Westchester Personal Injury Lawyer

A Top Florida Injury Lawyer

When another person’s negligence, carelessness, or recklessness causes you to become hurt, Florida personal injury law provides you with certain rights. The type of personal injuries that result from accidents range from traumatic brain injuries (TBIs) to fractured bones to spinal cord injuries. You may deserve compensation to help offset the cost of medical treatment and your lost income, but obtaining the fair settlement you deserve is not easy. Our Westchester personal injury lawyer can make the entire process easier while helping you claim the fair damages you deserve.

If you were in an accident and escaped unharmed, you should consider yourself fortunate.  No amount of money from a lawsuit is worth the pain and emotional trauma of a serious personal injury.  If you have suffered a serious injury in Miami, you’ll need the help of the civil justice system.

Contact us to find out how we can help by calling (305) 371-2692.

Receiving compensation following an accident is crucial in recovery. Our team of Miami personal injury attorneys can help you negotiate with insurance companies and others who are responsible parties who may be involved in the incident in reaching a full and fair settlement.

Types of Accidents Resulting in Personal Injury Claims

The majority of accidents are caused by someone’s negligence. As a result, nearly any type of accident can involve a personal injury claim. The possibilities are endless but some of the most common types of accidents that result in personal injury claims are as follows:

• Car accidents
• Bicycle accidents
• Truck accidents
• Motorcycle accidents
• Slip and falls
• Pedestrian accidents
• Boating accidents
• Medical malpractice
• Dog bites
• Wrongful death

Common Injuries in Personal Injury Claims

Another person’s negligence caused an accident, you the injured person may sustain a number of different injuries. The most common of these include:

• Back injuries
• Bone fractures
• Head injuries
• Neck injuries 
• Internal injuries
• Soft tissue injuries
• Brain injuries
• Injuries to the arms and legs
• Chest injuries
• Facial trauma
• Loss of limb
• Spinal cord injuries
• Burns

After suffering any of the above injuries after an accident, it is important to speak to an experienced personal injury attorney. An experienced personal injury lawyer can determine who is liable for devastating injuries, paying the damages you deserve and obtaining the fair settlement you deserve.

What to Do After an Accident in Westchester, FL?

After someone else’s negligence causes an accident, it is natural to feel frustrated and upset. While you may be focusing on their actions, your own immediately following an accident are critical. The steps accident victims take now can greatly strengthen your personal injury claim, but they can also hurt it. The most important steps after any accident are as follows:

• Seek medical attention: It is of the utmost importance that you seek medical attention after suffering any injury. Your injuries may become worse and without medical help, you may even suffer complications, such as infections. Visiting an emergency room after any accident can help prevent these things from happening. Seeking medical attention will also document the nature and severity of your injuries. This evidence is very important when negotiating with the insurance company or at-fault party.
• Do not admit fault: It is natural to apologize after an accident. Perhaps you really do believe you are to blame, or maybe you are simply apologizing that the accident happened at all. Regardless, it is critical that you do not apologize or say you are sorry after an accident. Your words will be taken out of context and the insurance company will use the statement to show that you really are to blame. This will likely result in a lower settlement, or a denial.
• Collect evidence: In order to claim the full damages you deserve, you need strong evidence. This can include photographs of the accident scene and the name and contact information of any witnesses that saw the accident.
• Contact a Westchester personal injury lawyer: You may not be aware of your rights immediately following an accident, or how to claim the full compensation that is justly yours. A Westchester personal injury lawyer can help you exercise your rights and will have the negotiation experience to obtain a fair settlement.

Elements You Must Prove in a Personal Injury Case

Unfortunately, simply stating that someone else acted negligently and you were hurt as a result is not enough when filing a personal injury claim. You must also prove your case. Taking the above steps will help ensure you have the evidence you need to prove four elements of your case. These four elements must be proven in all accident cases and they are as follows:

• Duty of care: Proving that another person owed you a duty of care is fairly straightforward. This only means you must show they owed you a duty of care to act in a manner that would keep you safe. For example, all drivers are required to operate their vehicle in a reasonable manner that keeps other motorists safe.
• Breach of duty: A breach of duty occurs when someone does not provide the proper duty of care. For example, if a driver ran a red light, that is a breach of the duty of care because it is not acting in a reasonable manner that helps keep everyone on the roads safe. 
• Causation: A negligent act on its own is not enough to file a personal injury claim. You must show that the negligent act caused the accident. Using the example above, if the driver ran a red light but did not hit anyone or cause injury, that is likely not enough to file a claim.
• Damages: The purpose of a personal injury claim is to compensate you for any losses you suffered due to the accident. If you did not sustain injuries or suffer other types of harm, there are no damages to claim. You must prove your losses in your personal injury claim.

Common Damages in Personal Injury Claims

You will suffer many losses during an accident. You will suffer serious injuries that may cause you to take time off of work. You may also incur severe property damage, particularly if you were in a serious auto accident. As you focus on recovering from your injuries, you will likely also experience a great deal of pain and suffering. You can include all of these losses and more in your personal injury claim. The most common types of damages awarded include:

• Medical expenses: These damages include medical expenses related to the injury such as surgery costs, medical care, physical therapy, medications, and more.
• Future medical treatment: It is important to reach maximum medical improvement (MMI) before filing an injury claim. MMI is a term used to indicate that while your injuries will not get any worse, they also will not get any better. After reaching MMI, you will have a better understanding of the future medical expenses you will incur, and include them in your claim.
• Lost income: If your injuries cause you to miss time from work, you can include your lost income in the claim. Lost income can also include lost benefits, bonuses, vacation pay, and more.
• Loss of earning capacity: If your injuries are very serious, such as an amputation or paralysis, and they prohibit you from returning to the same line of work in the future, you can also include the income you could have expected to earn, but have now lost.
• Property damage: If you have to repair or replace your car, bicycle, motorcycle, or other personal property after the accident, you can include the cost of doing so in your claim.
• Pain and suffering: You will experience a great deal of physical pain and emotional suffering after an accident and you deserve compensation for it.
• Loss of consortium: If your injuries prevent you from having an intimate relationship with your spouse you can file a claim for these damages.
• Loss of guidance, comfort, and companionship: If your injuries prevent you from having a relationship with your children or other important family members aside from your spouse, you can include damages for loss of guidance, comfort, and companionship.

In rare cases, punitive damages may also be awarded in a personal injury case. Unlike the above types of compensation, punitive damages are not intended to compensate you for your losses. Instead, they are meant to punish the defendant and deter them from behaving in a similar manner in the future.

How Do Personal Injury Claims Work?

Before you can file a personal injury lawsuit in Florida, you will likely have to file a claim with the insurance company representing the at-fault party. Before taking the at-fault party or the insurance company to court, you first try to negotiate a settlement with them.

Filing a personal injury claim notifies the at-fault party that there is potential for a lawsuit. After you have finished medical treatment, as well as any follow-up treatments, your Westchester personal injury lawyer will file your claim. They will also request all medical bills and records from your different treatment providers.

If you were involved in a car accident and the at-fault party was not properly insured, you may have to file a claim with your own insurance company. By doing so, you can receive personal injury protection (PIP) benefits that can help cover the cost of your medical expenses. If the car accident you were involved in was not serious, filing a claim with your own insurer may be enough and you may not have to pursue a fault-based claim.

Once your medical treatment is finished and the medical documents have been collected, your lawyer will then assemble a settlement demand package. The package is then sent to the insurance company representing the at-fault party. The demand package will include a letter of introduction that outlines the monetary settlement you are seeking. The package will also include copies of all future medical bills, records and bills, as well as evidence supporting your claim for lost income.

If the insurance company concedes that the at-fault party was liable, they will make an initial settlement offer. These offers simply get the ball rolling on negotiations. They are usually far too low to fully cover the cost of your injuries and other losses. In most cases, it is recommended that you never accept the initial offer.

Your attorney will then make a counter-offer that is higher than the first offer, but may not be as much as maximum compensation you initially sought in your claim. Negotiations will continue in this manner until a fair settlement is reached or the insurance company and your lawyer reach an impasse.

Negotiations can take just a few weeks, or they may take several months. The amount of time it takes usually depends on the nature of the injuries suffered and the complexity of your case.

The vast majority of personal injury cases settle outside of the courtroom. However, a small percentage of cases, between two and five percent, do have to go to trial. A trial will take much longer, but it is sometimes necessary to obtain the fair damages you deserve. There are many steps in the trial process and they include:

• Pretrial motions
• Depositions, which are statements given under oath
• Jury selection
• Opening statements
• Witnesses are examined and cross-examined
• Relevant evidence is presented
• Jury instructions are given
• Closing arguments
• The jury deliberates
• The jury gives their verdict

For many people, going to trial is very intimidating. Most people have never been through the process before, and they do not know what to expect. Our Westchester personal injury lawyer can provide the strong representation you need and make sure you are fully prepared for the process.

The Statute of Limitations in Personal Injury Claims

There are many laws that govern personal injury claims but one of the most important ones is the statute of limitations. This is the amount of time you have to file your claim. In Westchester, as throughout the rest of Florida, the statute of limitations on personal injury claims is just two years from the date of the accident, or the date that you discovered your injuries.

If you do not file your claim within two years, you will likely forfeit any right you have to compensation. The statute of limitations is very strict and the insurance company, and the courts, will likely throw out any claim that is not filed on time.

Call Our Personal Injury Lawyer in Westchester Today

If you have been hurt due to another person’s negligence, you may have the right to compensation. At the law firm at Dolan, Dobrinsky, Rosenblum, and Bluestein, our Westchester personal injury lawyer can help you through the process, answer your questions, and make sure no mistakes are made. Call us now at (786) 504-7874 or contact us online to schedule a free consultation and to learn more about how we will protect your rights.