severe impact, you also may have the right to file to seek justice for the suffering you have experienced.Common Accidents That Result in Serious Injury
One of the most common accidents that can result in serious injury is car accidents. Florida has a specific statute of limitations for filing a lawsuit against the responsible driver, which we will dive into later.
Other accidents that can result in serious injury include, but are not limited to:
- Medical malpractice
- Defected products
- Dog bites
- Slip and falls
- Wrongful death
- Work instances (not to be confused with worker’s compensation)
It’s important to note that when it comes to filing personal injury claims for serious injuries, establishing proof is necessary. Sometimes accidents happen, but it should be easy to prove the negligence of sustaining a serious injury, especially if you have medical proof to show for it.Florida’s Statute of Limitation for Reporting Serious Injury
In Florida, a person has four years from the date of the accident to file their claim. It’s important to note that you should report the accident as soon as possible, so it keeps up with the validity of your claim. If you were to miss your deadline, it’s possible that your case could be dismissed. The longer you wait, the less serious it makes your claim appear to be.
If there is a brief hesitation due to medical treatment, this is different. You should work on reporting your injuries and starting on your claim as soon as you are able to.
There are certain instances where the four-year time clock can be paused or delayed. For example, if the defendant is a minor, there will be a brief delay before you can file the claim until they turn eighteen unless that wait is longer than five years. Another instance for prolonging the claim process is if the defendant has fled the state or become hard to track down. This is why it’s important for you to somehow get the other person’s contact information quickly after the accident if you are able.Can I File a Lawsuit After Sustaining a Serious Injury In a Car Accident?
Car accidents in Florida are trickier than in some other states. Florida has a no-fault rule in place to try and reduce the number of lawsuits filed and court proceedings over car accidents. However, there are limitations set in place that allow for civilians to step out of the no-fault system and file a personal injury claim from a car accident.
The two instances that are allowed to step out of the no-fault system are:
- Medical expenses exceeding a certain limit
- Sustaining a serious injury
The types of serious injury as a result of a car accident that qualifies stepping out of the no-fault system include:
- Life-altering impact
- On-going medical treatment
Car accidents in Florida are easier to navigate with the help of a legal attorney. If you believe you sustained a severe injury in a car accident that warrants stepping out of the no-fault system, speak to your attorney about it today.What Is a Personal Injury Lawsuit?
Personal injury is a legal term that means a person has experienced harm or injury as a result of someone else’s negligence. It is challenging to prove fault in a personal injury case, which is why it is well-advised to hire a legal representative instead of attempting to go through the legal proceedings by yourself.
When you file a personal injury lawsuit, your attorney will be responsible for your case. Over the course of the process, the defendant will have the chance to pay a settlement to right their wrongs. If there is no settlement agreed upon, then your case will make it to court where the jury will be responsible for determining how much you should be awarded.How Are Personal Injury Claims Settled?
There is no timeline for when your personal injury claim will be settled. There are many factors that play into how long your case will take, such as who you are filing against, how easy they are to track down, and if complicated factors are hindering the progression of your case.How Are Personal Injury Settlements Calculated?
Personal injury settlements are calculated by adding up the sum of your economic damages and noneconomic damages then multiplying that number with any number between one to five. Economic damages are physical things that can be added up, such as medical bills, car damages, or time off work. Noneconomic damages are mental or physical sufferings such as trauma, anxiety, or life-long ailments as a result of the accident.
Once the sum of the economic and non-economic damages is added up and multiplied, you will have a settlement estimate amount.What Are My First Steps After Sustaining A Serious Injury?
Unless you are severely hurt, you should get the contact information of the defendant for later use, such as their name, as soon as you can. The immediate thing you should do next is seek medical treatment. Often, people refuse medical treatments that could have actually benefited their case. Your medical records can be used as evidence in your case since the doctor will write a report on your injuries and how they were sustained.
After receiving medical care, you should work on finding a personal injury lawyer to assist you in building your case against the negligent party.When Should I Hire a Personal Injury Lawyer?
You should hire a personal injury lawyer before you make any moves in your case other than receiving the necessary medical care. A hired attorney can be used to speak to your insurance company if they are not awarding you the compensation you feel you deserve as well as guide you on what to do next.
Attorneys are great professionals to hire for legal advice in telling you what direction to take in your case. For instance, they can tell you which settlement amounts to refuse from your insurance company and if you should file a third-party claim against the defendant.
Lawyers can also give you the best indication of what to expect at the end of your case. Since finding a lawyer is not a decision that should be rushed, the hunt for the right lawyer should start as soon as you are able to search for the best lawyer in the Fort Lauderdale area.What Will an Attorney Do For My Serious Injury Case?
Hiring a lawyer is a wonderful investment for your case. While lawyers seem expensive, they are worth it if you are looking for the best result in seeking extra compensation.
A trustworthy lawyer will bring to the table everything your case needs. Lawyers go through rigorous training to know how to understand rules and regulations, the rights civilians have, negotiation tactics, narrative framing, and much more. Then, lawyers obtain first-hand experience in dealing with these kinds of situations.
When you have a lawyer on your side, you can rest assured in the fact that your case is being taken care of by professionals who have your best intentions at heart. It is your lawyer’s responsibility to do all of the communicating and advocating on your behalf.Hire an Experienced Attorney Today
Are you ready to seek the compensation you deserve? Start by contacting Frankl Kominsky Injury Lawyers. We are a law firm that has been helping the residents of Fort Lauderdale, Florida, and other areas for the last four decades (by appointment only).
We are a highly acclaimed law firm with a proven track record of successful cases. It’s our duty to fight for you and bring to light the negligence of the defendant that left you suffering more than you financially and legally should.
If you are ready to make monumental strides in your case, start by calling our firm at (561) 800-8000 or filling out our free consultation form online to leave your contact information. Someone will be in touch with you about setting up your free consultation.
Don’t wait any longer and call us today.