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Do I Have a Case?

January 8, 2024 – Michael S. Herman, Jr., Esq.

Do I Have a Case? - Britto & Herman Law Firm - Jupiter, FL

Do I Have a Case Under Florida Law?

If you have suffered bodily harm due to a traffic accident, condominium or HOA negligence, a slip-and-fall on someone else’s property, or you’ve experienced a brain or spine injury, you may have a valid claim.

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A “Case” Refers to a Claim Under One or More of Florida’s Many INJURY Laws:

Florida’s personal injury laws address a variety of injuries to an individual’s body, emotions, and reputation, including those suffered due to condominium and HOA negligence, car accidents, trucking accidents, bicycle accidents, pedestrian accidents, dog bites, and traumatic brain injury.

On March 24, 2023 Governor Ron DeSantis signed HB 837 into law, significantly transforming Florida’s approach to shared fault in personal injury claims as follows:

  • With the new comparative negligence system, if you bear more than 50% of the blame for the accident, you won’t qualify for compensation.
  • If your fault is determined to be 50% or less, you can still claim damages. However, your compensation will reduce proportionally to your fault percentage.
  • The statute of limitations for filing a personal claim has changed from four years to two years, meaning you must file a personal injury claim within two years of the date of the incident.

Proving Fault and Liability for an Injury Claim

The validity of your case relies on the availability of evidence to establish fault, liability, and causation. Personal injury cases require proof of negligence, which consists of the following components:

  • Duty
  • Breach of Duty
  • Causation
  • Damages

For injury cases due to motor vehicle accidents, proving negligence involves these four key elements. To demonstrate negligence for an injury caused by a motor vehicle collision, the following components must be present:

  • Duty – All drivers have the responsibility to operate motor vehicles in a manner that doesn’t endanger others.
  • Breach of Duty – You must prove that a motorist acted in a way that disregarded their responsibility. For instance, a driver might have failed to yield, followed too closely, or crossed the centerline.
  • Causation – The driver failed to comply with traffic laws, which breached the duty of care, directly causing your injuries.
  • Damages – The traffic accident led to injuries and subsequent damages.

It’s worth noting that the process of proving negligence can be more complex than this simplified explanation. Different injury cases may need to prove specific requirements. For instance, in premises liability claims, you must establish that the property owner knew about a dangerous condition and failed to address it.

Our trial lawyers spent years defending condominium associations and homeowners’ associations in negligence claims, giving us unique insight into how insurance companies and their employees investigate and evaluate these claims. We know how to seek the maximum recovery if you suffered injury due to the negligence of a condominium association or homeowners’ association.

Every accident is unique, and we’re here to listen to your specific circumstances and provide guidance regarding whether there is a potential claim to pursue.

Hiring an Experienced FLORIDA PERSONAL INJURY Attorney

If an insurance company acknowledges its responsibility and is willing to fully compensate for all damages, some injury claims can be resolved directly. However, the majority of insurance companies prioritize protecting their profit margin and seek to settle claims with the least possible payout. That’s why seeking guidance from an experienced personal injury attorney before engaging in any conversations with the insurance company or their representatives is critical.

Insurance companies have dedicated teams of investigators, adjusters, and other professionals — all working to minimize the company’s liability in injury claims. These professionals do not advocate for you or safeguard your legal rights and interests.

To navigate through Florida’s negligence laws and the intricacies of injury claims, you need a team of legal professionals who will relentlessly fight for your interests. Britto & Herman Injury Lawyers is the Voice for Florida Injury Victims. Through dedicated, experienced, and aggressive representation, we have recovered millions in Florida. With over 25 years of combined experience defending HOA and condo cases for insurance companies in Palm Beach County, we understand how the other side operates. Having sat in hundreds of HOA and condo meetings and heard what they have to say, we know what the adjuster wants, and we leverage that knowledge in defense of our clients.

We are renowned for our personalized attention throughout the duration of personal injury cases in and around Jupiter, Florida.

Find Out If You Have a Case During a FREE Case Evaluation

We offer free case evaluations at our centrally located Jupiter office on Indiantown Road, providing a valuable opportunity for you to discuss your concerns with our attorneys and seek the answers you need. Because we serve all Florida counties, we also offer virtual case evaluations and paperless sign-ups. Our personal injury attorneys are available 24/7.

Call Britto & Herman Injury Lawyers today at (561) 835-5555(561) 835-5555 to schedule a free case evaluation with a Jupiter, Florida injury and accident attorney. Rest assured, we only charge a fee when we successfully secure compensation on your behalf.

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