Suffering an injury in an accident is always a traumatic experience. However, no matter how the injury occurred, you must prove that another party’s actions caused your losses in order to be compensated. Proving these cases can be more difficult than it first appears. While some legal analyses are relatively simple, such as those that follow a car accident, others can be more complex.
If you have suffered an injury because of the action of another party, a Cocoa Beach personal injury lawyer may be able to help you. The highly experienced team at our law firm can be your ally in this difficult time as you attempt to hold the negligent party accountable.
The vast majority of personal injuries that give rise to claims for damages are the result of accidents. even though this harm may have been unintentional, liable parties must still be held accountable for any harm done to the plaintiff. Typical examples of personal injuries that a Cocoa Beach attorney handles include:
In most of these cases, a plaintiff must prove that a defendant’s negligence caused their losses. However, injured individuals must remain aware of the state’s law concerning modified comparative negligence. Because of Florida Statute § 768.81, if a court believes that a victim is more than 50 percent to blame for an accident, the court cannot award any compensation. A Cocoa Beach personal injury attorney could help individuals to pursue their claims for compensation following an accident.
There is also a limited time to pursue a case. On March 24, 2023, the state’s new statute of limitations went into effect. Plaintiffs who were injured before that date still have a four-year statute of limitations to file, while those injured after that date have only two years.
The other source of personal injuries that can give rise to civil claims is the result of intentional violence. These can include claims for direct attacks, such as assault, or indirect injuries that result from criminal activity, such as arson that leads to third-degree burns.
In any of these cases, it is essential to remember that a criminal case and a civil case are separate legal proceedings. A criminal court can prosecute, convict, and sentence a defendant for the crime without any regard for an injured person’s financial needs. To obtain any compensation from a criminal defendant, a person must pursue a separate civil case.
However, conviction in a criminal court is powerful evidence that the event did occur and that the defendant was responsible. A concept of law called res judicata prohibits courts from rehearing a matter already settled in another court. For instance, if a criminal court convicts a defendant for assault, that person cannot argue in civil court that they were not to blame for the incident. A personal injury lawyer in Cocoa Beach could help explain the key differences between criminal and civil cases and leverage a criminal conviction into a civil claim for damages.
Whenever another party is responsible for your injuries, whether it be the result of an accident or an intentional violent act, you have the right to demand payments for the financial costs. This compensation can often include the payment of medical bills, reimbursement for lost wages, and payments for mental anguish. You need to prove that not only was a defendant responsible for your losses but also that they had a duty to provide protection.
A Cocoa Beach personal injury lawyer stands ready to fight for you. The team at The Umansky Law Firm could help with every stage of the case, from filing an initial claim, to gathering evidence, to representing your interest in settlement talks and court hearings. Contact our office today to set up a private consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys
