Florida Personal Injury Damages Attorneys
In Florida, anyone who is injured by the negligent acts of an entity or another person has the right to seek compensation via a civil lawsuit. There are a variety of claims that a person who has suffered injuries can bring, and the damages that the person can recover depend on several factors, including the nature of the claim and when the lawsuit was filed. If you suffered injuries due to another person’s careless acts, it is essential to speak with a skilled personal injury attorney to discuss your next legal steps. Attorney Joseph I. Lipsky is a trusted Fort Lauderdale personal injury lawyer with over twenty-seven years of experience who will work diligently to help you pursue the compensation that you are owed for your harm. Mr. Lipsky helps people injured in accidents pursue Florida personal injury damages.Damages Recoverable in Florida Personal Injury Claims
A person seeking damages in a Florida personal injury lawsuit can recover compensation for medical expenses if he or she presents sufficient evidence. Any expenses sought must be necessary, reasonable, and related to the alleged injury. Additionally, damages for past medical expenses are limited to the amount that was actually paid for the injured person’s treatment. Compensation for future medical expenses is also recoverable if the injured person shows the amount of medical expenses that he or she is likely to incur in the future with reasonable certainty. Generally, expert testimony will be required to prove the medical treatment that the injured person will need in the future.
People pursuing Florida personal injury damages may also be able to recover compensation for lost earnings if they could not work following the accident. In cases in which the injured person’s inability to work is permanent, he or she may be awarded damages for the loss of his or her earning capacity as well.
Punitive damages may also be recoverable in a Florida personal injury lawsuit in limited circumstances. Specifically, an injured person seeking damages must produce clear and convincing evidence that the defendant personally caused the injured person harm through gross negligence or intentional misconduct. In other words, the victim must prove that the defendant had actual knowledge of the inappropriate nature of his or her conduct and understood that it was highly likely to cause harm but pursued that course of conduct regardless. Punitive damages may be sought if you are involved in an accident caused by a drunk or impaired driver.Proving Liability in a Personal Injury Lawsuit
To recover Florida personal injury damages, the injured person and their attorney must first prove that the defendant is liable for the injured person’s harm. Typically, personal injury lawsuits assert a negligence claim against the defendant. Proving that damages were caused by negligence requires the plaintiff to establish that the defendant owed the plaintiff a duty of reasonable care, the duty was breached, and the breach caused the plaintiff to suffer actual harm. Often, the defendant in a personal injury case will deny that he or she should be held liable by arguing that the injured person was at fault for his or her own harm. Florida has adopted a pure comparative negligence rule, however. Therefore, any fault attributed to the injured person will only proportionately diminish the damages that he or she recovers, rather than completely preventing him or her from recovering any damages.Speak With a Capable Fort Lauderdale Attorney About Your Case
Reckless or careless acts cause most types of serious injuries. If you suffered injuries because of the negligence or misconduct of another person or entity, you should speak with a knowledgeable attorney about your injuries and the types of damages that you can pursue. Joseph I. Lipsky works tirelessly to help you collect the full amount of compensation recoverable for your harm. Mr. Lipsky regularly helps seriously injured victims in personal injury cases which happen in Fort Lauderdale and elsewhere in Broward, Orange, Palm Beach, Miami-Dade, and Monroe Counties, including in Orlando, West Palm Beach, Miami, and Key West. We can be contacted at 1-888-352-5298 or through the online form to set up a complimentary and confidential consultation regarding your case.