Broward County Personal Injury Attorneys

Merely suffering an injury isn't sufficient to recover compensation in a personal injury claim. Instead, the plaintiff is responsible for proving liability by a preponderance of the evidence. In other words, you must establish that the defendant's negligence "more likely than not" caused your injuries. This is known as the burden of proof.

To meet the standard of proof in an injury lawsuit, you must demonstrate four key elements:

Duty of Care

First, you must prove that the defendant owed you a duty of care. This may include obeying traffic laws or maintaining reasonably safe premises for guests under Florida’s premises liability laws.

Breach of Duty

Next, you must demonstrate that the defendant breached their duty by acting negligently, such as running a red light, neglecting vehicle maintenance, or failing to address known hazards on their property.

Causation

Then, you must establish the breach as the direct cause of your injuries. This requires gathering critical documentation and evidence, such as police reports, medical records, and expert testimony.

Damages

Finally, you must show that you suffered compensatory damages. This involves demonstrating the extent of losses caused by the breach, including economic damages (such as direct costs) and non-economic damages (such as pain and suffering).

Depending on your case, you may be entitled to various forms of compensation in a personal injury lawsuit. Common recoverable damages include:

• Economic damages for direct financial losses, such as hospital bills, treatment costs, lost wages, and property damage.
• Non-economic damages for indirect losses, such as emotional distress, pain and suffering, and loss of enjoyment of life.

Yes, it’s possible to recover punitive damages in a personal injury claim. However, these are only available in rare cases involving especially egregious misconduct. Unlike other damages, punitive damages are awarded under specific, limited circumstances to punish the defendant and deter repeat behavior in the future, as opposed to compensating the victim directly.

At The South Florida Injury Law Firm, we assess every avenue for financial recovery to pursue the maximum compensation available to you. Our attorneys can evaluate your claim to determine the potential for punitive damages and gather clear, convincing evidence of intentionally reckless or malicious behavior if necessary.

Yes, it's possible to recover compensation in a motorcycle accident claim even if you weren't wearing a helmet at the time of the crash. While Florida law requires all motorcycle riders under 21 to wear a helmet, helmets are not mandatory for riders 21 and over if they have at least $10,000 in medical insurance coverage.

It’s important to understand that not wearing a helmet can still result in reduced compensation. Florida’s modified comparative negligence rule allows victims to recover compensation even if they are partially at fault for their injuries, as long as their share is less than 51%. However, any compensation awarded will be reduced accordingly.

If you weren’t wearing a helmet and sustained neck or head injuries, the insurance company may argue that your decision contributed to the severity of your injuries to minimize payouts or deny your claim altogether. Our firm is familiar with these tactics to represent your best interests and fight for the full settlement you deserve.

If you suffered a wrongful injury, put decades of experience on your side with The South Florida Injury Law Firm. Contact us online to request a free case evaluation.