Accidents such as trips and falls, medical malpractice, and car crashes are unfortunately a common occurrence in the state of Florida. When reckless and careless actions of another individual or organization cause an accident, the party at fault can and should be held responsible for damages.
If you or a member of your family sustained severe injuries as a result of another party’s negligence or reckless actions, an experienced Kissimmee personal injury lawyer at Winters and Yonker can be able to help you bring them to justice. Our dedicated team of experts has experience in handling every element of personal injury cases and will do all the leg work as you focus on both physical and emotional recovery.
Reach out to our injury law firm at (888) 373-7770 today for a free initial consultation.
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What Should I Do After an Injury?
Accidents tend to take us all by surprise. The physical, emotional, and financial toll they take on victims makes the claims even more daunting. If you want to protect your rights during the aftermath of an accident, you need to take certain steps to ensure you get the compensation you deserve. These include:
Getting Medical Attention
Ensure you take note of the physical state of involved parties after the accident and call emergency services if necessary. Most people tend to underestimate the severity of injuries sustained, usually because of the boost in adrenaline that may have happened during the accident. It’s important to ask for a full examination from your physician and follow every order for treatment or physical therapy. By doing this, you’ll be mitigating any chances of the party at fault claiming that you’re partially liable for your injuries or ailments or that you sustained an injury from another accident.
Ensure you thoroughly garner evidence after the accident. Start by writing down the contact information of parties involved, including names, addresses, insurance information, etc. You should also take photos of the scene and injuries sustained. If you think that something in the scene may have contributed to the accident, ensure you take photos of that as well. This can be anything including potholes, slippery floors, dividers, etc. If there is any asset damage, ensure you record that as well. Taking an array of photos both close up and wide will help you build evidence.
Call the Police
Right after the incident, you should contact the relevant authorities for them to write an official police report detailing the accident. Ensure you ask the authorities for a copy of the report. Your attorney will need to use it while preparing your claim.
Call a Personal Injury Attorney!
It goes without saying that this is the next most important step after getting medical help. Given how complicated personal injury law is and the stakes involved, you will want an expert legal representative to keep your best interests at heart. Winters and Yonker personal injury lawyers have years of experience and will handle most of the process.
Why Get a Personal Injury Lawyer?
When dealing with personal injury, there are three primary reasons to get a lawyer:
Preparing Your Case
Preparing a case in personal injury is no walk in the park, given how complex this field of law can be. Your lawyer will conduct a thorough investigation as part of case preparation. This usually involves gathering as much evidence as possible and getting expert witnesses. Also, they will get police reports, medical documents, witness statements, etc.
One of the primary reasons to hire an ideal personal injury lawyer is their exceptional negotiation skills. They know the tactics used by insurance firms to avoid compensating victims and will use their skills and experience to ensure you’re not bullied and only get the amount you deserve.
Trial Preparation & Representation
Another advantage of hiring a lawyer is that they are ready to act as your representative in court. They will litigate your claim with your best interests at heart. Professional lawyers know how to navigate the complexities of the litigation process and will use their knowledge and experience to make a solid argument.
What Damages Can I Recover in Florida?
In Florida, people who have suffered injuries due to the negligence of another person may be eligible for compensation regarding 3 different types of damages. Those damages are economic, non-economic, and punitive. Find out more about each type below.
After sustaining an injury from an accident that wasn’t your fault, chances are you incurred financial expenses such as medical bills, lost wages, etc. These are included in compensation if you can prove your claim.
Injuries can also lead to non-monetary damages such as loss of enjoyment of life, loss of companionship, pain, suffering and more.
When a person or entity acts in a reckless manner that led to injury, they can be punished by being forced to pay for punitive damages.
How Is Liability Determined In Florida?
When your Kissimmee, Florida, personal injury lawyer takes on your case, one of their most important tasks is determining negligence. To prove negligence, they will usually consider the following:
Duty of Care
Everyone has a duty of care to prevent causing harm to others. This duty tends to be different for varying situations. For example, practitioners have a duty of care to treat patients to the best of their ability.
Breach of Duty of Care
When a person or company does not act in a reasonably prudent manner, and their actions lead to injury, they have breached their duty of care. Keep in mind, however, that not every accident is a result of a breach of duty of care. For example, if a branch falls on the road and a motorist swerves in order to avoid it but ends up causing an accident, they may not have breached the duty of care.
Injury Caused By The Accident/Causation
Your lawyer will also check whether your injuries were a result of the accident in order to prove negligence. Insurers will always search for ways to blame your injuries on other things. An example includes going through your medical history to look for a prior incident to blame for your current situation. Having a competent lawyer by your side will help avoid this.
Lastly, your attorney will need to prove that you actually suffered monetary damages from the accident. This is usually the easiest task, especially when you have medical bills, lost wages, and other expenses documentations.
How Much Time Do I Have to File a Personal Injury Claim?
In Florida, you have a maximum of four years to file a personal injury claim.
How Much Will A Kissimmee Personal Injury Lawyer Cost?
Luckily, when you work with Winters and Yonker lawyers, you don’t have to worry about the fees as we work on a contingency basis. This means you’ll only have to pay after your claim is a success.
File Your Injury Claim With Winters And Yonker
Personal injury can be a complicated area of law, but justice needs to be served. Our team is always available to deal with all kinds of personal injury cases including medical malpractice, auto accidents, wrongful death, burn injury, etc. Do not hesitate to call us at (888) 373-7770 today for more information.