Accidents happen all the time. Thankfully, most of them do not cause significant harm. However, some accidents result in injuries that require the victim to seek medical care and lose time at work. Sometimes, these injuries have a permanent impact on one’s life.
When another party’s careless or reckless conduct causes someone to get hurt, the negligent party is typically responsible for offering financial compensation. If you sustained injuries in an accident, a Miami Gardens personal injury lawyer could help you pursue compensation for your losses. David Fuchs and his dedicated legal team can assess your case, outline your legal options, and help you collect what you deserve.
Why is Calling an Injury Lawyer Important?
Anyone injured in an accident should consult a local attorney as soon as possible. If pursuing a negligence claim is viable in a specific case, legal representation can immediately begin collecting proof while physical evidence is available, and witnesses’ memories are fresh.
In addition, retaining legal representation can help protect against the pressure that insurance companies put on people to settle their case early. When another party is likely responsible for an accident, their own insurance company might approach the accident victim, offering a quick settlement in exchange for a promise not to sue. They could apply pressure tactics if the victim does not immediately accept their offer, which is usually far less than the actual value of the case. An attorney in Miami Gardens could handle all communication with insurers, ensuring they negotiate in good faith for a reasonable settlement that reflects the true value of the personal injury case.
Finally, working with legal representation is important because state laws usually limit the time that a plaintiff has to file a claim. In a negligence action arising from a car accident, for instance, a claimant might have four years to bring an action. However, if one of the defendants was a state or local government, the claimant has only three years and would need to give notice to the government before filing a lawsuit. If the claimant is alleging poor medical treatment, they would typically only have two years to submit their suit.
These deadlines can be a lot to keep track of during the process of recovering from an accident, but a dedicated attorney like David Fuchs can help a plaintiff keep their case on track.
Damages in Miami Gardens Injury Cases
When an individual gets hurt in an accident, the negligent party must compensate this plaintiff for their losses and setbacks. Compensation can be divided into three distinct categories.
Economic compensation refers to repayment for losses with a tangible financial value. For instance, a plaintiff might collect economic compensation for medical expenses, future medical treatment, property damages, and lost wages at work.
Meanwhile, non-economic compensation can repay a claimant for more subjective losses, such as emotional suffering, physical pain, disfigurement, loss of companionship, disability, and lost enjoyment of life. A plaintiff could document their non-economic damages through medical and pharmacy records, testimony, and video evidence of disability.
Finally, Florida Statutes §768.72 allow a plaintiff to seek punitive damages if the defendant’s conduct was grossly negligent or malicious. For example, if a defendant caused a car crash by driving under the influence of alcohol or drugs, punitive compensation might be an option.
When working on a personal injury claim, a Miami Gardens attorney must introduce evidence proving the defendant’s conduct merits a punitive damages award. In most cases, punitive compensation will be equal to three times the sum of the plaintiff’s economic and non-economic damages or $500,000, whichever is more. However, in some cases, courts could award higher amounts.
What Happens After a Fatal Injury?
Tragically, sometimes an injury results in death. In these situations, the family members of a victim can bring a lawsuit against the negligent parties.
A Miami Gardens injury attorney could explain the specifics of a wrongful death lawsuit. In general, the representative of the deceased person’s estate could bring a claim seeking compensation for the losses the family suffered due to their loved one’s death. Family members get the proceeds from these lawsuits. While no amount of compensation can make up for the loss of a loved one, it can help surviving family members deal with funeral expenses and other unexpected setbacks.
Trust Your Claim to a Miami Gardens Personal Injury Attorney
People, businesses, and manufacturers must take reasonable care to ensure they do not harm others. When they do not take adequate care, negligent parties are legally responsible for paying the damages of the people they harm.
A Miami Gardens personal injury lawyer like David Fuchs could help an injured person secure the compensation they deserve. Reach out to discuss your case with a capable legal professional.