Margate Personal Injury Attorney

Margate Personal Injury Attorney

Margate Florida, originally founded in the 1950s, boasted a population of more than 53,000 in the most recent U.S. Census. Unfortunately, many of the inhabitants of this quiet and beautiful town are at risk of being injured due to someone else’s negligence. Suffering an injury due to the negligence of another is not only painful, but it is also unfair and costly. While it is true that financial compensation cannot truly undo the harm suffered, it can ease the burden of physical and financial stresses brought on by a personal injury. Our personal injury law firm can help you recover monetary damages to which you are entitled due to a personal injury that results from a car accident, medical malpractice, a slip and fall, dog bite, defective product, or wrongful death.

Damages Available to You

If you or someone you care about has suffered a personal injury and wishes to pursue monetary compensation for damages, it is important to know what types of damages are available in the state of Florida. Compensatory damage awards can consist of both monetary and nonmonetary losses. The purpose of damages is to compensate a personal injury victim for the costs incurred as a result of the injury, whether it is calculated financially or in terms of pain and suffering.

Monetary damages commonly include reimbursement for financial loss such as medical bills, loss of past and future wages, rehabilitation and medication costs, property damage, and the expenses related to remodeling a home or vehicle to accommodate a resulting disability. Nonmonetary damages seek to compensate a personal injury victim for losses that may not be directly financial. These may include pain and suffering, psychological stress, loss of enjoyment in life, mental anguish, or loss of companionship.

Finally, punitive damages may be available to the victim of a personal injury if the burden is met. Under Florida law, punitive damages may not exceed three times the amount of compensatory damages, or $500,000.00 - sometimes more in extreme situations. Punitive damages are meant to punish the wrongdoer and deter future conduct of a similar nature.

Negligence in Florida

Negligence is determined depending on the governing law of the personal injury case. There are three types of negligence theories that may be used by a court when determining how much compensatory damages are owed to a personal injury victim.

  • Strict comparative negligence: This allows for a plaintiff to seek damages even if she or he is found to be partially liable for the injuries suffered. Under this theory, damages are awarded as a straight percentage of the responsibility found for each party.
  • Modified comparative negligence: This negligence theory limits a plaintiff’s ability to file a claim if he or she is found to be more at fault for the accident than the defendant. Typically, the states that follow this rule permit a plaintiff to recuperate losses only if he or she is found to be less than 50% responsible.
  • Contributory negligence: This negligence rule results in an “all-or-nothing” determination. A plaintiff can only be awarded monetary damages if he or she is not found responsible for any portion of the injuries resulting from the accident.

The state of Florida is a comparative fault state. If both plaintiff and defendant are found to have shared the blame for the injuries and damages incurred as a result of the accident, a plaintiff may still be able to recover damages but only proportionate to the amount he or she is not found to be at fault.

Help is Available

The dedicated staff at the Law Offices of Joseph I. Lipsky, P.A. have more than 25 years of experience helping victims of personal injuries obtain the monetary compensation to which they are entitled under the law. Call us today at 954-693-0073 for your no obligation personal injury accident consultation.

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