Carol City Personal Injury Attorney
Carol City is a neighborhood located in Miami Gardens, Florida. Several notable rappers, record producers, and athletes have come out of Carol City. Unfortunately, Carol City like most of Miami-Dade County has a high crime rate and many of its residents and visitors are victims of personal injuries. Personal injury claims can become complicated, especially when it comes to proving who was at fault for the accident. This is because liability is not always so clear and determining who was at fault is vital in assigning responsibility for payment of damages for injuries suffered.Types of Personal Injury Accidents
There are several types of accidents that may be the basis for a personal injury claim. Some, but not all, include:
Car or truck accidents: Damages may be recovered from the at-fault driver, your auto insurance company, the other car’s auto insurance company, or even third parties;
Premises liability: An injury can happen anywhere, from public to private property, and the owner or renter of the real estate may be held liable due to negligence;
Work related injuries: An on-the-job injury may result in workers’ compensation benefits if the victim is an employee. If a contract worker, he or she may sue the employer directly;
Industrial diseases: Permanent injuries often result from exposure to toxic chemicals or environments and the landowner or employer may be held responsible;
Medical malpractice: When a healthcare provider’s services fall below the acceptable standard of care, whether intended or not, the practitioner or the malpractice insurance carrier may be sued for damages.
A plaintiff, or the person seeking payment for injuries, bears the burden of proving an injury occurred due to the fault of the defendant and that the harm suffered is compensable. Often times several types of evidence are introduced in court to support the case including medical records, video footage, photos of the accident, medical bills, as well as other factually relevant information. How much a party is at fault, however, can directly affect damages awarded in a Carol City personal injury claim.
The state of Florida follows a pure comparative negligence theory when determining how to calculate damages in a case. This means that whatever amount a judge or jury finds each party to be at fault in a personal injury lawsuit is directly related to the monetary damages awarded. In other words, if a plaintiff is found to be at fault for the accident, his or her award will be reduced by the percentage amount he or she is found to be to blame. Florida adopted this negligence rule in the 1970s with the reasoning that because accidents are often caused by multiple parties, it is only fair that each party shoulders its portion of the responsibility.We are Here to Help
The skilled attorneys at the Law Offices of Joseph I. Lipsky, P.A. have recovered millions of damages on behalf of injured clients over more than 25 years of its legal practice. Do not try to navigate the legal process on your own if you have suffered a personal injury in Carol City. Call 305-821-7333 today to schedule an appointment with one of our personal injury lawyers.