Have you been hurt in an accident in Brandon, FL? If so, you may be entitled to compensation for your medical expenses, pain and suffering, and lost wages.
The Brandon personal injury lawyers at Winters & Yonker Personal Injury Lawyers can help you stand up to insurance companies and hold negligent parties accountable. We have over 115 years of combined experience helping injury victims in Hillsborough county. We are known as “The Aggressive Attorneys” — we never back down from a fight.
Contact us at (813) 223-6200 to set up a free consultation to discuss your case. We work on contingency, which means we don’t charge attorney fees unless we recover compensation for you.
How Winters & Yonker Can Help After an Accident in Brandon, FL
If you have been seriously injured in an accident, you probably feel overwhelmed. These feelings are common, but you don’t have to experience them alone.
Winters & Yonker, PA can help you get the money you need to support yourself and your family after an injury. We’ve recovered tens of millions of dollars for accident victims in Tampa Bay. We’ll handle all aspects of your legal case from beginning to end.
When you hire our Brandon personal injury attorneys to handle your case, we will:
- Investigate the cause of the accident
- Identify the people responsible for hurting you
- Collect evidence to support your case
- Calculate your damages
- File insurance claims and negotiate for a fair settlement
- Consult with expert witnesses when necessary
- Keep open communication with your doctors to fully understand your injury and medical needs
- File a personal injury lawsuit when necessary
- Keep track of court deadlines and administrative paperwork
- Go to trial and argue on your behalf
Let us handle your personal injury case while you focus on healing. Contact us for a free consultation today.
How Common are Personal Injury Accidents in Brandon, Florida?
Unfortunately, personal injury accidents are common in Brandon, Florida. After all, Brandon sits on the outskirts of Tampa, the third-largest city in the state.
One of the most common types of accidents in Brandon is car accidents. In fact, in 2021, there were 28,020 car accidents in Hillsborough County. This resulted in 18,692 injuries and 271 fatalities. We also see many other types of crashes in Hillsborough County. For example, there were 467 bicyclist accidents, 584 motorcyclist accidents, and 655 pedestrian accidents in 2021.
Since Brandon is only 11 miles from Tampa, it is home to many popular businesses and attractions. Every year, Brandon welcomes more residents and tourists, which increases the likelihood of accidents. For example, Brandon is home to the Hillsborough County fairgrounds, which hosts the annual Florida state fair. In 2022, a 7-year-old girl fell from a 40-foot gondola on the fairgrounds. This tragic accident is simply an example of the types of cases we see in Brandon.
With our experience handling personal injury cases, we aren’t surprised by the number of accidents that we see coming out of Brandon every year.
Types of Personal Injury Cases We Handle in Brandon, FL
Not every personal injury case is the same. You need a lawyer that understands the specifics of your accident and has experience litigating that type of case.
We have spent the past two decades specializing in the following types of personal injury cases in Brandon, FL:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bus accidents
- Bicycle accidents
- Brain injuries
- Wrongful death
- Slip and fall accidents
- Child accidents
- Pedestrian accidents
- Workers compensation
- Product liability
- Dog bites
- Boating accidents
- Medical malpractice
This list is not exhaustive, and we understand that many accidents are unique. If you’ve been hurt in another type of accident in Brandon, don’t hesitate to call us for a free consultation.
How to Get to Winters & Yonker Personal Injury Lawyers From Brandon, FL
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What is The Value Of My Personal Injury Case?
It’s important to calculate the value of your personal injury case at the start of representation. That’s because most insurance companies will try to settle a case for much less than it’s worth.
By calculating your damages up front, we have a good starting point for rejecting unfair offers and negotiating.
In Florida, the money that you can recover falls into three different categories: economic damages, non-economic damages, and punitive damages.
Economic Damages
Economic damages are the most common form of payment after an injury. These are monetary damages meant to reimburse you for costs associated with an accident and subsequent injury. Economic damages are pretty easy to calculate as long as you’ve kept track of your expenses.
Common examples of economic damages include:
- Emergency medical bills
- Follow-up and specialist treatment
- Physical therapy and rehabilitation
- Surgery costs
- Prosthetics
- Lost past and future wages
- Property damage
- Transportation costs
- Childcare costs
- Necessary home renovations (such as removing stairs or widening doorways)
- Out-of-pocket costs
Economic damages are unique to your specific case. Depending on your needs after an accident, you may have other costs that are not included on this list.
Non-Economic Damages
It’s hard to put a dollar figure on your case because the impact of an injury can go far beyond medical bills and expenses. For many people, an injury is traumatizing and leaves a lasting mental and emotional impact. You can recover money for this type of pain, even though it is harder to calculate.
Non-economic damages in Florida include:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Permanent disfigurement
- Loss of enjoyment of life
- Mental anguish
- PTSD
- Inconvenience
Your life may also be affected in other ways you haven’t yet realized. It’s painful but important to be open and candid with your attorney so that they can get you the most for your suffering.
Punitive Damages
The purpose of punitive damages is different from economic and non-economic damages. Punitive damages are meant to punish a negligent person, rather than to compensate you for your injuries.
Under Florida law, you can only ask the court to award punitive damages if the defendant was grossly negligent or engaged in intentional misconduct. This is a higher standard than economic and non-economic damages; you must prove this with clear and convincing evidence.
What Happens If I Am Blamed For An Accident In Florida?
The best way to protect yourself from being blamed for an accident in Florida is to hire a lawyer. Our goal is to protect our clients from any blame after an accident. However, sometimes the court will find that you were partially responsible. That doesn’t mean that your case is over.
Florida is a modified comparative fault state. That means that you can still recover money for your injuries even if you were partially responsible for the accident. However, if you were mostly at fault (51% or more), you will not be able to recover any compensation. If you were under 51% at fault, the court will reduce the award by your percentage of fault.
For example, if you are awarded $100,000 but are 25% responsible for the accident, then you will receive $75,000. Your total award was reduced by 25%.
What Is Negligence?
Negligence is the foundation of personal injury lawsuits in Brandon. Negligence is when a person fails to use reasonable care and injures someone else.
Negligence is tricky because it is hard to define “reasonable care.” The courts define reasonable care as the level of care that an ordinary, reasonable person would use under the same circumstance.
Elements Of Negligence
To prove negligence and win your case, you will need to provide evidence of four different elements.
- The defendant owed you a duty of reasonable care
- The defendant breached that duty of care
- As a result, the defendant caused the accident that hurt you
- You suffered damages
If you cannot prove each of these elements, then you cannot win the case.
Burden Of Proof In Negligence Cases
You must prove each of these elements by a preponderance of the evidence. This is a legal standard called the burden of proof. The burden of proof is the level at which you need to convince the judge or jury that you are correct.
A preponderance of the evidence is the lowest burden of proof. It means you must prove it was more likely than not, or a 51% chance, that the defendant was negligent.
In a trial, the plaintiff puts on evidence first to meet the burden of proof. Afterward, the defendant has an opportunity to put on evidence.
How Long Do I Have To File A Personal Injury Lawsuit In Florida?
The amount of time that you have to file a personal injury lawsuit in Florida is called the statute of limitations. Florida law used to give victims four years to file the lawsuit from the date of the accident. Wrongful death cases had a two-year deadline. As of 3/24/23, a new Florida law has cut the four-year statute of limitations in half.
Injury victims who got into an accident on 3/24/23 or after will now only have two years to file a personal injury case.
This doesn’t mean that you should wait until the last minute. You’ll want to file as soon as possible so that you have access to the best evidence. Plus, you’ll get the money you need sooner rather than later.
What Does It Cost To Hire A Personal Injury Lawyer In Brandon?
Many people don’t seek out legal help because they are worried they can’t afford it. In Brandon, that’s rarely the case because most personal injury lawyers charge a contingency fee.
A contingency fee is a special arrangement where the lawyer only gets paid if they win the case. Before representation, the attorney and the client agree on a percentage that the lawyer will take from the final settlement or award. Usually, this is between 20% – 40%, depending on the complexity of the case.
Contingency fees are a great way for people to access justice in their injury cases when they otherwise could not afford to hire a lawyer.
Schedule A Free Consultation With A Brandon Personal Injury Lawyer
There’s a lot that goes into a personal injury case. The Brandon personal injury lawyers at Winters & Yonker, PA, can help guide you through it. Don’t waste time wondering what could be; take action now. Contact us for a free consultation to learn more about your legal rights and options after an accident.
Find out more about our office location. We serve all cities in the Tampa Bay Area, including:
- Brandon
- West Tampa
- Wesley Chapel
- Town ‘n’ Country
- Egypt Lake-Leto
- Del Rio
- East Lake-Orient Park
Local Resources in Brandon, FL
Auto Repair Shops
- Auto Clinic Of Brandon – 901 W Brandon Blvd, Brandon, FL 33511
- Velocity Automotive Service – 314 E Brandon Blvd, Brandon, FL 33511
- Auto Works of Brandon – 211 N Kings Ave, Brandon, FL 33510
- Clarke Automotive Systems – 131 Central Dr, Brandon, FL 33510
Emergency Rooms
- AdventHealth Brandon ER – 305 E Brandon Blvd, Brandon, FL 33511
- TGH Brandon ER – 10740 Palm River Rd Ste 310, Tampa, FL 33619
- HCA Florida Brandon Hospital Emergency Room – 119 Oakfield Dr Ground Floor, Brandon, FL 33511
Physical Therapists
- Select Physical Therapy – Brandon – Regency – 2410 W Brandon Blvd, Brandon, FL 33511
- Valor Physical Therapy – 417 Lithia Pinecrest Rd, Brandon, FL 33511
- Back To Work Physical Therapy – Brandon – 799 W Lumsden Rd, Brandon, FL 33511
- Optimal Performance & Physical Therapies, Brandon – 1076 E Brandon Blvd #106, Brandon, FL 33511
Chiropractors
- Essential ChiroCare – 1111 Oakfield Dr #101, Brandon, FL 33511
- Brandon Family Chiropractic – 134 N Moon Ave, Brandon, FL 33510
- Brandon Chiropractic Associates – 409 W Bloomingdale Ave, Brandon, FL 33511
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.
