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Written by Mariel TollinchiPersonal injuries in society often occur due to the negligence or malicious intent of others. In a personal injury claim, victims can hold the responsible parties liable for their actions and receive compensation for the damages incurred and other losses.
In a personal injury claim, one must prove that the negligent actions of another resulted in their injury. To do this, personal injury victims need to gather various types of evidence, from witness statements to medical records, police reports, and more. A Doral personal injury lawyer can help you throughout the legal process by protecting your rights and representing your best interests.
Personal injury attorneys in Doral can help you gather the necessary evidence to prove fault and negligence and even assist with negotiations or legal representation in court. Our dedicated personal injury attorneys at Tollinchi Law, can help you seek justice and fair compensation for your troubles.
Contact one of the most distinguished law firms in Doral, FL, today for a free consultation on your case and explore your legal options. Here is what you should know about personal injury claims and how a lawyer can help you out.
Injured in an accident? Get your FREE case evaluation with Attorney Mariel Tollinchi. We're here to fight for you.
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Each state has various laws governing how personal injury claims are processed. In Florida, when someone suffers physical, emotional, or psychological harm due to the negligence, recklessness, or intentional acts of another party, victims are entitled to pursue legal action.
However, they must pursue a claim under Florida's statute of limitations. This law sets a time limit for filing a personal injury lawsuit, which differs depending on what type of claim you are pursuing.
Before March 2023, the statute of limitations in Florida for most personal injury claims was four years. However, since then, Governor Ron DeSantis signed House Bill (HB) 837, which reduced the statute of limitations on personal injuries in Florida from four years to two years.
This means that nowadays, personal injury victims in Florida only have two years from the date of their accident to file a claim legally; otherwise, they are barred from pursuing legal action. An experienced personal injury lawyer can help you pursue a claim even if your statute of limitations has expired, but only under extraordinary circumstances.
Contact Tollinchi Law to learn more. Another important law that governs personal injury claims in Florida, which was also changed in March 2023, is the state's modified comparative negligence system.
Previously, the state of Florida followed a pure comparative negligence system, which allowed individuals to recover damages even if they were 99% at fault for an accident. Now, under the state's modified comparative negligence system, you can still recover damages even if you are partially at fault, but only as long as you aren't assigned 50% or more degree of fault.
When a party is assigned 50 percent or more fault, they are barred from recovering damages. Florida's stricter statute of limitations on personal injury cases and its new modified comparative negligence system place an enhanced burden on personal injury victims as they now have less time to file a claim, gather evidence, and need even better legal representation to avoid receiving a bigger percentage of fault that might bar them from receiving compensation.
This is why working closely with a dedicated personal injury attorney is even more necessary than before, as a personal injury lawyer will help you with your claim, gather evidence, conduct investigations, engage in negotiations, and establish negligence and liability. With the right personal injury lawyers by your side, you increase your chances of receiving fair compensation and creating a compelling case.
Personal injuries can occur in various instances, whether by the willful act of another party or parties or even intentional malicious acts. At Tollinchi Law, our dedicated team of personal injury lawyers engages in the following practice areas of personal injury:
In personal injury cases regarding auto accidents, personal injury victims can use their personal injury protection (PIP) coverage to cover 80% of their medical expenses and up to 60% of their lost wages.
However, if the injuries and other damages are severe, PIP coverage may not be enough to cover the actual costs of the medical bills, out-of-pocket expenses, or lost wages. More than this, PIP coverage does not cover non-economic damages such as pain and suffering.
Regarding premises liability, all property owners have a duty of care to maintain their premises safe and place warning signs should hazardous conditions be present. In the same way, healthcare practitioners must provide a standard of care to their patients and can be held liable for medical malpractice should they fail to do so.
When it comes to a personal injury case revolving around workplace accidents, personal injury victims can file a workers' compensation claim to receive compensation. In some instances, workers have the right to pursue both a workers' compensation claim and a personal injury claim at the same time if they suffer work-related injuries.
Contact Tollinchi Law and have your case analyzed by dedicated and distinguished personal injury attorneys to learn more. In many types of personal injury cases, there may be more than one party that could be held liable for the injuries and other damages you have incurred but at the end of the day, the burden of proof is on your shoulders, and this is where our Doral personal injury lawyers and law firm can help you out.
Establishing liability in a personal injury case is among the most important aspects of any successful case. The injured party, also known as the plaintiff, must successfully prove that the party that caused them harm (the defendant) owed them a duty of care, breached that duty, and that this breach caused them their injuries, resulting in damages.
For example, in an auto accident, drivers have a duty of care to one another and pedestrians while operating on the roads. Their duty of care is to follow traffic laws and regulations and drive responsibly.
Regarding workplace accidents, business owners, managers, or supervisors must properly train their employees, inform them of hazardous conditions, and provide them with adequate safety equipment.
The aspects of care, breach of care, and causal link differ from one personal injury case to another and its particular circumstances. However, establishing these aspects is crucial when seeking compensation as it will determine the types of damages awarded and who is liable.
Call us today at (954) 524-4100 or contact us online using our secure request form to schedule your no-cost, no-obligation consultation.
Every state has laws regarding personal injury cases. This includes laws about the statute of limitations, which defines the maximum time allowed to initiate a legal action. Under Florida Statute § 95.11, the statute of limitations for most personal injury cases in Florida is set at two years from the date of injury. This was reduced from four years when Governor DeSantis signed House Bill 837 in March 2023. Keep in mind that if the case is against a government employee or entity, the statute of limitations might be different. Also, there are some exceptions to the statute of limitations including cases where the victim is a minor or the accident involved a wrongful death. You should consult with a Florida personal injury lawyer to determine which statute of limitations applies to your specific case.
Sustaining injuries in an accident and then trying to recover compensation via a personal injury claim can be a daunting task. You can hire a personal injury attorney to help you through the process. A skilled and experienced personal injury attorney has extensive knowledge about personal law and can advise you on your legal options. They can also use their resources to help gather important evidence to strengthen your case.
With their experience, personal injury lawyers know how to negotiate with insurance companies to help you get maximum compensation and prevent you from falling victim to common pitfalls when dealing with insurance companies. It is in the best interest of the insurance company to reduce their payout so they will try various tactics to entice you to accept a low settlement offer.
Another key benefit of hiring an attorney is that they help expedite the process so you don't get frustrated by the drawn-out process of a personal injury claim in Florida. Lastly, with an attorney handling the legal aspects of your case, you can focus on recovering from your injuries, which can be extremely beneficial to you and your family.
Catastrophic injuries can lead to emotional suffering, debt, uncertainty, and financial losses. It is your right to seek fair compensation for your damages. To schedule a free consultation with a personal injury attorney at Tollinchi Law, please call us. We can seek compensation for your economic and non-economic losses caused by someone else's fault.
Injured in an accident? Get your FREE case evaluation with Attorney Mariel Tollinchi. We're here to fight for you.
Se Habla Español • No Fee Unless We Win
Luchamos por Nuestra Comunidad Latina - At Tollinchi Law, we understand the importance of having legal representation that speaks your language and understands your culture. That's why we have a dedicated team of native Spanish-speaking attorneys and staff who are ready to assist you. We proudly serve Miami's vibrant Hispanic community, offering compassionate and culturally sensitive legal services in both English and Spanish. Whether you're more comfortable speaking Spanish or simply want a Spanish-fluent lawyer who understands the unique challenges faced by Latinos, our team is here to provide you with the support and expertise you need to navigate the legal system with confidence.
I got hit by a distracted driver on the Palmetto and honestly had no idea what to do next. The insurance company was already calling me trying to get me to settle for barely anything. Mariel Tollinchi took my case and explained everything so I actually understood what was happening. She got me way more than I ever expected and covered all my medical bills plus lost wages from missing work. If your in a car accident in Miami, dont even think twice - call them.
-Roberto Fernandez
