Personal injury lawyers help injury victims get the compensation they need after an accident. If you faced serious injuries that required extensive medical treatment, then you might have missed time at work and suffered lost wages. On top of this, you could be left with emotional distress and serious mental and physical effects from your injuries.
Our personal injury lawyers fight to get these and other damages reimbursed after a serious accident. We can fight insurance companies to maximize the payouts you are entitled to, but we can also take your case to court and pursue damages in a trial against the at-fault parties if necessary.
For a free review of your potential injury case, contact The Law Offices of David I. Fuchs, Injury & Accident Lawyer’s personal injury lawyers today. Call us at (954) 568-3636.
Types of Personal Injury Claims You Can File in Hialeah, FL
First, it is important to understand what constitutes a “claim” or “case” for personal injuries and how these claims are filed. Second, we will go over the types of claims that our personal injury lawyers typically handle.
Elements of an Injury Case
For a personal injury case or claim to exist, you must have faced injuries in an accident that was someone else’s fault. More specifically, Florida law requires that you prove each of the following elements:
- The defendant owed you a duty
- The defendant breached that duty
- Their breach of duty caused your injuries
- You suffered injuries and damages that the court can have compensated.
Often, the duty element is based on what is objectively reasonable in the given situation. For example, it might be unreasonable for a homeowner to have a loose handrail on their front porch steps or for a store to leave a puddle unattended without a “Caution: Wet Floor” sign. If someone failed to act reasonably and you were injured because of their actions, you likely have an injury claim on your hands.
Note that you also must have damages. If you did not actually suffer injuries or your injuries involve no expenses the court can compensate, you might not have a case.
Filing Insurance Claims and Lawsuits
Many areas of life are covered by insurance. Businesses carry insurance to protect them in case an accident happens related to their operations, homeowners carry insurance to protect them if someone is injured on their property, drivers carry car insurance, and more. In many cases, you can file an insurance claim to get you damages quickly after an accident without the need to go to court.
However, insurance does not always cover your accident. For accidents like slip and falls, insurance companies often deny liability and fight to pay only low-dollar settlements. With car accident cases, your no-fault insurance might cover only a percentage of the damages you faced, and policy limits might cap your damages. In these cases, it is often better to go to court for compensation.
When our personal injury attorneys take your case to court, we can have a neutral jury decide who was at fault and how much your injuries were worth. We can also present evidence of the defendant’s fault and cross-examine their evidence and witnesses to deny any counterclaims or shut down any defenses they might try to use.
It is important not to trust that an insurance claim will handle your damages in full and to never accept a payout or sign away your right to compensation without having a lawyer review your case.
Types of Personal Injury Claims We Handle
Our personal injury lawyers handle a wide range of personal injury cases. Car accidents are perhaps the most common way that people face injuries, and our attorneys are willing and able to help with your car accident case today. We also handle trucking accidents, bike accidents, taxi accidents, and any other auto accident you face.
Additionally, we also help victims of accidents on other peoples’ property get compensation from the property owner. Slip and falls are one of the most common types of these “premises liability” accidents, but we can also help with drowning injuries, dog bite injuries, burn injuries, falls from heights, and other injuries.
Our personal injury lawyers also help with wrongful death accidents. After the death of a loved one in an accident or because of a traumatic injury, you could be left without their income, their companionship, their counsel, and more. You could also be left with expenses for their funeral and burial. In a wrongful death case, you could be entitled to financial compensation for many of these harms.
If your injury case was not listed here, our personal injury lawyers may still be willing and able to take your case.
Damages for Personal Injuries in Hialeah
After an injury, getting compensation for what happened to you will be important. Not only will you likely face expensive medical bills, but your inability to work because of your accident could hurt your ability to support yourself and your family. Getting compensation for these economic damages will be at the core of any personal injury case.
Additionally, damages could be available for your “non-economic” harms. “Pain and suffering” is often the umbrella term used to describe these damages since compensation can be awarded for both the physical and mental effects of the accident. The mental anguish, emotional distress, physical pain, physical discomfort, and other effects can all be compensated.
Many other damages arise as a consequence of the injuries you faced. This can include the cost of hiring help around the house or having someone watch your children while you undergo medical care. Our personal injury lawyers can help you determine what damages you are entitled to and determine the best route to recovering these damages through insurance claims and through the courts.
Call Our Hialeah Personal Injury Attorneys Today
After an accident, seek help from our experienced personal injury lawyers by calling The Law Offices of David I. Fuchs, Injury & Accident Lawyer at (954) 568-3636. We offer free case evaluations.