What Is a Tampa Personal Injury Claim?

November 14, 2023 | Winters & Yonker Personal Injury Lawyers | Personal Injury

If you or a loved one has been injured in an accident, you know how injuries can impact livelihoods and well-being. A personal injury claim in Tampa is not just about seeking compensation but also ensuring justice and safeguarding your future. Winters & Yonker Personal Injury Lawyers can guide you through a personal injury claim in Tampa, FL.

What Is a Personal Injury Claim in Tampa, FL?

A personal injury claim is the legal process through which someone harmed by another’s negligence or intentional acts can seek compensation. Compensation, often referred to as “damages,” is often sought for physical injuries, but may be available for other injuries. These may include compensation for pain and suffering, emotional distress, lost wages, property damage, and other losses.

The Basics of Personal Injury Claims in Tampa, FL

Most personal injury claims hinge on allegations that someone’s negligence caused harm. Negligence is a failure to behave with the level of care that someone ordinarily would have exercised under similar circumstances.

It may involve a conscious act, but it can also consist of failures to act when there is a duty to do so. Negligence has four elements:

Duty of Care: Establishing a personal injury claim begins with demonstrating that the defendant owed a duty of care to the plaintiff. For example, all drivers owe a duty of care to drive safely and abide by traffic laws.
Breach of Duty: The plaintiff must show that the defendant breached this duty through negligence or a deliberate act. An example is a driver running a red light.
Causation: The plaintiff must prove that the breach of duty caused their injury. If the plaintiff were injured because a driver ran a red light, causation would likely be established.
Damages: The plaintiff must show they have incurred actual damages, such as medical expenses or lost income, from the injury.

If your claim goes to court, you must prove these elements by a preponderance of the evidence. This means using evidence to show the judge or jury that each element is more likely true than not.

What Steps Should I Take To Strengthen My Personal Injury Claim in Tampa, FL?

Taking the right steps can significantly strengthen your personal injury claim. Here are five steps you should consider:

Seek Immediate Medical Attention: Seek medical attention even if your injuries seem minor. Medical records provide evidence of your injuries and treatment.
Report the Incident: Whether it was a car accident, a slip-and-fall incident, or a workplace injury, officially report the incident to the police or property owner.
Document Everything: Document all aspects of the incident and its aftermath. Take photos and videos at the scene of the accident. Keep a detailed account of your injuries and treatments. Save receipts related to medical treatment, travel, and medication purchased.
Collect Witness Information: If there were any witnesses to the incident, collect their contact information. Witness statements can help corroborate your account of the incident.
Avoid Giving Statements: Avoid providing statements to insurance companies without legal advice. Insurance adjusters may try to get you to admit fault or downplay your injuries, which can be used to diminish the value of your claim.

A strong claim can lead to a fair settlement or favorable verdict in court. Following these steps can help you get there.

What Is The Role of a Personal Injury Lawyer in Tampa, FL?

Pursuing a personal injury claim can be challenging. There are procedural nuances, negotiations with insurance companies, and a potential trial. A Tampa personal injury lawyer can help guide a claim toward a favorable resolution by:

Provide an assessment of your case
Gather evidence to support your personal injury claim
Advocate on your behalf with insurance companies
Help you understand all of the damages you are entitled to
File a lawsuit within the appropriate time limit (generally two years from the date of the accident)
Represent you in court, if necessary

If you have been injured, consult a Tampa personal injury lawyer for help.

Consult With an Experienced Personal Injury Lawyer in Tampa, FL

Suffering a personal injury is hard, and the path to compensation can be fraught with challenges. Understanding the basics of Tampa personal injury claims can empower you to take the first steps. If you or a loved one has been injured in a personal injury case, schedule a free evaluation with Winters & Yonker Personal Injury Lawyers.

Contact the Tampa 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 Tampa 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