If you have been injured by the careless actions of another person, the law allows you to go after them to seek financial compensation for the losses you suffer as a result. Every person in society is expected to take reasonable care to avoid causing harm to others whom they could contemplate would be harmed by their actions. When you are injured, there can be associated financial losses resulting from your injuries. Medical expenses, lost wages, and mental anguish are damages that a victim can claim from the party legally responsible for their injury. If you have been injured or you have lost a family member as a result of another party’s careless actions or omissions, you should speak to an experienced Miami personal injury lawyer for more information about your legal rights.
- At Zarzaur Law, we are dedicated to representing victims of another’s wrongdoing.
- We are a team of trial-tested personal injury attorneys led by Joe Zarzaur, a Board Certified Civil Trial Specialist recognized by the Florida Bar and the National Board of Trial Advocacy.
- Our practice is completely dedicated to injury and death cases. We are very selective in the cases we take on so that we can focus on quality, not quantity.
If you are looking for a passionate Miami personal injury attorney to help you get justice in your personal injury case, Zarzaur Law can help you. If you are not sure whether you have a legal case, you can take advantage of our free case reviews. At Zarzaur Law, you get a free consultation, and you pay nothing unless we win. To get started, call (855) 447-3563 or visit our website for a free case review.
What is Personal Injury?
Personal injury refers to damage to a person’s body and emotions. Personal injury law is an area of law that allows persons to receive financial compensation for personal injuries caused by the negligence of another person or entity.
A personal injury case is a civil action that is prosecuted by the person injured rather than the state. For example, in a car accident caused by a reckless driver, the driver may face criminal charges for their reckless conduct. If a person is injured in that accident, the driver may also face a civil claim from the victim of the injury. While the objective of the criminal case is to punish the reckless driver on behalf of the state, the objective of the civil claim is not to punish the driver, but to ensure that the victim of the accident does not bear the financial burden of their injuries. Personal injury law is concerned with compensating the victim for the damages they suffer as a result of their injuries.
What is Negligence in Personal Injury Claims?
Negligence is the most common grounds on which a personal injury claim can be brought. Negligence assesses a person’s behavior against the expected level of care in the same circumstances. Every person is expected to take care to avoid causing harm to others by their actions or omissions. The duty to avoid harm is not to the whole world, but to any person who they could reasonably contemplate would be harmed by their actions. For example, a property owner could reasonably contemplate that any visitors to their property would be injured if they slipped and fell on a wet floor.
How Can I Prove Negligence in a Miami Personal Injury Case?
To succeed in a personal injury case, a victim must prove all the elements of negligence in their case. They must prove:
- The defendant owed the victim a duty of care.
- The defendant’s actions or omissions fell below their duty of care in the circumstances.
- The defendant’s actions or omissions caused the victim’s injury.
- The defendant’s action or omission was the proximate or legal cause of the victim’s injury.
- The victim suffered actual damages as a result of their injury.
Failure to prove any one element will be fatal to the victim’s claim.
What if I am Blamed for my Injury?
It is a common tactic for defendants to blame their victims for the injuries they cause. They do this to avoid or reduce legal responsibility for the victim’s injuries. If you have been in an accident and you either feel like you contributed to the accident that caused your injury or are being blamed by the defendant for the accident, do not panic. It is important that you do not admit fault to the other party in any situation before speaking with a Miami personal injury lawyer.
You may still be entitled to compensation even when you bear some responsibility for your accident. This is because Florida follows the comparative fault rule. The comparative fault rule allows victims to recover damages for their injury even if they contributed to their injury. However, the amount of damages recoverable will be reduced by the percent of fault attributed to you. For example, if you suffered damages of $100,000 and you were found to be 10 percent at fault for your injury, your fault would be $10,000 and you would be entitled to receive $90,000.
How Much Time Do I Have to File a Miami Personal Injury Case?
If you suspect that you have a personal injury case, you should take action and speak to a Miami personal injury attorney as soon as possible. There are time limits within which you can file a personal injury case, and the time allowed in your case will depend on the basis of your claim. Generally, the time limit within which you must file your personal injury case in Florida is four years. For cases based on medical malpractice, however, the time limit is two years.
You might be tempted to delay taking action because these time limits seem long, but that would be a mistake. Personal injury cases can be complex and require adequate time to investigate and gather compelling evidence to prove your claim. If you have been injured or you have lost a loved one as a result of the negligence of another person or entity, call Zarzaur Law without delay for a free review of your case.
Personal Injury Services at Zarzaur Law
Our Miami personal injury lawyers are passionate, trial-tested litigators with experience in a wide range of areas including:
- Car and truck accidents
- Boat accidents
- Sporting/bicycle accidents
- Medical malpractice
- Wrongful death
If you are in an accident and need a personal injury lawyer, our experienced Miami personal injury lawyers are here to help. The personal injury team at Zarzaur Law will aggressively pursue your case. There are no fees unless we win.
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