Personal Injury Attorney
Couture Law P.A. fights to get you paid
No one expects an accident to happen. Nevertheless, everyone should know what to do in the event of a personal injury or wrongful death. Accidents that are caused by someone else’s behavior and result in injury are generally referred to by lawyers as personal injury cases. Personal injury accidents that cause another person’s death are referred to as wrongful death cases. In either situation, the injured party and their families may be legally entitled to compensation. Florida personal injury attorneys help accident victims receive the compensation they need for resulting expenses and, in some faces, for pain and suffering.
Car accidents in Florida
In the event of a car accident, getting medical attention should be the first priority for all parties. Even those who do not feel injured should receive a thorough examination to rule out internal damage and injuries that may otherwise not cause symptoms right away. After receiving a medical examination, people who are injured in a car accident should contact a Florida car accident attorney. An accident lawyer will determine the facts of the case and advise the accident victim regarding his or her options for receiving compensation for injuries caused by the car accident. Car accident victims in Florida are required to initially file an insurance claim to receive benefits to cover medical expenses and lost wages if the injury causes the accident victim to take time off from work. The injured party may file a claim to receive compensation from other types of insurance, depending on the types of coverage each party has in their insurance policy. Car accidents that involve severe injuries may require compensation beyond the coverage limits specified by the insurance company. Our personal injury attorney can determine the types of coverages that may offer a payout to the car accident victim. The attorney will represent the injured party in settlement negotiations. If the insurance company is unwilling to offer an equitable settlement, the injured party may decide to file a civil claim against the injured party. Our attorney can also help the accident victim file a civil court claim and represent the injured party in court proceedings.
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Florida motorcycle accidents
The exhilarating feeling of traveling at high speeds in the open air makes motorcycles an attractive mode of transportation for sightseeing and commuting around Florida. Unfortunately, motorcycle riders are more susceptible to injury in the event of a crash. Drivers are sometimes unaware of best practices for sharing the road with motorcyclists. In other cases, motorcyclists execute risky maneuvers on the road. Florida accident attorneys are available to represent motorcyclists who are injured in traffic accidents. Personal injury lawyers enlist the help of accident reconstructions and may call on eyewitnesses to establish the other party’s negligent fault in causing the accident.
Personal injury lawyer for truck accidents
Commercial truck accidents differ from other automotive collisions in several ways. Several parties may be liable in commercial truck accidents. Potentially liable parties include the commercial truck company, the truck driver, the cargo loading station, and the manufacturer that produced the involved truck and truck parts. Similar to people who drive passenger vehicles, truck drivers are at a greater risk of causing an accident if they are intoxicated, speeding, distracted, or drowsy. These factors can affect a driver’s perception, judgment, alertness, and reaction time. A driver who has impaired perception may not recognize a potential road hazard. Compromised judgment can cause a driver to create hazards by taking unnecessary risks. Because trucks are much larger than passenger vehicles, commercial truck accidents have a greater potential to cause severe injuries and affect multiple vehicles.
Wrongful death claims
In Florida, the process of filing a wrongful death claim differs significantly from the process in other states. A personal representative must file the claim on the accident victim’s behalf. The personal representative is typically named in the decedent’s will. If the decedent did not have a will at the time of his or her death, the individual’s spouse usually assumes the role of the personal representative. If the individual did not have a spouse at the time of death, the individual’s surviving family members may agree upon a personal representative. The personal representative may file a wrongful death claim on behalf of the decedent and his or her family members. Florida law prohibits the decedent’s surviving family members from directly filing a wrongful death claim. The personal representative and the surviving family members are entitled to receive different types of compensation. A Florida wrongful death lawyer can help wrongful death accident victims’ families understand the process of allowing a personal representative to file a civil court claim on their behalf.
Statute of limitations in personal injury cases
The statute of limitations for most personal injury accidents is four years. Therefore, victims must decide within four years of the date the accident occurred whether or not they will seek compensation in court and actually file the claim. The statute of limitations for wrongful death cases is two years. Under certain circumstances, a court may modify the date by which an accident victim must file a claim. Examples include:
- cases involving fraud
- situations in which the victim is unable to locate the party who is at fault
- multiple causes or defendants caused the victim’s injury
- cases in which it was impossible for the victim to have reasonably discovered the injury within four years of the date of the accident
- the victim was a minor who was unable to realize the effects of the injury at the time of the accident
It is always best to contact a lawyer as early as possible following a personal injury. Beginning the process of seeking legal counsel earlier means your attorney will have more time to investigate the accident, gather evidence, and properly file your claim. If you believe your case may have exceeded the statute of limitations, a Florida personal injury lawyer can determine whether your case may qualify for an exception.
Contact our Florida personal injury lawyer to learn more about options for receiving compensation following an accident. Our attorney will provide a free case evaluation and discuss the best legal options that may be available to you.
How much does a personal injury attorney cost?
At Couture Law P.A. in Melbourne, you won’t pay a penny unless our personal injury lawyers prevail at trial, or procure a settlement on your behalf. This arrangement is commonly referred to as payment “on a contingency basis.” Suffice to say, we’ll help you fight for every dollar for your pain and suffering.
How much time do I have to file an injury lawsuit?
The period of time from the date of the accident until you no longer can file a claim is known as the “statute of limitations.” In Florida, the amount of time in which statutes expire varies by case type. The statute of limitations for most injury cases is four (4) years. For medical malpractice and wrongful death cases, it’s two (2) years. Always err on the side of caution by consulting with your Melbourne personal injury attorney.
Do I have a case?
Because no two cases are alike, Melbourne injury attorneys should gather and analyze all of the facts regarding your case before addressing this question. After tracking down and speaking with witnesses, we’ll give you a fair, honest assessment of your unique situation – and how we can help.