Kenneth City, FL Personal Injury Attorney & Car Accident Lawyer
If you or a loved one received injuries in a car accident, motorcycle accident, or DUI-related crash in the Kenneth City area, it is important to understand how Florida law affects your personal injury claim.
You’ll need an attorney to represent your personal injury claim, and hiring a highly trained Kenneth City injury lawyer is a wise choice to make early in your case. Legal counsel can better explain what damages you qualify for and make sure that the insurance companies and at-fault parties who hurt you do not minimize the harm caused or deny what compensation you deserve
Florida Comparative Fault Law and Personal Injury Cases
At its core, the legal definition of negligence is the same everywhere, even under Florida Law. Those who breach their duty of care and cause an accident, as a result, could be held liable financially for the resulting losses and damages. The primary difference is that under state comparative fault laws, plaintiffs and defendants can share in some of the liability for injuries sustained.
Florida Statutes § 768.81 states that if a plaintiff in a personal injury case had any part in the damages caused, their compensation gets reduced in kind. Thus, a plaintiff may recover damages unless they are found 100% at fault for their injuries. This makes the work of an experienced personal injury attorney invaluable. The insurance company and at-fault party will more than likely try to assign some of the liability to you to minimize your recovery. Working with a Kenneth City attorney that has years of demonstrated success handling these types of cases is vital to a favorable outcome.
How is Fault Determined?
In cases of car, truck, and DUI accidents that leave you and your family struggling to pay for the associated medical expenses or cover your lost wages, Florida requires that you carry personal injury protection (PIP) insurance to help offset your losses. PIP covers 80% of your medical bills and 60% of your lost wages until they pay out the cap of $10,000.00. You are able to go after the at-fault party for the 20% and 40% not covered by PIP, respectively, and any damages that exceed your $10,000.00 PIP limit.
It’s not uncommon for litigation to occur in personal injury cases because there are usually several parties involved that may be treated as defendants, including the driver of the vehicle, the owner of the vehicle, any employer of the driver if they were on the clock at the time of the accident, and even insurance companies if they do not properly evaluate your claim.
What Types of Personal injury Damages Can You Be Compensated For?
Personal injury damages can be both economic and non-economic, and the financial compensation you might receive depends heavily on the severity of your projected losses and injuries.
In cases where someone intentionally causes harm or commits acts of gross negligence, the state of Florida may consider awarding punitive damages, though this is rare. Typically, compensation for the actual damages and losses associated with the at-fault party’s action is all that gets ordered.
There is a myriad of compensatory damages that you may receive, and many fall under the following three categories:
Medical Expenses
Accidents involving cars, motorcycles, or DUI-related negligence often leave personal injury victims with a long list of medical costs associated with their care and recovery. Compensation for current and future treatment is critical to your care.
Medical expenses typically covered under personal injury compensation include:
- Surgery;
- MRIs, X-rays, and CT scans;
- Physical therapy;
- Hospitalization;
- Medication;
- Transportation service to appointments;
- Medical devices and prosthesis; and
- Future medical care needs.
Lost Income and Work Capacity
Devastating harm caused by an at-fault party can leave you unable to work while you recover. Worse, you may suffer the loss of your ability to do your job ever again. Where will you make up the income you lost or could have earned if not for the accident? Victims that are unable to go back to their careers may also be able to receive compensation for loss of future wages or earning capacity.
Pain and Suffering
Personal injury cases that have permanent injuries may also qualify for additional compensation for pain and suffering. This type of award often requires the use of a skilled St. Petersburg personal injury attorney to prove several key factors to the insurance company or the court:
- The severity of the injuries;
- Age of the victim;
- Impact of the injuries on the victim’s life; and
- Any additional personal impacts that an injury may have on family, career, and quality of life.
Because Florida law uses comparative negligence when determining liability in these types of cases, it is vital to have an experienced personal injury attorney by your side to prevent the negligent party and their insurance company from minimizing your suffering and damages. Every little bit of responsibility they can deflect onto you saves their bottom line and lessens how much they will have to pay out later.
Talk to a Kenneth City Car Accident Attorney Today
If you or a family member is suffering from injuries caused by a negligent individual’s actions, do not let the insurance company push the blame onto you. You have the right to hold responsible parties liable for their carelessness, and you deserve fair compensation for the harm they have caused you. Working with a knowledgeable Kenneth City personal injury attorney to pursue the damages and losses you have incurred while trying to recover is essential.
As a proud member of the Tampa Bay Trial Lawyers Association, Mr. Marsalisi has consistently succeeded in helping his clients get the personal injury compensation they need to begin the process of recovering medically, emotionally, and financially from their injuries. Our firm is fluent in English and Spanish, allowing you to communicate your questions and get the answers you need. Contact our office online today or call (727) 800-5052 for a free case evaluation to learn what your rights are and how to proceed with your case.
Marsalisi Law is Where Law Gets Personal!
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