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What You Need to Know about Personal Injury Law in Florida

If you were injured due to another person’s negligence, you are entitled to file a civil lawsuit in court to seek compensation for your damages. However, not all personal injury cases will end up in court. The normal course of action involves filing a personal injury claim with an insurance provider. A lawsuit will typically only occur if the insurance company refuses to pay fair and full compensation to the victim. Your attorney can help you negotiate with the insurer for the settlement you deserve and take them to court if they are unwilling to pay what you are owed.

Contact The Miller Law Firm, P.A. at (941) 877-5587 to discuss your rights and options with an experienced personal injury lawyer in Bradenton.

When Do Personal Injury Laws Apply?

An individual is generally eligible to file a personal injury claim or pursue a lawsuit when they have suffered losses from injuries that resulted from an accident that was someone else’s fault. These losses might include the costs of medical bills, lost income when the individual was recovering, reduced earning capacity due to injuries, emotional and physical pain and suffering, and a variety of other economic and non-economic burdens.

There are several situations where personal injury laws apply, including:

  • Accidents caused by someone’s negligent actions, including auto accidents, slips and falls, premises liability, and medical malpractice.
  • Defective products manufactured or marketed by negligent companies that caused harm to someone. These include defective medical devices, vehicle parts, consumer products, and pharmaceutical drugs.
  • Intentional tort cases where one person intentionally harms another, including assault and battery, fraud, and intentional infliction of emotional distress.
  • Defamatory statements that cause harm to another, including harm to one’s personal or professional reputation, financial loss, and emotional distress.

In all of the above instances, a personal injury lawsuit is intended to allow the injured person, or their family in the case of a wrongful death suit, to be financially compensated so they can be made whole again after suffering such harm.

Seek the Maximum Compensation in a Personal Injury Claim

Obtaining the full and fair compensation you need to recover involves a well-crafted legal strategy. Although insurance companies claim to be neighborly and that they are on your side, they are not interested in paying you adequate compensation. One of the biggest mistakes that injury victims often make is accepting the first offer. Because insurance companies are businesses, their job is to protect their bottom line and will often begin negotiations by offering a payment amount that is much less than you need to cover all your bills. However, adjustors assume you won’t actually know what your claim is worth and that you will accept less than you are owed.

Before negotiating with an insurance adjuster, speak with your attorney to calculate how much your claim is worth and keep that specific amount in mind. Your lawyer will handle this process for you. When you choose The Miller Law Firm, P.A., we can accurately determine the value of your claim and negotiate for maximum compensation. As an experienced trial lawyer, Attorney Scott Miller stands ready to take your matter to court if the insurance company doesn’t agree to a fair settlement.

What if There Is a Question of Fault in My Personal Injury Case?

If there is any reason to question who was at fault for your accident, you should hire a lawyer to craft a strong argument on your behalf. Under Florida’s comparative negligence law, your compensation will be affected by your percentage of fault. For example, if you are 30% responsible for an accident and suffered $100,000 in damages, your award would be $70,000. It’s also helpful to know that there is no minimum threshold to meet in order to collect compensation. That means if you were 90% at fault, you could still receive 10% of your losses, which would be $10,000 if your damages equal $100,000.

At The Miller Law Firm, P.A., we’re dedicated to limiting your liability and proving another’s negligence to help you recover the highest payout. Trust our Bradenton personal injury attorney to fight for what you deserve.

Call (941) 877-5587 or contact us online to schedule a free consultation.

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