What do you need to know about a wrongful death claim?

A wrongful death claim is an action taken by the surviving family of a person who died as a result of the carelessness or negligence of another person or entity.
The following are some important facts about wrongful death claims:

Eligibility: A wrongful death claim may only be filed by certain family members, such as the spouse, children, or parents.

Statute of Limitations: It’s important to seek legal counsel as soon as possible after a loved one’s death to ensure that the statute of limitations is not missed.
The statute of limitations for a wrongful death case in Florida is two years. This means that close family members have exactly two years to file a claim for compensation if a loved one dies as a result of negligence. There might be an exception if the death is due to medical malpractice or homicide. The time limit and when it will start will vary.

Burden of proof: To win a wrongful death case, the surviving family members must prove that the defendant caused the death of their loved one through negligence or an intentional act.

Damages: The damages that can be awarded in a wrongful death case can include compensation for medical and funeral expenses, suffering, and loss of income.

Legal representation: It is advisable to seek the assistance of an experienced wrongful death attorney who will be able to help the family navigate the legal system and construct a strong case.
It is essential to understand the process, requirements, and potential outcomes of a wrongful death claim before deciding whether or not to pursue one.

Darfoor Law Firm will help you fight for justice and get the compensation you deserve.
Call us at +1-833-DARFOOR for a free consultation and case evaluation.

 

What should you do to resolve a personal injury case? Should you settle your personal injury claim or go to court?

Settling a personal injury claim and going to court are two different ways to resolve a personal injury case. Each has its own pros and cons, and the best option for you will be determined by the specific facts of your case.

A personal injury claim is settled by reaching an agreement with the other party, which is commonly conducted through negotiations with the other party’s insurance provider. The settlement process can be cost effective and faster than going to court, and it can also provide more certainty and control over the case’s outcome. A settlement is obtained when you and the other party agree on a specific monetary value. Once signed, the case is resolved and no further legal action can be taken.

Meanwhile, going to court involves having a judge or a jury hear your case and determine how much compensation you should receive. This process can be more time-consuming and expensive, but it may be necessary if the other party refuses to settle for a reasonable amount or if the case is complicated. Going to court also allows for the possibility of a jury trial and this is an advantageous verdict for you. In some cases, a combination of both may be the best approach, where the case is initially settled, but if the settlement is not reached, the case goes to court.

It is essential to note that every case is unique, and the best action course will vary depending on the specific facts of your case and on how strong your evidence is. A personal injury attorney can help you weigh the pros and cons of settling or going to court.
Darfoor Law Firm will advise you on the best course of action for your case. We will represent you and help you with the process and we will be there every step of the way.
Schedule a free consultation now or call us at 1-833-DARFOOR.

The impact of insurance policies on personal injury claims

Insurance Adjuster

Insurance policies can have a significant impact on personal injury cases because they mainly explain the amount of compensation that an injured party may be eligible for.

In Florida, there is a what we call a personal injury protection (PIP), which is a type of no-fault auto insurance. Injured drivers have up to $10,000 in immediate medical coverage under the basic PIP coverage, which almost everyone has. It is important to note that in Florida, the no-fault auto insurance means that each driver’s own car insurance policy will typically cover their own medical expenses and lost wages, regardless of who was at fault for the accident.
PIP covers 80 percent of all necessary and reasonable medical expenses up to $10,000 resulting from a covered injury, no matter who caused the crash.

Here are some examples of how insurance policies can affect personal injury cases:
Liability coverage: which is typically included in car insurance policies, homeowners’ insurance policies, and commercial insurance policies, can provide financial protection to the party found to be at fault in an accident. Most personal injury cases involve a claim for damages against the party who caused the accident. An investigation is carried out to determine the responsible party, which includes the examination of insurance policies.
Policy limits: Insurance policies have limits on the amount of compensation that an injured party can receive. If the policy limits are exceeded, the injured party may be unable to recover the full amount of their losses.
Uninsured and underinsured motorist coverage: In some cases, the party who caused the accident may not have sufficient insurance to cover the damages.
Medical payments coverage: Some insurance policies include medical payments coverage, which can aide with the payment of medical expenses regardless of who is at fault for the accident.

It’s important to understand the insurance policies that apply to your personal injury case, and how they might impact your ability to recover for a claim.

A personal injury attorney can help you navigate the claims process and guide you along the way to ensure that you receive the full amount of compensation to which you are entitled.

Darfoor Law Firm is here to represent you and guide you with your claim process.
Schedule a free consultation now or call us at 1-833-DARFOOR.

Common mistakes in filing your Personal Injury Claim

A personal injury claim can be a lengthy process. Knowing about the various mistakes that can jeopardize your chances of success will assist you in making the claim process easier.
In Florida, the statute of limitations for personal injury claims is generally four years from the date of the injury. This means that a person who has been injured must file a lawsuit or settle a claim within four years of the date of the accident or incident that caused the injury. If you wait too long to file your claim, you may miss your chance to recover damages.
Failing to seek medical attention: If you do not seek medical attention immediately after an accident, it may be more difficult to prove your injuries because you do not have a medical record to back it up.
Giving a recorded statement to an insurance adjuster: Before giving your statement to the latter, you should consult with your personal injury attorney, who can advise you on what to say and what to avoid.
Accepting a quick settlement: You may not know the full extent of your injuries and expenses so you may wait for your personal injury attorney to guide you. Accepting an early settlement may prevent you from recovering additional damages in the future.
Failing to gather and preserve evidence: In order to prove your claim, you will need to gather and keep the evidence safe such as photos and documentaries of the accident scene and also, witness statements.
Not understanding the value of your claim: A personal injury lawyer can help you understand the potential value of your claim and negotiate the best possible settlement with the insurance company.
Not seeking legal representation: It is vital to have a personal injury attorney represent you; they will be able to help you along the process and increase your chances of success.
Darfoor Law Firm will be able to guide you all throughout the process. We have the sufficient experience to help you get what you deserve.
Schedule for a free consultation now or call us at 1-833-DARFOOR. We are always at your legal service.