Winters & Yonker Personal Injury Lawyers located in Tampa, FL

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Understanding Assumption of Risk

Florida tort laws require that an injured victim prove the at-fault party caused their injury before they can receive compensation for damages. The injured party must prove the legal elements of negligence, intentional torts, product liability, premises liability, and other legal theories. If they prove their case, they can hold the at-fault party liable for damages.

However, the at-fault party can raise defenses during a personal injury trial. A common affirmative defense in personal injury cases is the assumption of risk. The at-fault party tries to avoid liability by stating the injured party shares some or all of the blame for their injury.

What Is Assumption of Risk in a Florida Personal Injury Case?

A party must be responsible for causing your injury for you to recover compensation for your economic and non-economic damages. Generally, most personal injury claims require you to prove the following legal requirements to hold another party financially responsible for your injuries and damages:

  • The other party had a legal duty of care that extended to you;
  • The party breached the duty of care through their actions or omissions;
  • The breach of duty was the proximate and direct cause of your injury; and,
  • You sustained damages because of the conduct.

However, if the at-fault party can prove you assumed the risk of being injured, it could avoid all or some of the liability for your damages. 

The defendant in a personal injury case might allege that you assumed the risk of injury when you willingly engaged in a specific activity. You knew about the risk and chose to proceed regardless of the risk. Therefore, you should not be entitled to compensation for damages you willingly assumed.

What Are the Two Types of Assumption of Risk Used as a Defense in New Port Richey Personal Injury Cases?

Assumption of risk is typically defined as an implied assumption of risk or an express assumption of risk. The theory of blaming the injured party for their damages is the same. However, the proof of that assertion is different.

Express assumption of rights requires the person to sign a waiver or release of liability. These agreements are often used in high-risk recreational activities, such as skydiving, bungee jumping, and trampoline parks.

The person signs a form acknowledging the risk involved in participating in the activity. The person assumes the risk and releases the other party from any liability for damages.

Implied assumption of risk does not require a signed form. It occurs when a person willingly engages in conduct with a known risk. 

For example, getting atop a horse and sitting in the saddle could be an implied assumption of risk. Swimming in a pool with no lifeguard could also be an example of an assumption of risk.

Raising the assumption of risk in a personal injury claim could be a method of intimidating an injured person that does not have legal counsel. The person might believe they are not entitled to compensation because they signed a waiver. However, it’s still possible that they never relinquished their rights and should receive compensation for their damages. 

Contributory Fault and Assumption of Risk in Florida 

Assumption of risk is not a complete bar from liability for injuries. A party is typically only held liable for foreseeable risks associated with the activity. If the other party is negligent or there is an unforeseen danger, the defense of the assumption of risk might fail.

In most cases, Florida’s contributory fault laws have replaced the implied assumption of risk. The law apportions damages based on the party’s degree of fault for causing the injury.

Until March 23, 2023, Florida operated under a pure comparative fault law. The injured party could be almost 100% to blame for causing their injuries and still recover damages. 

However, Florida recently changed its contributory fault law. It now operates under a modified contributory fault standard.

Under Florida’s modified comparative fault law, the victim is barred from receiving any money for their damages if they are 51% or more to blame for their injury. If their blame is lower than 51%, their compensation is reduced by the percentage of fault assigned to them.Assumption of risk and contributory fault can significantly reduce the compensation you receive for a personal injury claim. Therefore, it is wise to seek advice from an experienced New Port Richey personal injury lawyer early in your case.

Contact the New Port Richey Personal Injury Law Firm of Winters & Yonker Personal Injury Lawyers for Help Today

For more information, please contact Winters & Yonker Personal Injury Lawyers to schedule a free consultation with a personal injury lawyer in New Port Richey today. We have five convenient locations in Florida, including Tampa, Clearwater, St. Petersburg, New Port Richey, and Lakeland.

We proudly serve Hillsborough County, Pinellas County, Pasco County, Polk County, and its surrounding areas:

Winters & Yonker Personal Injury Lawyers – Tampa Office
601 W Swann Ave, Tampa, FL 33606
(813) 223-6200

Winters & Yonker Personal Injury Lawyers – Clearwater Office
600 Bypass Dr Suite 224-D, Clearwater, FL 33764
(727) 493-4418

Winters & Yonker Personal Injury Lawyers – St. Petersburg Office
111 2nd Ave NE Suite 350, St. Petersburg, FL 33701
(727) 314-5988

Winters & Yonker Personal Injury Lawyers – New Port Richey Office
5006 Trouble Creek Rd Unit #200, Port Richey, FL 34652
(727) 910-5060

Winters & Yonker Personal Injury Lawyers – Lakeland Office
1543 Lakeland Hills Blvd Suite 18, Lakeland, FL 33805
(863) 251-6196

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Anthony David
Anthony David
1695918895
Winters & Yonker are an extremely knowledgeable car accident attorneys in Tampa. Marc represented me injured in a car crash when I was coming off I-4. He is clearly the best in the field! The entire team at his firm is AMAZING!!!They helped through my whole process always keeping me up to date. They referenced me to the best doctors to assist in my recovery. I always felt comfortable with every part of it specially now in the pandemic time. The stuff is very friendly and always available for you. I specifically like to thank PRE-LITIGATION department. They were passionate, dedicated and professional. Marc worked very hard on my case and did fantastic job!!! I am very pleased with the outcome of my case. The results are outstanding. I highly recommend Marc and his entire Firm. You guys are AWESOME! Thank You to everyone at this firm!
Karla Rogers
Karla Rogers
1695770121
Best lawyer ever! I had an accident gave them a call and like three months later, case Settled and full payout... Excellent service!
Lenette Montalvo
Lenette Montalvo
1695641293
Christopher from Winter and Yonker was amazing. Very nice person to talk to, listen to what I had to say, and even gave his opinion when needed. From start to finish I felt very important and I was impressed by this law firm every one i spoke to made me feel safe and comfortableto. My accident has done a lot of damage to me, and knowing I had an attorney from Winters and Yonker on my side made me feel great. My compensation for my accident is amazing and it will help me in my life. Thank you very much I will definitely recommend this law firm.
coleman vera
coleman vera
1694712772
I went to Winter & Yonker Law Firm for my Tampa car accident case I was involved in. My case manager throughout the process and she took care of me from start to finish. The process was very seamless, I received the medical treatment that I needed immediately and at the very end, concluded with a very rewarding settlement. I've worked with a few law firms from prior accidents and none can compare to the service OR expertise I received from Mr. Yonker.👉 If you're seeking help for an injury related case, I would definitely recommend working with him and their amazing legal staff at Winter & Yonker Firm in Tampa. I will always use this firm for all my Personal Injury Claims! If you are l@@king for an Attorney to give you Top Notch legal help and the MOST money for your Pain & Suffering then take it from me I'm a paralegal and this firm continues to OUTSHINE them all!
Meredith Wilson
Meredith Wilson
1694489029
This was my first personal injury experience. I wanted to choose a law office I could trust. A friend of mine recommended the law offices of Winters & Yonker, Personal Injury Lawyers in Tampa. Through the entire process Attorney Marc Yonkers was helpful and communication was stellar. I never felt out the loop. I felt confident throughout entire process. Which this month (Sept. 2023) they were able to settle my accident case successfully and to my 100% satisfaction. I cannot recommend Winters & Yonker and or Marc any higher. In short they are firm, fair, aggressive, responsive, super smart and know the numerous ins and outs of Personal Injury cases (which can be quite complicated). Upon hiring them you get a law firm that will leave you confident that your case will be handled expertly and with your interests front and center.
Geneva Ramirez
Geneva Ramirez
1694089126
Winters and Yonkers has been a legend of the Tampa Bay personal injury Attorney community for a long time. I was in a car accident recently with my husband, we suffered back and neck pains after two days and thought to get someone’s help. I found Winters & Yonker Personal Injury Lawyers through a google search and called them right up. The same day Mr. Winters contacted both of us, listened, and was compassionate to our situation. He helped us through the entire process including getting me seen by a Doctor so we could heal our injuries correctly, and we got our medical bills reduced! Bill Winters, my case manager, and the entire staff were very knowledgeable and exceptional at their work. We would like to express my sincere gratitude to them and recommend them without any hesitation to anybody who needs help, don't try and fight the at fault's insurance on your own. If you're injured and need someone to protect your rights you won't find a better Attorney than Bill Winters at Winters & Yonkers!-Geneva, Tampa FL#personalinjurylawyer #caraccidentlawyer #tampainjuryattorney
Shelley Torres
Shelley Torres
1694088835
Bum Boi
Bum Boi
1693705250
My wife and I are work in Mediation and Arbitration but know nothing about personal injury cases. When a young delivery Truck driver who was distracted by his phone hit us at full speed and rear-ended us as we were stopped in traffic on Wesley chapel. We knew we needed to hire the best lawyers with PI experience and expertise in the Tampa legal community that we could.From our first phone call with Bill Winters and then all the way through Trial preparation then Trial, we never felt any bad about our case because we knew Bill and the entire staff at Winters and Yonker would take care of us.Their dedication, innovation, motivation, reliability, unparalleled intellect, and exceptional skill as trial lawyers make them extraordinary individuals. My experience working with them was nothing short of exceptional. Experiencing a car accident is an ordeal that encompasses fear, trauma, and frustration. It's a life-changing event in anyone's life. There was no amount of money that could ever make me alright, because I would give any amount of cash to not have to go through the nightmare that the car accident was and continues to be.It took almost 2 years from the time of the car crash to go to trial, but ultimately the jury verdict that Bill Winters got for my family was worth fighting for. There were so many times over the course of the three years that we actively realized how amazing it was that we felt no anxiety or concerns or worries about our case, because Bill is truly outstanding!If you or anyone you know gets hurt in a car accident, call Winters and Yonkers RIGHT AWAY! And then rest assured that you, your family, or friends are being cared for by the ABSOLUTE BEST legal team in Tampa Bay. Thank you, Winters & Yonker!
Glenda Litimco
Glenda Litimco
1693536170
Winters & Yonker law firm did excellent work with my injury case. Luckily, I was referred to Winters & Yonker from a good friend after I was injured in a car accident. I did some initial research about injury lawyers near me, but the reviews for this office really stood out to me in Tampa. I decided to call and after a single phone conversation, the choice was easy to make! Not only was everyone extremely professional, they made the entire process smooth and clear. I was at ease with each step of the way because they were always there to answer my questions and keep me informed of what was happening. All expectations were met and my settlement was exceeded. I got much more than I thought was even possible from the insurance company. I highly recommend the Winters & Yonker Personal Injury Lawyers, and their team in Tampa to anyone in need of help after a car, truck, or motorcycle accident. You'll be in good hands!
Dandrea Ikner
Dandrea Ikner
1693513818
This is the best lawyer in town
Nicky Warner
Nicky Warner
1692997375
Max was amazing! He kept me updated throughout the whole process and was extremely easy to talk with. He also explained everything so I can completely understand it. It was an amazing experience. Thank you, Max!
Erika Smith
Erika Smith
1692795764
I had a great experience with them! They truly care about you!! Thank you so much🤗
Jonathan Clem
Jonathan Clem
1692661489
I was injured in a car crash here in town. Since it was essentially a "he said she said" accident case the opposing insurance claimed it was a 50/50 fault. Even though it clearly could not have been my fault. However, Bill worked diligently to get me everything I was needed to get my life back. He worked to get me access to all the doctors I needed and medical treamtment for my neck and back. Plus, a large settlement amount. Bill even took the time to calm me down when I saw the initial amount and cost for seeing my medical bills piling up! He even managed to get them to reduce their bills significantly! Plus, I received as much as possible. Winters & Yonker Personal Injury Lawyers in Tampa provided a great legal service. They were strait forward and honest about the approach, and communicated every aspect of the process. The firm took care of everything. I would 100% without a doubt recommend him if I knew someone that need a personal injury attorney. Given the circumstances of our introduction I hope I never have to, BUT Bill Winters will definitely be my first call if I'm ever injured again!
marie silvers
marie silvers
1692107771
They are the Best! They care about you as a person!
jorden reagan
jorden reagan
1692106640
Everyone on their staff is amazing! Chris and Sara won my case and helped me out with an accident that occurred a few months back. They made the entire process so easy! They called with case updates but not too often where it was constant phone calls. It was just enough to know what was going on the whole time without being bombarded. Thankful for Tayler on their staff who helped inform me on why Winters and Yonker was the best choice to go with!
Kimberly Rushton
Kimberly Rushton
1691849813
Yes, I would highly recommend winners in Yonkers. I worked with Trevor and Trevor was the best. I recommend anyone that ever needs a lawyer to go to them. They are the best.
Pat Pawelkop
Pat Pawelkop
1691761083
Highly recommend. Bill Winters and his staff took time to answer my questions, and handled my case in a timely and professional manner. I almost didn't contact a lawyer over my "small" injury case because I feared it would be so difficult and stressful. But he got me the settlement that my insurance company owed me, and I would never have been able to do that on my own. And with less stress that I anticipated. I'm glad I called them.
Amysway Barton
Amysway Barton
1691599586
Always available
Certified Soul
Certified Soul
1691535470
Winters and Yonker is who you want to go to when you get in a car accident because they will take care of you and won’t let you get low balled on your settlement. I got in a car accident where my back and shoulder was injured and I was referred to a attorney named Trevor. I appreciate Trevor for handling my case and keeping me informed with all the information I needed.
Sean S
Sean S
1687270653
One of the best law firms in Tampa. My family was involved in a serious car accident. We went to that other personal injury firm with the two M's they were trying to make us settle the case quickly and they we're not listening to us with the arrogant attitude that they were the experts and we were just ignorant. We promptly fired them and then hired Winters & yonker. Our settlement was 5 times higher than what the MM wanted to settle for.I would like to thank Winters and Yonkers entire staff for a wonderful experience. They were all very knowledgeable and walked us through the whole process. We really felt like they cared, unlike the other firm.
Linda Robinson
Linda Robinson
1686789803
I’m giving Winters & Yonker a shout out. My mother fell in Winn Dixie afew months ago. Her first choice wasMorgan & Morgan; however, after theinterview with them they decided not to take the case. My perception was that it was not a big enough case for them. I knew that she deserved to be compensated for her injuries, and I had mad faith in Winters & Yonker from using them in the past. They not only took the case but settled it in record time. Thanks Winters and Yonker, and I like to send a special thank you to Christopher Smith, who was never to busy when I needed answers. I would recommend your law firm to anyone. I found you to be ethical, professional, and respectful to my family, but most of all you will fight for the little guy. Much love and respect. God bless you all and your families👏👏👏👏
Reuben Rodriques
Reuben Rodriques
1686354543
Other said it couldn't be done called your law firm and immediately you got on it impressive shocking furthermore you showed integrity did what you had to do though you didn't have to do it and I was shockingly pleased thank you you surprised me had I to choose any other law firm I would not hesitate to call you or share my experience with my friends thank you once again from me and my family amen
Hameed Owens
Hameed Owens
1684355539
PATRICK IS THE GOAT 🐐 I WAS INJURED ON A PROPERTY THAT CLAIM THEY DIDN'T COVER MY INJURY PATRICK SAID BE PATIENT & LET HIM WORK!:& HE DEFINITELY DID JUST THAT!!!: HE CHANGED MY LIFE 🐐💯
Enrique
Enrique
1684002987
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