Cocoa Florida Accident Lawyers: How USAttorneys.com Can Help with Your Accident Case
Accidents happen, and when they do, they can lead to significant physical, emotional, and financial burdens. If you’ve been injured in an accident in Cocoa, Florida, understanding your rights and the legal avenues available to you is crucial. Whether it’s a slip and fall or another type of incident, the accident lawyers at USAttorneys.com can provide the assistance you need to navigate your case and secure the compensation you deserve.
Filing an Accident Claim for Economic and Non-Economic Damages
In Florida, you can sue for both economic and non-economic damages if you have been injured due to someone else’s negligence. However, proving your claim involves demonstrating degrees of fault and the responsibility to maintain a safe premises against any contribution to the accident you may have caused under comparative fault.
Understanding Premises Liability and Comparative Fault
Premises Liability
Property owners have a duty to maintain safe conditions for visitors. This includes repairing damaged sidewalks, putting up danger signs, and ensuring that their property does not pose a risk to others. If someone trips and breaks a bone or sustains another injury due to a crack in a sidewalk, the property owner might be partially responsible, even if it is the city’s responsibility to repair the sidewalk. Homeowners should have an insurance policy guided by Florida law to cover such claims.
Comparative Fault
Florida Statute 768.81 addresses damages from a comparative fault claim. Under this statute, a person can recover for injuries if they slip and fall on a transitory (not permanent) substance, and the homeowner should have remedied the situation. If the homeowner had actual knowledge of the dangerous condition, they are accountable. Knowledge can be proven by showing that the condition existed long enough to be a well-known problem.
In Florida, the courts award both compensatory and punitive damages. Compensatory damages compensate for measurable losses, while punitive damages punish the person who caused the damage. Personal injury cases usually do not have punitive damages unless a willful act caused the damage.
Contributory Fault
If the fall was caused by any action or inaction on your part, it may be considered contributory fault, reducing the damages awarded by the percentage of fault assigned to you.
Types of Damages
Economic Damages
Economic damages cover financial losses and include:
- Past and future lost income reduced to present value.
- Medical and funeral expenses.
- Lost support and services.
- Replacement value of lost personal property.
- Loss of appraised fair market value of real property.
- Costs of repairs, including labor.
- Any other economic loss resulting from the injury due to the dangerous condition.
Non-Economic Damages
Non-economic damages cover losses that are not financial in nature, such as:
- Anxiety.
- Pain and suffering.
- Loss of capacity to enjoy life.
- Inconvenience caused by the accident.
Damage Apportionment
In a negligence action, the court enters judgment against each party based on their percentage of fault, not on joint and several liability. Homeowner’s insurance may cover some of the damages, and you have the right to sue for any losses not covered by the insurance.
Small Claims Court
If your case damages do not amount to more than $5,000, a small claims case may be the best option. This is often suitable for less severe injuries where the costs are limited.
Seeking Legal Assistance
A slip and fall injury can be costly, and having a qualified personal injury lawyer can significantly help your case. An experienced attorney will help gather the necessary information, such as photos of the dangerous scene, witness testimony, accident reports, and medical records to support your claim.
Contact Templeton Law
For residents of Cocoa, Florida, Templeton Law offers comprehensive legal support for personal injury cases. The firm’s experienced attorneys will discuss the specifics of your case in detail during a free initial consultation, helping you understand your rights and options.
Templeton Law Contact Information:
Templeton Law, P.A.
403 Brevard Ave Suite 2
Cocoa, Florida 32922
Phone: 321-261-5517
Conclusion
Navigating a personal injury claim can be complex, especially when dealing with premises liability and comparative fault. The accident lawyers at USAttorneys.com are dedicated to ensuring that you receive the compensation you deserve for your injuries. Contact Templeton Law today to discuss your case and take the first step towards securing your rightful compensation.
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