Get Compensated For The Recklessness Of Others
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Accidents happen. Sometimes they are not our fault and we should legally be compensated for the
recklessness of others. In a personal injury claim you need someone in you corner. Insurance companies often times are concerned just about keeping costs down, not necessarily about your personal interest. If you hire a personal injury lawyer they can help you navigate the paperwork, the insurance companies and bills to get you the best possible settlement.
If you have been injured as the result of the negligence of another in the Tallahassee, Miami or Fort Lauderdale areas a personal injury attorney at Gilbert & Smallman PLLC will get you on the road recovery and fight for the settlement that you deserve. Your injuries may affect you for the rest of your life, so seeking an attorney to assist you with your case makes sense in order to make sure you protect your health and future.
They handle personal injury cases of all types ranging from auto accidents, slip and falls, premises liability, medical malpractice, products liability and wrongful death. Many times you will be facing an insurance company that represents the defendant. They DO NOT have your best interests in mind. DO NOT speak to them about your case without a lawyer. Their jobs are to limit the loss for their company, which means they don’t want to properly compensate you for you claim if they don’t have to. Having an attorney handle your representation is very important when dealing with these insurance corporations.
The following information was gathered on Lawyers.com.
Personal injury cases are legal claims brought by those who are alleging injuries from an accident due to the wrongful or negligent conduct of another person or entity. A viable personal injury claim claim involves proving that the other party had a legal duty to exercise reasonable care and the duty was breached. Typical types of personal injury actions include slip and fall incidents, medical or professional negligence or malpractice, product defect, toxic tort and auto accidents.
In What Jurisdiction Should I File My Claim?
If you need to file an injury claim, Florida requires that you do so in the county where the accident occurred or where one of the defendants resides. If you allege that your damages are valued at less than $15,000, you can file in the county court. Florida circuit courts retain jurisdiction over injury claims valued at more than $15,000. If you file in county court, you risk not recovering more than $15,000, even if a jury verdict awards you more than the court limit.
Statute of Limitations
All injury cases are subject to Florida statute of limitations, a specific time during which you must either settle your injury case or file it in the appropriate court. If you do not do so, you could lose your right to recover any monetary damages. Most Florida injury claims have a four year statute of limitations, although medical malpractice, wrongful death and some other claims must be filed within two years of the negligent act that led to the injury or when the injury should have been detected.
Public entities such as state and county governments or agencies and local municipalities have shorter limitation periods. You must follow strict statutory procedures if you are pursuing a claim against these entities.
Comparative Negligence Laws
If you are found to have partially contributed to the accident in which you were injured, you can still collect a portion of your damages. Florida is a pure comparative negligence state. A jury or judge assigns a percentage of fault to each party, then apportions damages accordingly. For example, if you are 60 percent at fault, your financial recovery is limited to 40 percent of the damages.
What is the Discovery Process?
Discovery is a pretrial procedure in which the parties request and disclose records, information, and documents related to the accident. Both parties can demand answers to interrogatories, which are a series of written questions. You must respond to the questions, or you can object to any that your attorney thinks are improper. Documents might also be requested, such as records of your medical care and expenses, lost income, property damage, photographs, police reports, insurance policies, and other relevant records. You may also be deposed, where you would have to orally answer under oath questions posed by the opposing attorney. The questions can address all aspects of your claim. Your attorney will accompany you and advise you during this process. In many cases, you will have to submit to a medical examination by a doctor of the other attorney choice.
During discovery, both attorneys can agree to mediation. Mediation involves a disinterested third party who attempts to help litigants arrive at a resolution of claims without a costly trial.
Each Miami personal injury attorney from Gilbert and Smallman handle personal injury cases in the state of Florida, focusing on the Miami Dade, Fort Lauderdale Broward, and West Palm Beach areas. If you or someone you care about has been injured by the negligence of another, contact a personal injury attorney at Gilbert and Smallman now for a free case evaluation from each experienced trial lawyer. Each attorney at Gilbert and Smallman will deal with the insurance companies and other applicable organizations so you can focus on your rehabilitiation and treatment for your injury.
The Law Offices of Gilbert & Smallman provides quality representation with proven results to individuals in the South Florida area and Tallahassee.
Broward Office
4601 Sheridan St. #220
Hollywood, FL 33021
Office: (954) 251-3106
Cell: (954) 661-7371
Fax: (954) 404-6003
Miami Office
The White Building
One Northeast Second Ave,
Suite 200
Miami, FL 33132
Office: (786) 863-8568
Cell: (786) 371-4431
Tallahassee Office
909 East Park Avenue
Tallahassee, FL 32301
Phone: (850) 391-7045
Fax: (850) 391-6152
