Recoverable Damages in a Melbourne Personal Injury Claim
We investigate every incident, getting to the bottom of how the injury happened, who caused it, and the full value of the damages they suffered. This is key to getting the maximum payout our clients need and deserve.
The damages available in each case depend largely on the facts of that particular claim. Some of the most common types of damages we collect include:
- Medical expenses;
- Ongoing care costs and future care expenses;
- Long-term care facility or home health care;
- Home renovation, if necessary for accessibility;
- Wheelchairs, lifts, and other similar products;
- Lost wages;
- Future lost income and benefits;
- Property damage, such as after a car accident;
- Pain and suffering damages; and
- Other related costs.
In our experience, personal injury victims tend to underestimate the value of their case. For this reason, we recommend discussing your claim with one of our attorneys before agreeing to a settlement with the insurance company. We can help you understand the full scope of your losses and help you recover the payout you need and deserve. Leaving money on the table could mean paying for future care out of your own pocket.
The Claims Process
Unless you have been through it before, knowing how to get the money you need after a Melbourne personal injury incident can be confusing. It is not always clear who is liable or if you even have a valid claim. We can address these concerns and answer any other questions you may have. We offer free case reviews, and there is no obligation to let us handle your claim after your complimentary initial consultation.
If you decide to let us help you navigate the claims process, our services include:
- Investigating your accident to determine why and how it occurred;
- Identifying any and all liable parties;
- Collecting evidence to prove the full scope of your damages;
- Filing an insurance claim on your behalf; and
- Aggressively negotiating a fair settlement, when possible.
We can usually recover the compensation our clients need to get back on their feet without having to take the case to court. A fair settlement with the insurance company is often possible. After we conclude our investigation into your injuries and identify the evidence that proves our case against the at-fault party, we file a third-party liability insurance claim on your behalf. Depending on how your injuries occurred, we could base this claim on a number of insurance policies. This includes the liable party’s:
- Business liability coverage;
- Homeowner’s insurance policy;
- State-mandated auto liability coverage; and
- Another type of policy, such as boat insurance.
Because we ensure we have all evidence possible to support our claim, we can usually convince the insurance company to pay out a fair settlement. We use documentation of the value of your damages to negotiate this settlement. We prefer reaching this agreement without going to court, because it gives us more control of the outcome. It also gets you the money you need faster.
However, if the insurance company refuses to pay us a fair amount, we are not afraid to take your personal injury case to court. We will litigate your case, filing a lawsuit against the at-fault party and asking the judge to award you the damages you deserve.
The Role of Negligence in Your Claim
At the center of almost every personal injury claim is a person who acted in a negligent manner and caused an accident. To collect compensation for your injuries and other damages, we must prove their negligence. This can only happen if we can identify evidence to support four elements:
- They had a duty to protect you from unreasonable hazards or harm;
- They did not uphold this duty and acted in a careless, reckless, or unreasonable way;
- Their actions caused you to suffer injuries; and
- Your accident and injuries led to financial damages.
The evidence available to prove negligence and liability can vary, but we understand what to look for and how to identify the most effective evidence to support your case. Some of the most common forms of evidence we use to prove negligence includes:
- Police reports;
- Accident reports from the business or others on the scene;
- Witness statements;
- Surveillance video or video from others on the scene;
- Smartphone photos of the scene or other images of hazards; and
- Your medical records and other documentation of your injuries and damages.
Types of Personal Injury Accidents and Injuries
If you believe someone else’s careless actions caused or contributed to the injuries you suffered, you may have a viable case. Let us review your situation and evaluate your options. Personal injury accidents can occur in an endless number of ways. Some of the most common we encounter include:
- Slips, trips, and falls;
- Car accidents;
- Motorcycle accidents;
- Bus crashes;
- Pedestrian or bicycle crashes;
- Premises liability incidents;
- Pool accidents, drownings, and near drownings;
- Boating accidents;
- Nursing home abuse and neglect cases;
- Defective product injuries; and
Florida’s Statute of Limitations on Personal Injury Lawsuits
Under the state’s statute of limitations, we have four years to file a lawsuit against the party who caused your injuries. We also need to pursue an insurance claim before this time period expires. Knowing we have the option to take an insurance company to court often spurs a fair settlement offer. Without this motivation, we may have difficulty negotiating the payout you deserve.
We also need to act quickly to ensure we meet any other deadlines that might apply in your case. For example, if you suffer injuries in a city park, you could have only a few weeks to take action and hold the government agency financially responsible for the hazard you encountered and the damages it caused.
Talk to a Personal Injury Lawyer in Melbourne About Your Case
At the Law Offices of Anidjar & Levine, our personal injury attorneys can help you pursue the compensation you deserve after a Melbourne accident. We will fight for the maximum payout available based on the facts of your case. Call us today at 800-747-3733 for your free case review and consultation. We handle personal injury cases on contingency, which keeps legal costs manageable for you.
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