Helping Injured Victims in Hialeah

According to the Centers for Disease Control and Prevention (CDC), there were 40 million emergency room visits in 2021. If you suffered an injury due to another party's misconduct, wrongdoing, or negligence, you have the right to file a personal injury claim to recover compensation for your suffering. While some personal injury cases are straightforward, others can get complex. Liability disputes, gathering evidence, filing paperwork, and dealing with insurance companies are just some of the aspects of a typical personal injury case. That is why it is best to hire an attorney to guide you through the proceedings. You are welcome to hire one of our personal injury attorneys at Tollinchi Law to help with your personal injury claim.

Personal Injury Case Overview

Personal injury claims or lawsuits are a type of civil action brought by an injured party against the party responsible for their injuries. The objective of a personal injury case is to recover compensation for the damages related to the injury such as medical bills and lost wages. The claimant or defendant has to prove that the opposing party was responsible for their injuries. Once liability has been established the parties can settle the case out of court or have a judge or jury render a verdict on how much compensation will be awarded to the injured party.

Common Types of Personal Injury Cases

Personal injury law is a broad field that covers various types of cases ranging from auto accidents to defamation. Here are the most common types of personal injury cases:

• —Auto Accidents: This includes accidents involving trucks, cars, pedestrians, motorcyclists, cyclists, and other road users. It also includes ride-sharing accidents involving Uber or Lyft. Car accidents are the most common type of personal injury case.
• —Medical Malpractice: Any injuries that happened as a result of deviation from standard medical practice could qualify as a case of medical malpractice. The most common causes of such cases include surgical error, misdiagnosis, failure to diagnose, and improper prescription.
• —Product Liability: Any type of defect in a product that leads to an injury is a case of product liability. It could be a design defect, manufacturing defect, inadequate warning about the dangers of the product, or an issue with the components or ingredients of the product.
• —Premises Liability for Slip and Fall Accidents: This type of personal injury case happens when an individual suffers an injury on someone else's property as a result of negligence or wrongdoing by the property owner or manager.
• —Defamation: Defamation cases are a type of personal injury case when spoken or written defamatory remarks cause financial or emotional harm to an individual.
• —Dog Bites: Any type of domestic animal bite that results in an injury can qualify as a personal injury case. It is the responsibility of the owner of the animal to ensure the pet does not cause harm to others.

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 Hialeah personal injury lawyers and law firm can help you out.

What are the Most Common Injuries in Personal Injury Cases?

• —Spinal cord injuries
• —Head injuries, including traumatic brain injuries (TBIs)
• —Soft tissue injuries
• —Fractured or broken bones
• —Cuts and Lacerations
• —Burns

Establishing Liability In Personal Injury Cases

One of the most critical aspects of a personal injury case is establishing liability for the injuries. There could be one or more liable parties in an accident, and you will need to provide evidence to establish liability.

You will need to prove that the party you are filing a claim against had a duty of care toward you, and they breached this duty, which resulted in your injuries. There has to be a direct connection between the negligence or wrongdoing of the opposing party and your injury.

The most commonly used evidence in a personal injury lawsuit includes police reports, medical records, surveillance footage, photos or videos from the accident site, witness statements, and expert testimony.

Statute Of Limitations

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.

Benefits Of Hiring a Personal Injury Attorney

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.