Client Resources

UNDERSTANDING YOUR RIGHTS AFTER A PERSONAL INJURY ACCIDENT

When someone else’s carelessness or harmful conduct affects you, it is only natural to want justice. In many situations, it is possible to file a lawsuit to hold a person or business accountable for negligence. If you have been a victim of negligence, you should speak to an attorney about the best way to proceed.

THE ELEMENT OF HARM

Courts in Florida and across the nation provide a high degree of access for citizens. There are, however, certain minimum requirements that must be met to sue someone for negligence. One basic requirement is that you must have suffered harm for which the court can order compensation. Lawsuits are not tools to inconvenience or embarrass others. If you haven’t suffered physical injuries or other harm, the court will dismiss your case. Generally speaking, it is not worth the time or expense of a trial if you haven’t suffered relatively injuries. Even if you are willing to pay substantial court fees and costs to collect a small amount of money, the court may be unwilling to hear the matter.

THE ELEMENT OF TIME

The right to sue someone for negligence is limited by time. Personal injury lawsuits must be filed in a timely manner for the court to hear them. Most legal matters are subject to a statute of limitations. How long you have to file a lawsuit depends on several factors. Most personal injury cases must be filed within 4 years of the incident, though there are exceptions. It is always better to discuss your situation with a lawyer sooner rather than later.

CAN VERSUS SHOULD

Even if you can sue for damages, it is not always a good idea to do so. At Winters & Yonker, P.A., we call ourselves the Aggressive Attorneys. We never shy away from a fight in seeking the best possible outcome for our clients. But even an aggressive lawyer must acknowledge that, sometimes, a lawsuit is not the right course for an individual. It is important to choose an attorney you trust to protect your best interests. If going to court is not the right solution, we will tell you that.

If you have been injured because of the negligence of another, call us at (813) 223-6200 or contact us online. We can discuss your situation in a free initial consultation.

SHOULD I HIRE A PERSONAL INJURY ATTORNEY?

That is a question many people wrestle with after an accident. If you’ve never been through a serious personal injury before, it is almost impossible to understand the value that an experienced lawyer can provide. The truth is that not every injury case requires the services of an attorney. So how can you tell if you need one for your case?

ASK QUESTIONS

The first thing you need to do is actually sit down with an attorney to discuss your situation. You may not have the kind of case where a lawyer can make a difference. If we can’t help you, we will be honest and upfront with you about it. If we believe we can help you, however, you should be prepared to get whatever information you need to make the right selection for you.

Do you want an attorney who has handled cases just like yours? Ask about the attorney’s credentials. Ask about prior cases. Ask about the trials and settlements he or she has handled in the past.

Are you concerned about cost? Ask about contingency fee rates, legal costs and other expenses. Our firm is actively interested in eliminating surprises for our clients. The last thing we want is for you to be disappointed or caught off guard by how your case is handled. Being seriously injured is a terrible ordeal. You do not need additional stress coming from your legal team.

HOW DOES A PERSONAL INJURY ATTORNEY ACTUALLY HELP YOU?

In the vast majority of personal injury lawsuits, the compensation the injured party receives comes from an insurance company. Insurance companies have extensive experience in injury cases. They know every possible trick to avoid paying you the money you deserve. Without an experienced lawyer on your side, you will be at a tremendous disadvantage when dealing with the insurance company.

At Winters & Yonker, P.A., we are aggressive personal injury attorneys. Our lawyers do not shy away from a fight when it comes to representing our clients’ interests. We are prepared to fight for you in negotiations and, when necessary, in a courtroom. The goal is to get you a better result than you could ever get on your own. Contact us online or call (813) 223-6200 to schedule a free initial consultation with our Florida injury attorneys.

WHAT CONTINGENT FEES MEAN TO YOU

Virtually all personal injury attorneys work on what is called contingency. Contingency fees mean that the money earned by your personal injury lawyer comes from a percentage of the settlement or judgment you win. The upside of this is that you pay attorney fees only if you win. Your attorney is also financially motivated to get you the best possible outcome because he or she stands to make more if you do. Perhaps the most important aspect of contingency fees is that they allow many people to have an attorney who would otherwise be unable to afford one.

WHAT PERCENTAGE GOES TO THE ATTORNEY?

In Florida, contingency fees are generally one-third of any recovery or 40 percent if the case requires litigation.

THE COSTS AND BENEFITS OF A PERSONAL INJURY ATTORNEY

The cost of your personal injury lawyer should be compared with what you stand to gain. Research has shown that the average settlement or judgment paid to a person who is represented by an attorney is greater than that received by a person representing him- or herself. Moreover, the difference is greater than the average fee paid to the lawyer. You will still likely end up with more money even after the attorney’s fees are deducted from the settlement or judgment, though it is impossible to guarantee a result in any personal injury proceeding.

ATTORNEY FEES AND LEGAL FEES

The contingency fee covers attorney fees, but this does not include every expense related to filing a lawsuit. Things like filing fees, court expenses and other legal costs are not included in the percentage deducted from a settlement or judgment. It is important to discuss all types of fees, not just contingency fees, when deciding whether to hire an attorney.

FINDING THE RIGHT ATTORNEY TO REPRESENT YOU

What do you want from your personal injury lawyer? It’s a simple enough question, but the answer could have a profound impact on your life. At Winters & Yonker, P.A., we want our clients to be happy with their results, but we also want them to be happy with the process. Getting injured in an accident is a terrible experience. A car accident or slip-and-fall can put you out of work. It can take away the things you enjoy doing. It can put you in medical debt beyond any hope of catching up. It is important to get full compensation for your injuries, but it doesn’t hurt to enjoy a little peace of mind while your case is ongoing.

THE AGGRESSIVE ATTORNEYS

Insurance companies work quickly to limit their liability after an accident. They know every method available for resolving your case for less than you deserve. They are not here to help you get money following your accident.

Insurance companies respond to strength. When they see a client who is not represented by an attorney or one who is represented by an attorney afraid to go to trial, they will deal with that case ruthlessly. At Winters & Yonker, we have an in-house litigation team. We do not shy away from personal injury trials. That allows us to negotiate aggressively on your behalf in seeking a proper settlement or, when necessary, go to court to protect your rights.

SHOULD I FILE A PERSONAL INJURY CLAIM?

Individuals who have been injured in an accident have many questions: How long will it take to recover from my injuries? Can and should I file a lawsuit against the responsible party? How much is my case worth?

At Winters & Yonker, P.A., of Tampa, Florida we offer free consultations to individuals who have been injured in an accident. Here, we can answer their pressing questions about their personal injury claim, and best chances for making a financial recovery.

For a free consultation in our Tampa law office, call 813-223-6200 or contact us online.

HOW MUCH IS MY CASE WORTH?

The value of any personal injury case depends on a number of factors, including:

• Severity of injuries
• Amount of medical expenses
• Expected costs of future rehabilitation and / or physical therapy
• Amount of past and future lost wages
• Long-term financial consequences of accident
• Pain and suffering
• Funeral expenses, if a wrongful death occurred

As personal injury attorneys, we thoroughly assess each injury case to determine the current and long-term financial consequences of an accident. Each case is unique, so we take the time to learn about each client’s personal needs and goals before anything else. From there, we aggressively pursue compensation on behalf of clients, aiming to recover the maximum amount possible.

TYPES OF INJURIES

At Winters &, P.A., we are experienced in handling a variety of personal injury cases, from car accidents to electrocutions. We have successfully recovered compensation on behalf of clients who have sustained the following injuries:

• Burns
• Soft tissue injuries
• Whiplash
• Back, neck, and shoulder injuries
• Spinal cord injuries
• Brain injuries