Personal Injury Lawyers In Brevard County
From a slip and fall accident to a catastrophic car crash and beyond, personal injury claims can range in severity and lead to life-altering injuries and damages that affect victims as well as their loved ones. While nobody wakes up in the morning thinking that they might be involved in a serious accident or be injured later that day, a personal injury can happen to anyone at any time.
However, there are a few key aspects that set a personal injury apart from all other accidents, and knowing about these aspects can mean the difference between being stuck paying for bills you did not cause and getting the compensation you need to move forward with your life.
The personal injury lawyers at Grall Law Group, PA, explain how injured individuals may be eligible to recover compensation for their damages after an accident and the ways a Brevard county personal injury attorney can help them. For advice concerning your specific case, contact the Grall Law Group, PA, at 772-569-0000.
What Is A Personal Injury Claim in Brevard County?
A personal injury claim is a type of civil case in which an injured victim seeks monetary compensation for damages resulting from an accident caused by another party. The other party – an individual or even an organization – is held financially responsible for the victim’s damages because it is understood that the victim would likely not have been injured if the at-fault party had employed reasonable care and not acted negligently.
There are a wide variety of accidents that can be counted as personal injury cases. Some of the most common types of personal injuries in Florida include slip and falls, car accidents, motorcycle accidents, trucking accidents, product liability (including defective products and dangerous drugs), medical malpractice, premises liability, wrongful death, and more.
What sets a personal injury claim apart from other types of accidents is that someone else’s negligence is the direct cause of the accident; therefore, gathering sufficient evidence to prove the other party’s liability is essential for a successful claim.
What Do You Need To Prove In A Personal Injury Claim?
Because a personal injury claim is a civil case, it is up to the injured victim (the plaintiff) to collect sufficient evidence and build a strong argument establishing liability and showing that the basic elements of negligence are applicable to their case. These elements are duty of care, breach, causation, and damages.
Duty of care refers to a party’s responsibility to exercise reasonable care in order not to cause harm to others. For example, drivers on the road have the duty of care to comply with all traffic laws in order to keep other road users safe.
A breach of duty of care occurs when a party fails to exercise reasonable care and acts negligently – or fails to take action when needed. If, for instance, a driver decides to get behind the wheel while impaired by alcohol, they are breaching their duty of care and putting themselves and others at risk.
Causation is established by the plaintiff by showing that the defendant’s breach of duty of care was the direct or proximate cause of an accident or hazardous situation that caused the plaintiff to be injured. Finally, the plaintiff needs to document the extent of their injuries and damages directly resulting from the defendant’s breach of duty of care.
An attorney may play an essential role in helping the plaintiff prove all the basic elements of negligence in order to seek fair compensation for their damages.
Can You Be Partially At Fault For Your Injuries And Still Receive Compensation?
Another important aspect to be aware of concerning personal injury claims in Florida is how liability is determined in cases where more than one party may share responsibility for the accident and resulting damages. A plaintiff who may have contributed to their own accident may still be able to seek compensation for their damages – but only to a certain degree.
The state of Florida follows a rule called modified comparative negligence. This means that a person who is partially responsible for their own injuries may still seek recovery, as long as they are not more than 50% at fault.
Their share of responsibility is determined by a percentage, and that percentage ultimately affects their final award amount. For example, suppose you have a vehicle accident claim that is worth $5,000.00, but it is determined that you are 25% at fault.
Your final settlement amount will, therefore, be reduced by 25%, so you will receive $3,750.00. If you were 50% at fault or more, however, you would likely be barred from seeking any compensation.
In short, it is possible to be partially at fault for your injuries and still receive compensation. However, the percentage of fault assigned to you does matter. If you are partially responsible for your own personal injury claim, it is important to work with a skilled personal injury attorney who can build a strong argument in your favor and minimize the percentage of liability assigned to you.
Do You Need An Attorney In Order To File A Personal Injury Claim In Florida?
In Florida, as well as in the rest of the country, most personal injury cases do not require you to be represented by an attorney. The exception is for certain personal injury cases, such as class actions or medical malpractice (in certain states).
That being said, representing yourself in a personal injury claim may not be the best choice for everyone – especially if your case involves the at-fault party’s insurance company.
Insurance companies are well-equipped with their own team of skilled attorneys and adjusters whose job is to find reasons to pay as little as possible to injured claimants or deny claims whenever possible. Without an attorney representing your best interests and protecting your rights as a victim, you would find yourself alone going up against a large insurance company that is ready to do whatever it takes to protect its profits.
Your chances of being successful in your claim and securing full and fair compensation for your severe injuries may be significantly higher by getting legal representation from a skilled personal injury attorneys right from the beginning of your case.
Your attorney can assist you with every aspect of your legal process from start to finish and is better equipped to protect your interests and negotiate with the insurance company on your behalf.
At the Grall Law Group, PA, you can count on our team of seasoned trial lawyers to stand up for your rights and ensure the at-fault party is held financially responsible for your serious injuries. Our Brevard County accident attorney firm has successfully represented countless injured clients in Brevard County and across Florida and helped them pursue compensation for their damages.
If you have a personal injury case or need honest, clear advice for your central Florida injury claim, contact the Brevard County personal injury attorneys at the Grall Law Group, PA, at 772-569-0000 and request a free consultation to discuss your case.