We represent injury victims in Davie, Florida, and throughout the state of Florida. A personal injury case seeks compensation for injuries, medical bills, lost wages, and other damages caused by the wrongful acts of another person or business. If you’ve been injured in an accident, it’s important to seek legal help and representation from an experienced personal injury lawyer right away. Florida personal injury law is complicated and there are several statutes and other rules that a personal injury victim must navigate to be successful. The dedicated attorneys at Eggnatz | Pascucci have dedicated their professional practice to successfully helping personal injury victims seek the compensation they deserve.
Why Choose a Davie Personal Injury Lawyer from Eggnatz | Pascucci?
The talented team of personal injury attorneys at Eggnatz | Pascucci has helped hundreds of personal injury victims get paid for the harms and losses caused by a wrongdoer. They are well-versed in all aspects of personal injury law and know how to navigate the complex laws and insurance claim procedures. They have the resources and experience to take a personal injury case to trial, if necessary. While this may not seem like a big deal, it is no secret in the industry that many law firms sign up cases just to refer them out to other lawyers when they do not settle. The lawyers at Eggnatz | Pascucci will handle your legal claim from start to finish, ensuring your case gets the attention and results it deserves. For example, if you are a pedestrian who was hit by a car, our Davie pedestrian accident attorneys can help. Our lawyers are also truck accident lawyers who have experience litigating big rig incidents. If your loved one suffered an untimely death as a result of personal injury, our top wrongful death attorneys in Davie will help you through the emotional time and the complex legal processes. The knowledgeable attorneys at Eggnatz | Pascucci will help you get the justice, settlement, and compensation you deserve.
Personal Injury Law in Davie
Personal injury law governs the process for injured parties to seek redress for injuries suffered due to negligent acts of others. If the defendant is found to be negligent, then he or his insurance carrier are required to pay damages that cover the harms and losses caused by the defendant’s wrongful acts. The goal of personal injury law is to make the injured party “whole again.”
Davie Personal Injury Protection Coverage
Florida is a no-fault state. This means that after a car crash, the injured party initially uses their own auto insurance to treat, regardless of who is at fault. Unfortunately, this initial insurance coverage is limited, does not cover non-economic damages such as pain and suffering, and only covers a percentage of the medical bills. Making a claim against the other driver’s insurance company is typically the best way to seek full compensation for harm and losses caused by a motor vehicle accident. A personal injury lawsuit with a Davie car accident attorney may be appropriate if the incident involves serious injuries or death or if the insurance carrier refuses to fairly resolve the claim.
As a no-fault state, Florida laws require car owners to carry a personal injury protection insurance policy of at least $10,000 in medical and disability benefits and $5,000 in death benefits (Florida Statutes, Section 627.736). While the insurance must cover medical expenses, lost wages, and death benefits, that coverage is limited and typically only covers a fraction of the medical expenses and lost wages. To receive these benefits, an injury victim must seek medical treatment within 14 days from the date of the accident. There are many other hurdles to receiving personal injury protection coverage thanks to the millions of dollars spent by insurance companies to lobby for state laws that restrict an injured person’s rights.
Many times, drivers don’t have the required insurance. In such cases, you’ll need to seek the help of a knowledgeable personal injury attorney to investigate other sources of coverage. One potential source is through an uninsured or underinsured motorist policy. Uninsured Motorist coverage is extra coverage that is purchased by the injured person, a resident family member, or a vehicle owner that provides benefits when the wrongdoer does not carry insurance or has an insurance policy that is not large enough to fairly compensate the injured person. A successful uninsured motorist requires an attorney who not only understands injury law but also contract law.
Negligence in Personal Injury Cases in Davie
The crux of personal injury lawsuits is proving that a wrongdoer was negligent. In most personal injury cases, a jury determines whether a defendant was negligent and whether that negligence caused an injury to the plaintiff. The plaintiff has the burden to prove the following elements:
- Duty of care. As a rule, all individuals and businesses must exercise the ordinary care of a reasonably prudent person or business.
- Breach of duty. A defendant breaches his duty of care if he fails to exercise the ordinary care of a reasonable prudent person or business. For example, if a retail store employee sees that water was spilled on the floor and ignores it, he is not exercising the ordinary care of a reasonable prudent person who would clean up the spill or do something to protect unsuspecting customers from the dangerous condition.
- Causation. A wrongful or negligent act causes the plaintiff’s injury or loss if it naturally produces or contributes substantially to producing the injury or loss. In some cases, a person may have a preexisting condition that is aggravated by an incident. In such cases, the defendant is responsible for the aggravation and resulting additional medical care. This means that even if you had a pre-existing injury, it does not prevent you from pursuing a claim.
- Damages. Damages are the harms and losses that result from a wrongdoer’s bad acts. Damages can be economic damages such as medical bills, lost wages, or repairs to a motor vehicle. Damages also include non-economic damages which do not have defined or capped dollar value. Damages such as pain and suffering, mental anguish, loss of function, and other similar harms are examples of non-economic damages, and the amount of those damages is usually determined by a jury.
Some of these elements may seem simple, but often there are many obstacles to navigate in proving the elements. For example, insurance companies will often argue that an injury victim’s pain is not from a motor vehicle collision, but instead from a preexisting condition. Ensuring a thorough medical work-up and collecting prior medical records are just two examples of how a skilled personal injury attorney can prove the necessary legal elements and ensure that you are fully compensated for your harms and losses.
Comparative Negligence in Davie
Florida follows a modified pure comparative negligence system. This means that the plaintiff may recover damages even if they are partially at fault. If both parties share fault, the award for damages to the injury victim may be lowered based on the percentage of fault. Generally, if a jury finds that a Plaintiff was more than fifty percent (50%) at fault, then the Plaintiff may not be entitled to any recovery. It is important to hire an experienced personal injury attorney early before the insurance company requests to take your statement or use information that you provide to argue that you were negligent. A skilled personal injury attorney understands the importance of fully investigating an incident before telling your story.
Take the First Step Towards Compensation from a Davie Personal Injury Attorney
Personal injury cases cover a myriad of causes of action and intertwined laws. The information provided in this article is a rough outline of the overall scope of personal injury laws, but there is much more to know. If you’ve been injured due to someone else’s negligence, consult with a legal professional to best understand your rights and options.
The skilled Davie personal injury attorneys at Eggnatz | Pascucci know how to investigate an incident, work up a case, and zealously advocate for a fair recovery. They will walk you through every step of the legal process, keeping you informed and prepared. Trust us to get you the recovery that you deserve. Contact us today for a free, no-obligation legal consultation. You can also give us a call at (954) 889-3359 or send us a text message at (954) 289-6961. Trust us to tell your story.