Whether your injury is minor or life-changing, our top-rated Fort Lauderdale personal injury lawyers approach each case with the same level of care. The goal of Schilling & Silvers accident and injury law firm in Fort Lauderdale, Florida, is making sure injured victims just like you receive the fair compensation to move forward with your life.
Imagine you are on your way home from the work at the River Reach Condominiums and get in a car wreck with an intoxicated driver going the wrong way on Highway 1. Or perhaps you are involved in a slip-and-fall accident after a handrail gave out outside the busy Gallery at Beach Place Shopping Mall.
The skilled and compassionate personal injury attorneys in Fort Lauderdale at Schilling & Silvers understand the emotional and financial toll that personal injuries can take. Our award-winning legal team is 100% committed to guiding you through the legal process with compassion and professionalism. Call us today at 954.712.8877 for a free, no obligation consultation.
First of all, at its most basic, a personal injury lawsuit is a legal process that allows people who have been injured to seek monetary compensation if and when the injury was the result of someone else’s negligence or wrongful actions. Make sense?
So, how do these injuries happen? Our attorneys at Schilling & Silvers personal injury law firm see these types of situations typically arise from things like:
The way these claims work is that the injured party (plaintiff) must prove that the other party (defendant) was at fault for causing your injury. This requires either you or your personal injury lawyer showing that the defendant had a duty of care, failed to uphold that duty, and caused the injuries directly.
Naturally, the process is way more complex than that, but at it’s most basic that is what you are looking at.
We definitely would not recommend you try to handle your own claim, especially if your injuries are severe. There is simply way too much at risk to do that, and having a knowledgeable attorney from Schilling & Silvers’ will benefit you immensely.
Identifying the responsible party is a core aspect of any personal injury claim. Depending on your circumstances, one of many potential parties may be liable:
It’s crucial to hire an attorney as soon as possible after an accident. In Fort Lauderdale, many factors, including the severity of your injuries and the case’s complexity, can influence when you should seek legal help.
Generally, consulting with experienced attorneys early in the process is wise if you’ve been injured due to someone else’s negligence. This allows the lawyer to gather evidence, deal with insurance companies, and protect your legal rights.
There are specific scenarios where hiring a legal representative is particularly important:
Hiring a skilled legal representative can significantly improve your chances of a successful outcome. Attorneys understand the legal system and know how to navigate the complexities of Florida personal injury law. They can:
If you’ve been injured, it’s best not to wait to consult an attorney early to protect your rights.
Florida follows a legal principle called “pure comparative negligence” in personal injury cases, which also applies to claims in Fort Lauderdale. Under this system, a victim’s compensation is reduced based on the percentage of fault in the accident.
For example, if you are found to be 20% responsible for an accident, your total compensation will be reduced by 20%. This system allows individuals to recover damages even if they share some of the blame, but it also means that your role in the incident can directly affect how much you can recover.
Pure comparative negligence allows a person to recover damages, no matter how much they are at fault. Unlike some states that bar recovery if you’re more than 50% at fault, Florida’s system permits you to pursue compensation even if you are 99% responsible for the accident. However, the amount you receive will reflect your degree of responsibility. If your total damages are $100,000 and you’re 30% at fault, you would still receive $70,000.
Comparative negligence determines how much compensation you will be awarded in a personal injury claim. Insurance companies and opposing parties often try to place more blame on the injured party to reduce the payout. Having a lawyer can help protect you from unfair blame and ensure that your percentage of fault is accurately assessed.
In Fort Lauderdale personal injury claims, understanding how comparative negligence works is crucial to knowing what to expect when pursuing compensation. Even if you’re partially at fault, you can still recover damages, making it essential to seek legal advice from a skilled and experienced Fort Lauderdale personal injury attorney early in the process to safeguard your rights.
In Fort Lauderdale personal injury cases, various state laws and regulations can influence the outcome of your claim. It’s essential to be aware of these laws as they dictate how claims are filed, the timeframe for seeking compensation, and even the amount of damages you may recover.
Familiarizing yourself with these regulations can help you better understand your rights and protect your ability to seek compensation.
One significant law that affects many accident claims in Fort Lauderdale is Florida Statute § 627.736, also known as the personal injury protection (PIP) law. This statute requires drivers to carry a minimum of $10,000 in PIP insurance, designed to cover immediate medical expenses regardless of who is at fault.
However, PIP only covers 80% of medical bills and 60% of lost wages, which may not be enough for those who suffer serious injuries. Understanding how this law works is essential for navigating insurance claims in Florida.
In cases involving a fatality, Florida Statutes Section 768.19 governs wrongful death claims. This law allows the family of a deceased person to seek damages if their loved one’s death was caused by someone else’s negligence or a wrongful act.
The damages in wrongful death cases can include compensation for medical and funeral expenses, lost income, and emotional suffering. Families must understand their rights under this statute, which sets the legal framework for pursuing such claims.
Understanding these laws can significantly affect the outcome of your claim. A knowledgeable personal injury lawyer in Fort Lauderdale can help you navigate these regulations to ensure you receive the compensation you deserve.
Hiring an attorney typically doesn’t require upfront payment, as most lawyers work on a contingency fee basis. This means the attorney’s fee is a percentage of the compensation you receive if your case is successful.
You generally won’t owe any legal fees if you don’t win your case. The standard contingency fee in Florida is usually around 33.33% if the case is settled before trial, though this may increase to 40% if the case goes to court.
Aside from contingency fees, additional costs may be associated with pursuing your claim. These can include court filing fees, expert witness fees, and costs for obtaining medical records.
These expenses are often deducted from the final settlement amount, so discussing them with your lawyer is important. While the costs can add up, the contingency fee model allows you to pursue justice without paying anything out of pocket until your case is resolved.
Compensation in a Fort Lauderdale personal injury claim is generally divided into two main categories: economic and non-economic damages. Each type covers different aspects of your injury and its impact on your life. Here’s what you can expect:
These damages cover the direct financial losses resulting from your injury. They are easier to quantify and include:
These damages are more subjective and address your injury’s emotional and psychological effects. They include:
Understanding these two categories will give you a clearer idea of what to expect in compensation for your claim.
To learn more about the potential damages you can recover and the average settlement value for Florida personal injury claims, contact the legal team at Schilling & Silvers Personal Injury & Car Accident Lawyers today.
In personal injury cases in Fort Lauderdale, “damage caps” refer to the limits set by law on the amount of money the court can award to a plaintiff for certain damages. The state of Florida has unique rules regarding damage caps in personal injury cases.
However, the rules are different when it comes to non-economic damages, which cover intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life. As of now, there are generally no caps on non-economic damages in most personal injury cases.
It’s crucial to note that there is an exception in medical malpractice cases. While there were previously caps on non-economic damages in medical malpractice cases, the Florida Supreme Court declared these caps to be unconstitutional in 2017.
For punitive damages, which the court uses to punish the defendant and deter others from engaging in similar behavior, the damage cap in Florida is generally three times the number of compensatory damages or $500,000, whichever is greater. There are exceptions to this rule under certain circumstances.
For more information on damage caps reach out to the experienced Fort Lauderdale personal injury lawyers at our law firm today. We offer free consultations and there is no fee unless we win your case.
There is a time limit to file an accident or injury claim in Florida, known as the statute of limitations; under Florida Statute § 95.11(3)(a), individuals typically have two years from the date of the injury to file a personal injury claim.
This recent change reduced the previous four-year window, making it crucial for victims to act quickly. Failing to file within this timeframe could result in losing your right to pursue compensation, regardless of the severity of your injuries.
Although most cases must be filed within two years, certain exceptions may extend or shorten the time limit. For example, the deadline may be adjusted if the injured party is a minor or the injury was not immediately discovered.
Additionally, claims against government entities often have shorter time frames and specific notice requirements. These exceptions make it even more important to consult with a legal professional who can help you determine the exact deadlines applicable to your case.
Acting swiftly after an injury is essential to protecting your right to compensation. Waiting too long could limit your ability to seek justice, so it’s wise to start the claims process as soon as possible.
If you’ve been injured in an accident in Fort Lauderdale, Florida, there are many exceptional resources who can provide the care and support you need.
Back to Health Physical Therapy Center: Their team of experienced clinicians dedicate themselves to providing high-quality care to their patients, from back pain, neck pain, joint pain, and more. They are located at 2840 E Oakland Park Blvd, Fort Lauderdale, Florida 33306.
Hernandez Therapy Clinic is a provider of physical therapy and chiropractic services. Their expert team committed to your recovery. Their office is at 2950 W Cypress Creek Rd, Suite 104, Fort Lauderdale, FL 33309.
ProCare Physical Therapy provides a range of therapeutic services to help improve mobility, reduce pain, and support overall wellness. You can find them at 2151 E. Commercial, Suite #305, Fort Lauderdale, FL 33308.
Rio Vista Wellness Center offers patient-centered services to treat total body wellness, designed to get you back to your regular activities safely and efficiently. They are located at 608 SE 6th Street, Suite 1, Fort Lauderdale, FL 33301.
Navigating the aftermath of an accident can be challenging, but the Fort Lauderdale community has resources available to help you on your road to recovery.
Always remember that early intervention and professional care are vital to ensuring the best possible outcome, and you have several options available in Fort Lauderdale.
Schilling & Silvers Personal Injury & Car Accident Lawyers have extensive experience handling personal injury claims in Fort Lauderdale. With a deep understanding of Florida’s personal injury laws and a commitment to fighting for fair compensation, our firm has helped countless clients recover the damages they deserve.
Whether you’re dealing with a car accident, slip and fall, or other serious injuries, we provide compassionate, dedicated representation every step of the way.
Don’t hesitate to reach out to our skilled Fort Lauderdale personal injury attorneys if you or a loved one has been injured due to someone else’s negligence. Contact us today for a free consultation, and let us help you navigate the legal process to get the compensation you need to move forward.
In addition to Fort Lauderdale, our legal team also serves Hialeah, Hollywood, Pompano Beach, Imperial Point, North Andrews Gardens, North Lauderdale, Lauderdale Lakes, Wilton Manors, Coral Ridge, and more.
Practice Areas
Our Personal Injury Law Offices
Fort Lauderdale Office
1700 NW 64th St Suite 460
Fort Lauderdale, FL 33309
(954) 712-8877
Hialeah, FL Office
2300 W 84th St Ste 213
Hialeah, FL 33016
(954) 712-8877
