At The Berke Law Firm, we understand how a personal injury can impact every facet of your life. We also know how insurance companies will take advantage of you when you are most vulnerable. Let us level the playing field. We will fight for you.
Our Jacksonville personal injury lawyers have over 30 years of experience and have helped injured people all over Florida get the compensation they deserve. They are members of the Lee County Bar Association and the Florida Bar Workers Compensation Executive Counsel.
If you have been injured in an accident, don’t wait to get help. Contact The Berke Law Firm and a Jacksonville personal injury lawyer will help you get the compensation you deserve.
Personal injury law refers to the legal remedies and defenses that are available to victims who have suffered harm due to the wrongful or negligent actions of another.
In a personal injury case, the injured person (the plaintiff) sues the person or entity responsible for their injuries (the defendant), seeking financial compensation for their losses.
There are different types of losses that can be compensated in a personal injury case. Damages, or losses, are typically classified as either compensatory or punitive. Compensatory damages are meant to reimburse the plaintiff for their losses, while punitive damages are meant to punish the defendant and deter future wrongful conduct. States have different rules for when punitive damages may be awarded.
Personal injury lawyers handle a wide variety of cases, from car accidents to slip-and-fall accidents to defective products. Here are some common examples of personal injury cases:
Car accidents: Car accidents are one of the most common types of personal injury cases. They often involve multiple vehicles and can be caused by a variety of factors, such as speeding, drunk driving, or distracted driving. They can cause a variety of injuries, from whiplash to broken bones to death. If you were injured in a car accident, you may be able to sue the other driver if their negligence caused your injuries. A Jacksonville Car Accident lawyer can help you determine if you have a case.
Truck accidents: Truck accidents are similar to car accidents, but they often involve larger vehicles and can cause more serious injuries. Truck drivers are subject to different rules than other motorists, so if you were injured in a truck accident, you may be able to sue the truck driver or the trucking company.
Motorcycle crashes: Motorcycle riders are particularly vulnerable to serious injuries in an accident. If you were injured in a motorcycle accident, you may be able to file a personal injury lawsuit against the person who caused your accident.
Slip-and-fall accidents: Slip-and-fall accidents can occur anywhere, from grocery stores to office buildings. If you slipped and fell on someone else’s property, you may be able to sue the property owner if their negligence led to your fall. It’s important to note that you can only sue the property owner if they were actually responsible for your fall. For example, if you slipped on a wet floor that had been mopped but not yet cleaned, you would not be able to sue the grocery store owner.
Defective products: You may be able to sue a company if a defective product caused your injury. For example, if you were injured by a defective tire, you could sue the tire manufacturer.
Medical Malpractice: You may be able to sue a doctor or other medical professional if their negligence led to your injury. For example, if you were misdiagnosed with a serious illness, you could sue the doctor who made the mistake. It’s important to note that you can only sue the doctor if their negligence actually caused you harm.
If you have been injured due to the negligence of another, you may be able to file a personal injury lawsuit. A Jacksonville Personal Injury lawyer can help you determine if you have a case and what your next steps should be.
There are numerous personal injury laws and statutes that are difficult to understand. A personal injury lawyer will be familiar with these laws and will be able to help you navigate the legal process.
That is why retaining legal assistance is so crucial. In order to prevail in a personal injury claim, a plaintiff must show that someone else is responsible for the injuries. A strong personal injury case will disclose how another person’s actions caused the claimant’s damages.
One of the most difficult parts of a personal injury claim is determining liability. Who is at fault for the accident? There may be more than one person or entity that can be held liable. For example, if you were in a car accident, the other driver may be liable, but so might the manufacturer of a defective car part. A personal injury lawyer will help you investigate the accident and determine who is liable. Once liability has been determined, the next step is to prove that the defendant’s negligence led to the plaintiff’s injuries.
Jacksonville personal injury lawyers can help you gather evidence to support your claim. This may include eyewitness testimony, photos or videos of the accident scene, and medical records. Once you have gathered the evidence, your lawyer will help you file a personal injury lawsuit.
A Jacksonville personal injury lawyer can also help you negotiate a settlement with insurance companies. Many personal injury claims are settled out of court, but this is not always possible. If your case does go to trial, a personal injury lawyer will be there to represent you.
The statute of limitations in Florida for filing a personal injury claim is 4 years from the date of the accident. This means that you have 4 years from the date of the accident to file a personal injury lawsuit. If you do not file your lawsuit within this time frame, you will be barred from recovering any compensation for your injuries.
To win a personal injury case, you will need to prove that the defendant is liable for your injuries. Liability means that the defendant is legally responsible for your injuries.
A person can be charged with negligence, intentional wrong, or strict liability.
Negligence: Most personal injury cases are based on the legal theory of negligence. To prove negligence, you must show that the defendant owed you a duty of care, the defendant breached their duty of care, and you were injured as a result of the breach. For example, all drivers have a duty to operate their vehicles in a safe manner. If a driver breaches this duty by texting while driving, and they cause an accident, they can be held liable for any resulting injuries. A negligence case can be based on either an act or a failure to act.
Intentional wrong: An intentional wrong is an act that was committed with the intent to cause harm. This can be either a criminal act, such as assault, or a civil wrong, such as trespass. An intentional wrong case is more difficult to win because you must prove that the defendant intended to harm you.
Strict liability: In a strict liability case, the defendant can be held liable for your injuries even if they did not do anything wrong. This is usually only used in cases involving defective products. For example, if you are injured by a defective car part, the manufacturer can be held strictly liable for your injuries.
If you are successful in your personal injury lawsuit, you may be entitled to compensatory damages. Compensatory damages are designed to make the injured party whole again. They may include damages for medical expenses, lost wages, pain and suffering, and property damage.
In some cases, you may also be entitled to punitive damages. Punitive damages are designed to punish the defendant for their bad acts. They are usually only awarded in cases of gross negligence or intentional wrong.
Jacksonville personal injury attorneys can help you determine what types of damages you may be entitled to in your case.
Since 1986, the personal injury lawyers at The Berke Law Firm have been helping injured people get the compensation they deserve. We have the experience and resources to handle even the most complex cases.
Our experienced Jacksonville, Florida Personal Injury Lawyer can help you with all aspects of your personal injury case so that you can focus on your recovery. We represent clients who have been injured in car accidents, slip and fall accidents, and other types of accidents.
Contact us today for a free consultation. Our mission is to provide our clients with the best possible legal representation. We are dedicated to fighting for the rights of the injured in Jacksonville and across Florida and we will do everything in our power to get you the compensation you deserve.
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