While a serious personal injury can be considered a personal injury, there can be some significant differences between a common personal injury and a serious personal injury. It is important to understand these differences, especially if you plan to seek financial compensation to cover your damages. Speaking to a licensed lawyer could help you understand your legal rights in pursuing the compensation you may need to pay for medical costs, lost wages from missing work, pain and suffering, and property damage.
At the law firm of Frankl and Kominsky, our distinguished lawyers are committed to protecting the legal rights of injury victims in the Miami area and throughout the state of Florida (by appointment only). We take on injury cases of all kinds, whether they include minor injuries to more serious cases with catastrophic injuries. Our attorneys have more than four decades of combined legal experience and know how to apply state and local laws, along with referring to past cases, to obtain the financial support injury victims need for a healthy recovery. Call our firm any time, 24 hours a day, seven days a week, to schedule a no-cost, initial consultation.
Below, we discuss how Florida law interprets the meaning of a personal injury and how serious injuries can affect individuals, as well as their families. Knowing your rights to seek legal compensation could make a significant difference to the outcome of your recovery process and financial future.
What is Considered a Personal Injury in Florida?
When a person suffers from a physical injury, it is considered a personal injury. It is referred to as a personal injury when someone sustains physical harm to their body as opposed to just their property. However, a personal injury can also include mental, emotional, and property damage, but it must also include the existence of physical harm.
Florida’s negligence laws allow for injured victims to hold someone liable for causing a personal injury. Negligence means that the at-fault party did not act in a way that another reasonable person would have in a similar situation to avoid an injury to him or herself or other individuals in the area. However, as the plaintiff, it is up to you, with the help of your attorney if you hire one, to prove the defendant was indeed negligent and how the negligent activity caused your injuries.
Injury victims could have the right to seek monetary compensation to pay for damages sustained. Damages could include medical bills, lost income from missing work, physical and psychological pain and suffering, and property damage.
To collect funds for a personal injury, the injured party will need to file a personal injury claim against the other party. While most personal injury cases are settled before going to court between insurance companies and lawyers, you may need to file a lawsuit if you do not receive a compensation offer you think you deserve. Having a licensed attorney you can depend on, is highly recommended for these situations.
How Do Serious Injuries Differ From Common Personal Injuries?
One of the biggest differences between a common personal injury and a more serious personal injury case is the complexities that can be involved. Common personal injuries can heal quickly, and settlements are usually finalized in a short period. On the other hand, serious or catastrophic injury cases usually take longer to settle for several reasons.
Before settling any personal injury claim, you want to make sure your injuries have improved to a stable condition. This means that your doctor has determined that your injuries will most likely no longer improve in the future. This will help your lawyer determine the full and fair amount of compensation you may need to make a full recovery – physically, mentally, and financially.
Another reason why serious injury cases may take longer to process is because they usually require a more detailed investigation by your lawyer. A good lawyer will carefully perform a thorough investigation to help you build a strong case in your favor.
Once the investigation is complete, your lawyer will need to accurately calculate your damages and help you come up with a demand letter to give to the defendant’s insurance company. The insurance company can either pay your claim in full or deny your demands and offer you a lesser amount.
Negotiations can go back and forth between the insurance company and your lawyer until an agreement is settled. If you are not happy with the insurance company’s offer, you may need to file a lawsuit and have a judge and jury decide on the outcome. You are never obliged to settle for an amount that you think is unfair.
Remember, no two personal injury cases are exactly alike, and you may not receive the same amount of compensation as another individual who sustained a similar type injury. There are no guarantees in personal injury law, and you may not win any compensation in the end.
Speak to an Attorney With a Proven Track Record
Whether you or someone you love sustained a minor, serious, or catastrophic injury, it may be in your best interest to consult with an attorney who has a proven track record. After consulting with an attorney, you will learn more about your legal rights in seeking the correct amount of compensation you may legally deserve.
At the law firm of Frankl Kominsky Injury Lawyers, our accomplished attorneys have received more than 600+ five-star reviews and testimonials. We have obtained more than $100 million combined in successful verdicts and settlements for our past clientele. Our goal is to help personal injury victims fight for their rights to hold negligent parties liable for their negligence and pursue financial compensation to help pay for medical bills, lost income from missing work, pain and suffering, and property damage.
Call our firm today at no cost to you or fill out a free case evaluation form to schedule a complimentary initial consultation. Allow our dedicated team of legal professionals guide you through the complexities of the personal injury claims process so you can pursue the compensation you may be eligible for.
Contact a knowledgeable lawyer today by calling Frankl Kominsky Injury Lawyers at (561) 800-8000.