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Injuries Involving Significant/Permanent Loss Of An Important Bodily Function

The more severe your injury is, the higher your compensation is likely to be. These injuries can include loss of motion or function in an extremity, loss of hearing, and more. How much the damage will affect you in your daily life moving forward is also part of the consideration. For example, if it will affect your employment or role as a caretaker.

Injuries Considered Permanent Within A Reasonable Degree Of Medical Probability

An injury that is considered permanent within a reasonable degree of medical probability means that while you can make a full recovery, doctors advise that it is unlikely. These injuries are taken particularly seriously in a personal injury case. If you sustain chronic impairment as the result of another’s negligence, seek justice with the help of a personal injury lawyer near me today.

Injuries Involving Significant/Permanent Scarring Or Physical Disfigurement

You may have an injury that does not impair you physically, yet results in significant scarring or disfigurement. This is often seen in the case of burns and animal attacks, though it may result from any accident. This type of injury can cause psychological trauma, for which you are most likely entitled to compensation.

Death

When death occurs following an accident, it is a tragic event that is incredibly challenging for loved ones. Whether it was the result of a drunk driving accident, medical malpractice, or otherwise, you can seek significant compensation in a personal injury case when suing for wrongful death.

There are many elements of a personal injury case that can affect your settlement. The lawyers at the Weinstein Legal Team examine each of them carefully to ensure you get the largest settlement possible. Below is a list of several circumstances that can help determine the amount you will receive in a personal injury settlement.

Elements Of A Personal Injury Case

In order for a personal injury case in Florida to be viable, it must meet the following four legal standards:

Duty Of Care

In order to have a case, the defendant must have a legal duty of care to the plaintiff. For example, a driver has a legal duty of care to all other drivers. The proprietor of a business has a legal duty of care for the safety of individuals entering their business.

Failure To Exercise Reasonable Care

Once the duty of care has been established, the plaintiff must be able to demonstrate that the defendant breached it. For example, that the driver was careless or that a doctor deviated from sound medical practices.

Causation

The third element of a personal injury case is to show that the defendant’s failure to exercise due care resulted in the accident in question. For instance, a driver running a red light who hits another vehicle caused that accident.

Damages Suffered

The state of Florida allows for economic, non-economic, and punitive damages. Economic damages include tangible costs, such as medical bills, lost wages, etc. Non-economic damages are physical pain and suffering, mental anguish, and trauma. Punitive damages do not have to be established as a necessary element. Rather, they are awarded after the fact to further punish the defendant for egregious negligence or willful actions.

Our attorneys at Weinstein Legal will review your case during the initial free consultation to determine whether all four elements are present. Call today to speak with one of our personal injury attorneys.

The moments after an accident are crucial to both your safety and your recovery. By following these steps, you can help to protect your safety and preserve valuable evidence for your legal case:

Get To A Position Of Safety

Before you take any other action, it’s essential that you preserve your safety. That often means remaining where you are, but if you aren’t physically safe, go to a place where you are.

Check On Injuries

Assess your physical condition and the welfare of others who may have been hurt in the same accident. For instance, if you’re in a car accident, check on your passengers and others who were involved in the accident.

Call 911

When you call 911, the dispatcher will want to know your location, the nature of your emergency, the type of injuries involved, and additional information. Try to remain calm and provide the information that you are able to.

Take Images Or Video With Your Cellphone

For personal injury cases, one of the biggest advantages of the modern age is the ability to preserve accident scene evidence immediately. From a position of safety, take pictures or video of property damage, injuries, debris, the scene as a whole, and any signs or geographic identifying information.

Gather Witness Information

Witnesses often leave after they are sure that accident victims are no longer in peril. Ask witnesses to wait until first responders arrive or ask them for their contact information. Make sure to preserve this information for your attorney and your case.

Allow EMTs To Examine You

If rescue units have been dispatched, allow them to examine you. If they recommend that you go to the hospital, follow their advice. Be sure to follow up with your own doctor. This will establish a baseline for your injuries.

Call the Weinstein Legal Team

Before you file a claim with your insurance company or speak to an adjuster from the at-fault party’s insurer, contact Weinstein Legal to speak with our team of personal injury attorneys. Attorneys at Weinstein Legal can begin representing you immediately and can help you avoid some of the common missteps that accident victims often make. Call now for a free consultation.

In Florida, the statute of limitations for personal injury cases is generally two years from the date of the accident or injury. However, this timeframe can vary depending on the specific circumstances of your case.

It's crucial to consult with a personal injury attorney as soon as possible after your injury, even if you think you have plenty of time. Early action allows your lawyer to gather fresh evidence, interview witnesses while their memories are clear, and ensure all necessary documentation is properly filed. Additionally, insurance companies often try to settle quickly for less than your case is worth, and having legal representation early can protect your interests.

Personal injury victims in Florida can typically recover both economic and non-economic damages. Economic damages include measurable costs such as medical bills (both current and future), lost wages, loss of earning capacity, property damage, and rehabilitation expenses. These damages can be calculated using medical records, pay stubs, and expert testimony about future care needs.

Non-economic damages cover intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and mental anguish. Florida also allows for punitive damages in cases where the defendant's conduct was particularly reckless or intentional, although these are less common and subject to specific caps and limitations.

Most Florida personal injury attorneys work on a contingency fee basis, meaning they only get paid if they successfully recover compensation for you. The standard contingency fee typically ranges from 33% to 40% of the final settlement or court award, with the exact percentage often depending on whether the case settles before filing a lawsuit or goes to trial.

Additionally, most personal injury lawyers offer free initial consultations to evaluate your case, and they typically advance all costs associated with pursuing your claim, such as filing fees, expert witness fees, and investigation expenses. These costs are usually reimbursed from the final settlement, making it possible for injured individuals to pursue justice regardless of their financial situation.

To have a valid personal injury case in Florida, you must be able to prove four key elements: duty of care (the defendant had a responsibility to act reasonably), breach of duty (the defendant failed to meet this responsibility), causation (this failure directly caused your injuries), and damages (you suffered actual losses as a result). A qualified personal injury attorney can evaluate these elements in relation to your specific situation.

Evidence is crucial in establishing these elements, including medical records, witness statements, expert testimony, and documentation of your losses. Florida follows a comparative negligence system, meaning you can still recover damages even if you were partially at fault for the incident, though your compensation would be reduced by your percentage of fault.

The timeline for resolving a personal injury case can vary significantly, typically ranging from several months to several years. Simple cases with clear liability and moderate injuries might settle within 6-12 months, while complex cases or those involving severe injuries could take 2-3 years or longer, especially if they go to trial.

Factors that affect the timeline include the severity of injuries, the clarity of liability, the cooperation of insurance companies, and court scheduling. While it's natural to want a quick resolution, it's often advisable to wait until you've reached maximum medical improvement (MMI) before settling, as this ensures all future medical needs are properly accounted for in your compensation.