Personal Injury and the Florida Legal System: A Review of Notable Cases

Personal Injury Cases in Florida

Have you ever been injured and thought, “That wasn’t my fault! How am I going to recover from this injury?” There are many instances where a person is injured and incurs emotional, physical, financial, and even spiritual hardship. What the injured person doesn’t know is that there is help available to recover from these hardships. Hiring a personal injury lawyer in Florida can be the key to getting you on the road to holistic recovery. 

What Constitutes Liability in Florida?

So you were injured. Now what? How do you know if you have a personal injury case? The state of Florida requires certain aspects to be met in order to establish another party’s liability. In court, a personal injury lawyer Lake Worth must show proof of the following:

  • The defendant owed the victim a duty of care: The defendant (person at blame) had a duty under the law to take reasonable precautions to avoid harm. 
  • The defendant failed to provide that care: The defendant breached their obligation to protect you by willfully or negligently failing to do so. 
  • Your injuries were caused by their failure: The “proximate cause” of your injury was the defendant’s breach of their duty of care. In other words, but for the defendant’s carelessness, your harm would not have happened.
  • You incurred damages from the injuries: You had measurable losses in terms of money, health, and/or mental well-being. Even if a defendant committed a negligent act, you cannot file a lawsuit if you did not sustain any losses.

Personal Injury Cases in Florida

Are you still unsure if your injury would qualify? Below are some examples of personal injury cases in Florida to help you understand the types of cases that have been tried successfully in the state:

Morgan v. Wal-Mart: This case involves a woman seriously injured in a Walmart parking lot after falling into a pothole. The lawsuit alleged that Walmart was negligent in maintaining the parking lot and failing to warn customers of the hazardous condition. This case can be found at 166 F.3d 1075 (5th Cir. 1999).

Colson v. Miami-Dade County: This case involves a woman injured in a car accident caused by a malfunctioning traffic signal. The lawsuit alleged that Miami-Dade County was responsible for maintaining the signal and failed to do so, resulting in the accident. This case can be found at 124 So. 3d 346 (Fla. 3d DCA 2013).

Perez v. Allstate Insurance: This case involved a man who was seriously injured in a car accident and sought to recover underinsured motorist benefits from Allstate Insurance. The case went to trial and resulted in a significant award for the plaintiff. This case can be found at 70 A.D.3d 1183 (N.Y. App. Div. 2010).

Paz v. Universal Studios: This case involves a woman injured on a ride at Universal Studios. The lawsuit alleged that Universal Studios was responsible for the ride’s design and failed to properly maintain it, resulting in the plaintiff’s injuries. This case can be found at 264 Cal. App. 4th 249 (2019).

Valencia v. Brightline: This case involves a woman injured in an accident involving a Brightline train. The lawsuit alleged that Brightline was responsible for the accident and failed to take adequate measures to protect passengers. This case can be found at 273 F. Supp. 3d 1350 (S.D. Fla. 2017).

Liability will depend on the particulars of the case but know that negligence is to blame for the majority of accidents. It can be difficult to establish negligence and who is responsible for your injuries. A personal injury attorney Lake Worth will carry out a comprehensive investigation to gather evidence and, if required, will hire an expert to reconstruct the accident to determine who is responsible for what happened.

The at-fault party will normally have liability insurance so that you will make a claim, and the at-fault person’s insurance company will decide who is responsible. The insurance may determine that their policyholder is at fault after thoroughly reviewing the facts, and they can then make you an offer of settlement. On the other hand, you and your lawyer might decide to file a personal injury case so the court can make the decision if responsibility is disputed. 

We Can Help You Prove Liability

Adolphe Law Group will help you determine and gather evidence to prove another party is liable for your accident. Contact us today to speak to a highly-skilled Florida personal injury lawyer in a free consultation.

How Long Do Personal Injury Cases Take To Settle?

How Long Do Personal Injury Cases Take To Settle

When an accident leaves you hurt, with astronomical medical bills and no way to get back to work, you start to worry about how your personal injury case will turn out. The injured party may be negatively impacted by how long it takes for the litigation to be resolved. Technically, the matter can be resolved in a few days, but this is a very unusual circumstance. The resolution of personal injury claims could take months or even years.

Additionally, based on the severity of the accident, you could need to proceed through many legal stages, each of which will be distinct based on the circumstances.

The Pre-Suit Process

You should not make this decision carelessly because it is an important one. A number of factors need to be considered before suing the defendant. It involves compiling information and witness testimonies, speaking with a personal injury lawyer in Florida, and figuring out the harm you have endured.

You can find out if you have a case and what damages you might be able to receive from a personal injury attorney in Florida. They can also assist you in gathering proof, filing a case, and figuring out the costs of your suffering, including medical bills, lost wages, and pain and suffering.

Filing the Lawsuit

If you have sustained serious injuries, filing a lawsuit might be your best course of action. You must factor in the price of your medical expenses and the time you missed at work.

Finding a lawyer with experience in personal injury claims is crucial since not all attorneys are equally qualified. The length of a personal injury case may largely rely on the type of claim made; the trial alone may last a few days or up to 40 days. The trial is just one part of the total process of a lawsuit.

Defendant Responses

The defendants in a lawsuit will have a set length of time to respond to the claims made in the complaint. Their answer will include a description of their defense and, if applicable, a counterclaim against the plaintiff. You can better comprehend the procedure and what to anticipate from the opposing party with the aid of a personal injury lawyer. Your chances of getting a favorable result will be significantly increased by hiring an experienced attorney.

Investigating the Case

For uninitiated parties, the discovery phase of any personal injury case is crucial. Each side researches the topic and works to develop a compelling argument at this stage.

Each party has the option to gather further evidence, seek documents, and conduct depositions (interviews) during discovery. It is a crucial step because it enables the plaintiffs to obtain tangible proof of the defendant’s negligence.

In many instances, the plaintiffs are able to locate possible witnesses who might support their case, and the defendants are also able to compile material to bolster their defense and attempt to undermine the plaintiff’s case. The length of this phase varies depending on the jurisdiction.

Lawsuit Trial

An individual may bring a personal injury lawsuit to seek compensation when they are hurt due to the negligence of another. If the dispute is not resolved, a court trial will be held. The plaintiff and defendant present the jury with their case and offer supporting evidence. The jury will then debate to decide whether the defendant was negligent and, if so, how much the plaintiff should be compensated in damages.

It can be a difficult procedure, so it’s crucial to have a knowledgeable Florida personal injury lawyer assisting you.

Conclusion

You should contact an accomplished personal injury attorney as soon as possible if you sustain any personal injuries in an accident. A Florida personal injury attorney will explain your legal options and help you navigate the court system.