Miramar is a city in Broward County, Florida with a population of over 125,000 residents. The city’s official motto is “beauty and progress.” Miramar serves as the headquarters of many corporations, including Spirit Airlines. Some of the city’s top employers include the city government, Premier Beverage, and Comcast of South Florida. Just like people in other cities across the United States, residents and visitors there can be harmed in accidents caused by the careless behavior of others. If you are in this difficult position, we can help. At Frankl & Kominsky, our experienced accident attorneys can help you seek the compensation you deserve for injuries suffered in Miramar and the surrounding region. Some of the legal areas where we have honed our skills include car accidents, motorcycle crashes, truck collisions, wrongful death, medical malpractice, slip and falls, defective products, and nursing home negligence or abuse.Filing a Negligence Lawsuit in Florida
When you have been hurt by the careless actions of another person or entity, you may have legal options to explore. Florida law allows an injured person to hold a negligent party accountable. A successful claim must be built around four central elements. These require the victim to prove that the defendant had a legal duty to exercise reasonable care, that the defendant breached this duty, that the breach directly caused the victim’s injuries, and that actual damages resulted from the injuries.
An example of how a negligence lawsuit could arise is a car accident that happens after a driver fails to yield properly at an intersection. In this situation, a victim might show negligence in the following way. He or she would start by proving that the other motorist had a duty to drive using reasonable care, which includes observing traffic laws. The injured person then would show that the defendant breached this duty of care by failing to yield, as the rules of the road required. Afterwards, the victim would need to prove that he or she would not have been hurt if the other driver had yielded properly. In the final step, the injured person might point to medical bills, damage to his or her car, or other expenses resulting from the crash.
In Florida, if you are found to be partially at fault, you can still collect a portion of your damages. The recovery award will be reduced by your amount of responsibility. This is known as the pure comparative negligence rule. A judge or jury essentially assigns a percentage of fault to each party and then divides damages accordingly. For example, if a victim is 30 percent at fault, his or her compensation will be limited to 70 percent of the accident’s total cost.
All personal injury cases are subject to the Florida statute of limitations, which is a specific time frame during which you must either settle your claim or file it in the appropriate court. If you fail to take legal action within the proper time, you could lose your right to recover damages. For most injury lawsuits, the case must be filed within four years of the date of the accident. In wrongful death cases based on the tragic loss of a loved one, the claim must be brought within two years from the date of the death.Pursuing Compensation in Miramar with the Help of an Injury Attorney
At Frankl & Kominsky, our entire staff is dedicated to protecting the rights of victims in Miramar and throughout South Florida. With many years of experience behind them, our injury lawyers can guide you through the legal process and aggressively spearhead your efforts to hold negligent parties accountable. Your initial consultation is free, allowing you to investigate your legal options without any future obligation. To arrange a case evaluation, you can contact us online or call us toll-free at (855) 800-8000. Our staff is fluent in Spanish and Creole.