Personal injury accidents can happen in any number of ways and may occur through no fault of the injured person. If you were not at-fault for the accident, then you may have legal grounds to seek financial reimbursement to cover your lost wages and medical care costs. If you or somebody close to you has sustained an injury due to the intentional, reckless, or negligent actions of another party, you should consider seeking legal action to get the reimbursement you deserve. Our Clermont personal injury lawyers at Winters and Yonker have the experience and skills to aggressively pursue your compensation as you focus on recuperating.
You can get in touch with our personal injury law firm via (888) 373-7770 to get a free case evaluation. We are here to help you get through these trying times. We are available 24/7, so call us now and talk with one of our experienced attorneys.
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What Should I Do After an Injury?
Taking these steps after suffering an injury can help ensure you have a strong claim:
- Get Medical Assistance and make sure to keep records of all treatment
- Get the phone numbers and names of any witnesses
- Report the Incident (call the police if it’s an auto accident, report workplace accidents to supervisors etc.)
- Contact a Personal Injury Attorney!
Benefits of Hiring an Attorney
Our attorneys can help your injury claim through their experience in:
- Case preparation and a lawsuit filing
- Settlement negotiation
- Trial preparation and representation
What Type of Damages Can I Recover in Clermont, FL?
In Florida you are able to file an injury claim to recover the following types of damages:
- Economic: These include damages that you can physically recover from and include expenses such as medical bills and lost earnings.
- Non-Economic: These damages include things like loss of consortium, pain and suffering, loss of enjoyment of life and emotional distress.
- Punitive: These damages more or less act as a warning to would-be perpetrators and are only meant to deter any future incidences.
How is Liability Determined
To prove liability in a personal injury case in Clermont, FL, the victim should definitively prove that the responsible party acted negligently. Negligence is defined as behavior that is below the acceptable standard of care required from a reasonable individual, and whose actions cause harm to another.
The four key elements include:
Duty of Care
The at-fault party owes a legal duty of care to the accident victim. For instance, a driver is legally responsible for his or her actions while on the road and should care for the welfare of other motorists. When it comes to car accidents, duty of care can easily be determined. Reasonable care for drivers includes following traffic rules, keeping both hands on the steering wheel, and paying attention while on the road.
Breach of Duty of Care
The victim should show that the at-fault party was in breach of their legal responsibility. This includes something like a driver failing to halt at a stop sign.
The responsible person should be the direct cause of injuries sustained. Being in breach isn’t enough. You must show that the breach of duty of care resulted in the accident injuries.
The victim must prove that the damages incurred stemmed from the accident. In car accident cases, easily recoverable damages include lost wages, medical expenses, property damage, and so on.
There are some incidences where the party at fault for your injuries may claim that you are to blame (or at least in part) for the accident that resulted in your injuries. If it turns out that you are responsible for your own injuries, Florida comparative negligence rule will come into play and will affect the amount of recompense you’ll get from other liable parties.
All Florida courts are obligated to adhere to this rule when dealing with a personal injury case. As per this rule, the compensation amount you’re entitled to will be decreased by a figure that’s equal to your percentage of responsibility for the accident. So if you 10% of the blame and your damages amount to $20,000, under Florida’s pure comparative negligence rule, your pay-out will be decreased to $18,000.
How Much Time Do I Have to File a Personal Injury Claim in Florida?
Like any other state, Florida has a time limit on how long you can file a claim in court against a person or entity that may be liable for your injury. Florida’s statute of limitations when it comes to personal injury cases is four years following the date of the accident. You should keep in mind that if you don’t file your claim in this timeframe, the court will deem your case void and you won’t be able to recover any financial recompense.
How Much Will a Clermont Personal Injury Lawyer Cost?
We at the law offices of Winters and Yonker provide our legal services on a contingency basis, meaning that we won’t charge you anything until we’ve won the case. So you can be sure that we will give it our absolute best because our fates are intertwined.
Types of Personal Injury Cases We Handle at Winters and Yonker
Our attorneys handle all types of injury claims throughout Florida, including:
Thousands of individuals get injured in auto accidents each year. If you’re the victim of a car accident, your immediate course of action should be filing a claim against the insurance provider of the other driver. Our Clermont car accident lawyers can help with the claim.
Florida is known for its motorcycle riding culture. The downside is that motorcycles share the road with other trucks and cars, which increases the likelihood of an accident occurring. Motorcycle accidents will most likely result in debilitating conditions. Call our motorcycle accident lawyers in Clermont immediately and have your rights protected.
Slip & Falls
Slip and fall accidents are the most common form of personal injury aside from car accidents. These accidents usually occur in commercial properties. Regardless of where slip and fall accidents occur, the defendants often have insurance cover. Our slip and fall lawyers can assist negotiate a fair settlement on your behalf as you recover.
Losing a loved one is always difficult. If someone’s negligence caused the passing of your family member our attorneys are able to help you file a wrongful death claim to hold them accountable and recover compensation for any damages they caused.
File Your Personal Injury Claim With Winters and Yonker
So if you are looking for professional personal injury attorneys in Clermont, Florida, then look no further than here at the law offices of Winters and Yonker. Call us at (888) 373-7770 to get a free-of-charge initial consultation and case review!