Understanding Personal Injury Claims in Florida

If you’ve been injured in an accident, navigating the legal landscape can be overwhelming. At Fenstersheib Law Group, we want to ensure you have the information you need to understand your rights and the steps you should take following an injury. This blog post will provide a comprehensive overview of personal injury claims in Florida, from the types of cases we handle to the process you can expect.

What is a Personal Injury Claim?

A personal injury claim arises when an individual suffers harm due to someone else’s negligence or intentional actions. In Florida, these claims can cover a wide array of incidents, including:

• Car accidents
• Slip and fall accidents
• Medical malpractice
• Workplace injuries
• Product liability
• Bicycle and pedestrian accidents

Types of Injuries Covered

Personal injury claims can encompass a variety of injuries, including but not limited to:

• Soft tissue injuries (sprains, strains)
• Fractures and broken bones
• Traumatic brain injuries
• Spinal cord injuries
• Burns and scars
• Emotional distress

Proving Negligence in Florida

In order to win a personal injury claim, you must prove that the other party was negligent. This typically involves demonstrating four key elements:

• Duty of Care: The defendant had a legal obligation to act in a certain way towards you.
• Breach of Duty: The defendant failed to meet that obligation.
• Causation: The breach directly caused your injury.
• Damages: You suffered actual harm or loss as a result of the injury.

How to File a Personal Injury Claim in Florida

Filing a personal injury claim involves several steps. Here’s a general outline of the process:

1. Seek Medical Attention: Always prioritize your health. Document your injuries and follow your doctor’s treatment plan.
2. Document the Accident: Collect evidence, including photos, witness statements, and police reports, if applicable.
3. Consult with a Personal Injury Attorney: An experienced attorney can help guide you through the process and ensure your rights are protected.
4. File a Claim: Your attorney will help you file a claim with the appropriate insurance company or party.
5. Negotiate a Settlement: Most personal injury cases settle before going to trial. Your attorney will negotiate on your behalf.
6. Litigation (if necessary): If a settlement cannot be reached, your case may proceed to court.

Florida’s Comparative Negligence Law

Florida follows a comparative negligence rule. This means that if you are partly at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you are found to be 20% at fault for an accident and your total damages amount to $100,000, you would only be eligible to recover $80,000.

Why Choose Fenstersheib Law Group?

At Fenstersheib Law Group, we understand the challenges you face after an accident. Our team is dedicated to providing personalized service, ensuring that you receive the compensation you deserve. Here’s why we stand out:

• Experience: We have years of experience handling personal injury cases in Florida.
• Personal Attention: We treat every client like family and ensure you are informed every step of the way.
• No Fees Unless You Win: We work on a contingency fee basis, meaning you only pay if we successfully recover compensation for you.
• Proven Track Record: Our results speak for themselves; we have successfully obtained millions in settlements for our clients.

Contact Us Today

Don’t navigate your personal injury claim alone. Let the experienced team at Fenstersheib Law Group help you through this challenging time. Call us at 954-456-2488 or visit our website at www.tellrobert.com to schedule a free consultation. We are here to fight for your rights and get you the compensation you deserve.

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