Table of Contents

    Sudden injuries can affect all aspects of a person’s life and prevent them from navigating their daily routine. A severe injury might leave you with physical pain and limitations, emotional distress, and financial struggles. Often, people face costly medical bills and lost income following a devastating injury.

    If another person caused an accident that injured you, you should seek help getting compensation. Thankfully, our attorneys can work to hold a negligent defendant accountable for their conduct, and negotiate with stubborn insurance providers.

    For a free case review, call The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. today. Call our personal injury lawyers at (954) noswap568-3636.

    How to File a Personal Injury Claim in Plantation, FL

    Whenever a person or business acts in a way that causes harm, anyone who is injured might have legal cause to file a civil lawsuit. Civil actions differ from criminal proceedings, but they still involve a specific set of rules and procedures.

    Elements of a Civil Injury Case

    To prove that someone else injured you, you need to meet four elements for your claim:

    1. The defendant owed you a legal duty.
    2. The defendant breached that duty by failing to use the proper level of care or skill.
    3. The breach of duty caused your accident and injuries.
    4. The accident resulted in damages that the court can order the defendant to compensate you for.

    These elements make up a civil case for “negligence,” which is the basis of most injury cases. While you can also potentially sue for intentional injuries, most claims such as slip and falls, car accidents, and even medical malpractice are based on negligence.

    “More Likely Than Not” Standard

    To succeed in a personal injury lawsuit, an injured claimant does not need to prove a defendant’s guilt beyond a reasonable doubt as one would in a criminal case. Instead, Florida courts require plaintiffs to prove their case “by a preponderance of the evidence.” This is essentially a “more likely than not” standard – it must be shown to be more likely than not that your claim is true and the other party was responsible for your injuries.

    Process of Filing an Injury Lawsuit in Florida

    In Plantation and throughout Florida, injury cases are usually filed through insurance or through the courts.

    In an insurance claim, you file with the at-fault party’s insurance (or with your own insurance in the case of no-fault car accident insurance). The insurance company will then decide how much your claim is worth, and it is up to your attorney to negotiate for a more appropriate settlement if their initial valuation is too low.

    In court, the jury determines fault and calculates damages. Your case begins with the initial filing, then after rounds of briefing and evidence exchange, the case could potentially move to trial. However, most cases do settle before they ever go before a judge and jury.

    Our personal injury lawyers can help you through both processes, depending on which system is more appropriate in your case. In many cases, both insurance claims and lawsuits are in fact filed.

    Recoverable Damages in Personal Injury Cases in Plantation, FL

    If a claimant prevails in a civil case, a defendant will not face jail time. Instead, a court may order this negligent party to pay monetary damages as compensation for their wrongful actions. Our knowledgeable personal injury attorneys can explain the nuances of personal injury claims and what types of compensation could be recovered from them.

    Often, an injured claimant can pursue recovery of their economic losses, including medical bills, rehabilitation expenses, lost wages, and future lost income. An aggressive and responsive legal team member could also help an injured person seek compensation for their non-economic losses, such as their pain and suffering, reduced enjoyment of daily life, or mental anguish. Although these losses are harder to quantify, an experienced lawyer could carefully evaluate a claimant’s losses and pursue maximum recovery.

    When proving the extent of a plaintiff’s damages, a claim should not only prove a victim’s economic losses but also show how an injury might impact their future. Because catastrophic injuries usually limit someone’s earning or wage potential, you should work with our personal injury attorneys to claim all relevant damages in your case.

    An expert witness’s report may include a value for lost earning capacity and even a calculation to determine the plaintiff’s loss of enjoyment of life. These reports are often helpful for our attorneys to use and can strengthen your claim, especially for complex or difficult-to-prove damages like pain and suffering.

    Types of Personal Injury Claims Our Plantation Personal Injury Attorneys Handle

    The title “personal injury” covers a wide array of legal cases. Anything from work injuries to car accidents to pharmaceutical injuries to slip and falls all fall under this category, and our personal injury lawyers are prepared to help with all sorts of cases.

    Many personal injury cases involve serious or long-term injuries. These most commonly occur in serious car accidents, workplace injuries, falls from heights, and building collapse cases. In any of these cases, our personal injury attorneys can help you seek compensation for your medical expenses as well as the effects you will face going forward. This often includes claiming substantial damages for lost earnings and pain and suffering. Our attorneys can help with brain injuries, spinal cord injuries, amputation injuries, and other life-altering injuries.

    Other injuries involve somewhat common injuries that might range from mild to severe. For example, many accidents can cause bruising, whiplash, broken bones, and strains and sprains. These injuries might not seem particularly severe compared to long-term disabilities, but many could still leave you out of work or with expensive medical bills. Talk to our attorneys today if you suffered any of these injuries in a slip and fall, a low-speed car accident, or some other accident.

    Our personal injury lawyers primarily handle auto accidents, accidents on someone else’s property, and wrongful death cases, but we also handle a range of other personal injury claims as well. No case is too big or too small to call our personal injury lawyers for a free review of your case.

    Evidence to Collect for a Personal Injury Claim in Plantation, FL

    When you have been injured and you are considering filing a personal injury claim, there is some evidence you should collect and bring to your attorney. Our personal injury lawyers can help collect additional evidence beyond this, but sometimes it is important to collect this information right away – if you are able to – rather than waiting until after you call a lawyer.

    First, always get medical treatment for your injuries and save all medical records and bills. Records of your medical care will show that the injuries do in fact exist, and they will show how serious the injuries are. Any medical bills you face will also be important evidence when proving how much your injuries have cost you.

    Second, secure any information, photos, and videos you can of the accident scene. This is especially important in car accident cases where photos and video of the accident can go a long way toward proving your case before a jury. In both car accident cases and other accident cases, evidence of what the weather and lighting were like often plays a part in the case as well.

    Third, get contact information for any witnesses to the accident. Your own testimony will be a big part of the evidence we present in your case, but any other witness statements will also be helpful. If you can get the name and contact info of anyone who saw the accident, our personal injury attorneys can follow up with them.

    If you are unable to collect evidence like this because your injuries are too severe, you should focus on your recovery first and foremost. Part of the service our personal injury attorneys provide is handling your case for you so that you can focus on healing.

    When to Call a Personal Injury Lawyer After an Accident in Plantation, FL

    You should always contact a lawyer about your injury case as soon as you can. Many people face severe injuries after an accident and might not be in a state where they are able to call a lawyer until days or weeks after the accident. If you wish, you can have a friend or family member call on your behalf. The earlier you are able to contact us, the earlier we can begin collecting evidence and building your case.

    In Florida (and in every state), there is an ultimate filing deadline for each case called the “statute of limitations.” For Florida injury cases, the statute of limitations is four years. This means that, at the latest, you have four years from the day of the accident to get your case filed in court.

    Many insurance companies have shorter deadlines, and some situations might use shorter deadlines for filing or notice to the defendant. In any case, you should contact a personal injury attorney well in advance of the four-year deadline to avoid any of these complications. It will take us time to build your case, interview witnesses, collect evidence, and prepare the documents for filing, so call us well before the deadline is necessary.

    Our Plantation, FL Personal Injury Attorneys Can Help

    A serious injury can leave you in a vulnerable position. You are likely overwhelmed by the ramifications of your injuries and might be unsure where to turn. Fortunately, our Plantation personal injury lawyers will provide valuable advice and guidance on the civil litigation process.

    If your injury occurred in a preventable accident caused by another person, our committed and well-practiced legal team could help you seek damages. Get in touch with The Law Offices of David I. Fuchs, Injury & Accident Lawyer by dialing (954) noswap568-3636.

    Client Testimonials

    “…the settlement I received was much higher than anticipated”

    Fuchs was my car accident attorney and was very responsive from the first call. I had medical care the next day and the whole process was smooth. They handled everything with the insurance companies and coordinated all of the necessary medical information. It was a long process and in the end the settlement I received was much higher than anticipated I am more than happy and grateful for the outcome.

    Sean O.
    Google Review
    “Not only did I get the medical attention I needed but I was compensated handsomely.”

    It’s been a long bumpy road to recovery but with David and his office’s help, we finally got it done! Through a great network of professionals, David Fuchs makes a good experience out of what could’ve been quite a headache. Not only did I get the medical attention I needed but I was compensated handsomely. Thank you!

    Giovanni G.
    Google Review
    “…they didn’t settle for anything and my boyfriend and I got what we deserved.”

    I got in an accident in December 2021 when everyone was short staffed and insurance companies was not responsive. My boyfriend reached out to David F. and what a life changing experience. We had the pleasure of having all our worries handed to professional help. They worked diligently on our case, answered questions when asked and kept us updated on changes. More importantly they didn’t settle for anything and my boyfriend and I got what we deserved. I have dealt with others in the past but David got me the most according to the facts presented and never backed down when the insurance companies tried to make us settle for less. Thank you David, Jessica and the team for all your effort and hard work. I will recommend them to family and friends. [They’re] the best in town!

    Sheila N.
    Google Review
    “Best lawyer in Broward County”
    Evans P.
    Google Review
    “Mr. Fuchs and his staff were very helpful.”

    I highly recommend Law offices of David Fuchs. Mr. Fuchs and his staff were very helpful. The case was handled in a timely manner and I was always informed if there were any changes or updates with my case.

    Velouse G.
    Google Review
    “Mr. Fuchs is one of the hardest working attorneys that I know.”

    Mr. Fuchs is one of the hardest working attorneys that I know. He is really good at what he does and puts 110% in you case. I have been using him for 19 years now and refer all my friends to him. I can leave him alone with my case and not call him all the time. I know he is working hard in my case. When he has any information he calls me and we go from there. There are not a lot of attorneys I can do that with! If you have any Personal Injuries please do call him. You won’t be disappointed!!

    Libby E.
    Google Review
    “I would definitely refer to this firm as the go-to Florida personal injury gurus.”

    At first I was afraid…I was petrified! I truly was! But the extensive knowledge, patience and professionalism I received brought me not only such peace and assurance that I was in good hands, but we got through my case like shining stars! David made sure I understood exactly what, when, where, why and [answered] whatever question I had. I would definitely refer to this firm as the go-to Florida personal injury gurus.

    Donna M.
    Google Review
    “They have a wonderful team.”

    …took care of my well-being [and were] very informative about my situation. [T]hey were on the ball when it came down to settling…I highly recommend David.

    Nicholas G.
    Google Review
    “My experience with David Fuchs was awesome.”

    I got a really good return… thank you David Fuchs and staff for being so helpful and working so hard to help us, you are appreciated.

    Yvette W.
    Google Review
    “This is a great law office.”

    The David I Fuchs law office is a group of excellent people that helped to their fullest potential. They treated me with respect and I really appreciate that. This is a great law office.

    Jonathan Z.
    Google Review
    “Never did I imagine myself getting into an accident.”

    It has been an unexpected journey since stepping foot in Florida. Never did I imagine myself getting into an accident. I just want to thank the staff and all the support. The Therapy the doctors; you guys were awesome and made me feel better in my situation. This the first time I ever experience such a thing but I’m blessed , thankful and behind it all DAVID FUCHS who made it happen for me.

    Sade P.
    Google Review
    “They helped tremendously!”

    I would totally recommend David to everyone. They’re extremely professional and work in a timely manner. They helped tremendously!

    A Boone
    Google Review
    “I highly recommend this man.”

    A good man knows, his law 35 years experience. Will get the job done and help you and your family get compensated for you pain and damages. I highly recommend this man. I want to revisit my review and say that Mr. Fuchs always picks up his phone and answer any questions that may pertain to my case. Thank you, David.

    N. Hit
    Google Review
    “He was able to settle my case with little to no trouble and did so in a very professional manner.”

    David Fuchs was my car accident attorney. He was able to settle my case with little to no trouble and did so in a very professional manner. I would highly recommend him to others.

    Samantha D.
    Google Review
    “…all went good and successful. thank you so much for all your help.”

    I got into an accident for the first time and I didn’t know what do or how things works, but I was lucky to find a professional and helpful people to guide through this experience.
    They did take care of my case all went good and successful thank you so much for all your help.

    Karen G.
    Google Review
    “Very professional. Had no problems with communication”
    Zuberi L.
    Google Review
    “He was there every time I called and got me a great settlement.”

    I was in a car accident and looking for a professional, caring attorney.I was fortunate to find Mr. Fuchs, who helped me through the whole process. He was there every time I called and got me a great settlement.

    Joan K.
    Google Review
    “My settlement was fast, fair and professionally handled.”

    Had a car accident and needed an advocate to communicate my concerns through my insurance provider. The law office of David Fuchs, was efficient and thorough. My settlement was fast, fair and professionally handled. Would highly recommend giving this office a call if you need legal assistance.

    Willie M.
    Google Review
    “A+++++ recommended.”

    I want to thank the office of David Fuch’s. A+++++ recommended.

    J. Hernandez
    Google Review
    “I could not have asked for a better team by my side.”

    They were very helpful. I could not have asked for a better team by my side.

    S. Rodriguez
    Google Review
    “They got me my settlement pretty quickly and worked hard on my case for me.”

    I was in an accident mid last year and Mr. Fuchs handled my case and his case manager[s] Yessi and Jessica were very informative as to the process. They got me my settlement pretty quickly and worked hard on my case for me. Mr. Fuchs was extremely knowledgeable and informed me of everything that would happen in my case. I will recommend this firm to my family and friends and i will be using their services in future if need be.

    Pastor D.
    Google Review