Personal injury law provides the means for those who have been injured to the negligence of another to claim compensation for their losses. This can be achieved by filing a personal injury lawsuit which can either be settled out of court or go to trial where compensation may be awarded by a jury.
An Odessa personal injury lawyer can help you file a claim for the following losses:
- Medical expenses
- Loss of income or wages (immediate and future)
- Damage to property
- Pain and suffering
- Emotional or mental distress such as trauma
- Loss of companionship
- Reduced quality of life
- Punitive damages
Our lawyers can assist you in determining what damages or losses you can claim for and the amount of your claim. Give our personal injury firm a call today at (888) 373-7770 to start assessing your unique personal injury case.
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What Should I Do After An Injury?
There are a number of steps that you should take after you have been injured to provide support as well as evidence for your personal injury claim:
Get Medical Attention
Seek medical attention as soon as possible. Your health and well-being should be your primary concern. If you have been seriously injured, call 911 or visit an emergency room immediately. If your injuries are less serious or not immediately apparent, visit a doctor as soon as possible.
Keep all medical bills and other bills related to the treatment of your injury such as travel costs. Also, take photos of your injury and keep a record of doctors’ notes and any other information that may be relevant.
Get Evidence And Witness Contact Information
Take photos of the scene of the accident or incident that resulted in your injury. Collect names and contact information from any witnesses.
Report The Incident
Report the accident. In the case of a motor vehicle accident, report the accident to your nearest police station as soon as possible. In the event of a workplace injury, report the accident to your supervisor or HR department. If you were the victim of an injury that occurred on someone else’s property, report the accident to a manager, owner of the property or other person in authority.
Contact an Attorney
Call a personal injury lawyer to find out what you should do next.
Why Do I Need A Personal Injury Lawyer?
There is no legal requirement to hire a lawyer in Odessa, FL. However, there are many benefits to choosing to have legal representation rather than representing yourself in a personal injury lawsuit.
- A lawyer will investigate your case, file your personal injury lawsuit and prepare your case to be presented in court.
- If possible, your lawyer will use their expert negotiating skills to settle the case out of court. In most cases, a settlement is preferable as it saves time, money and avoids the uncertainty that accompanies a court trial.
- Lawyers understand the intricacies of personal injury law and will use their skills and knowledge to get insurance companies to pay fair compensation for your losses.
Winters and Yonkers will go the extra mile to ensure that you recover all of your losses in an amount that is fair to cover losses that you have already incurred as well as losses that may arise in the future.
What Type of Damages Can I Recover In Through A Personal Injury Claim In Odessa?
Damages refer to the type of losses that you have suffered as a result of your injury. There are 3 main categories for damages in personal injury cases and these include:
These are damages to which a monetary amount can be attributed. These include damage to property, medical expenses, and loss of wages or income.
These are damages to which no exact monetary value can be attributed. These include pain and suffering, mental or emotional distress, loss of companionship, and reduced quality of life. A monetary value will be attributed to these damages and included in the compensation.
These are awarded by a court where the liable party (defendant) was found to grossly negligent. For example, if their actions were intentional in causing an injury or their behavior/actions are considered to be unreasonably reckless, punitive damages may be awarded. However, punitive damages are rarely awarded by a court.
How Is Liability Determined In Florida?
Liability refers to who is responsible for paying for the damages or losses that you have incurred. In Florida, the following four elements must be proven in order to determine liability:
- Duty of care is the reasonable responsibility that any one person has to another in protecting them from harm.
- Breach of duty of care is where a person or entity did not practice their duty of care. In other words, they acted in a way or were negligent to the extent that it caused harm to another person.
- Causation is proving that the breach of duty of care resulted in the injury. For example, texting while driving resulted in a car accident which caused injuries to others.
- Damages where the injury or accident resulted in losses such as medical expenses, damage to property, and so on.
Once it has been determined who is liable, that person or entity needs to pay compensation for the losses incurred by the person who was injured. In Florida, this is determined according to the law of comparative negligence. Comparative negligence assigns a degree of fault to each party involved in the incident that resulted in the injury. If the plaintiff or injured party is found to have contributed to their own injury, the compensation that they are paid will be reduced accordingly.
For example, if you were found to be 50% at fault in causing your own injury, then the liable party will only need to pay you 50% of the compensation that was awarded to you.
How Much Time Do I Have To File a Personal Injury Claim In Florida?
The statute of limitations for personal injury lawsuits is four years in the state of Florida. This means that you have 4 years from the date of the accident to file a claim for compensation.
How Much Will An Odessa Personal Injury Lawyer Cost?
Winters and Yonker attorneys provide legal services on a contingency basis. This means that we don’t require an upfront payment and won’t charge any fees as the case moves forward. We only get paid a percentage of the compensation that is awarded to you or the settlement amount when we win the case on your behalf.
Types of Personal Injury Cases We Handle At Winters and Yonker
Winters and Yonkers are experts at handling the following types of personal injury cases:
- All types of motor vehicle accidents including pedestrian-involved accidents
- Slip and fall accidents
- Construction accidents
- Dog bites
- Wrongful death
- Premises liability lawsuits
- Swimming pool injuries
- And much more
Schedule A Free Consultation With An Attorney At Winters And Yonker
If you have been a victim of an injury as the result of the actions or negligence of another person or entity, you may be able to claim compensation for your losses in a personal injury lawsuit. No matter how major or minor your injuries or the amount you want to claim, you can recover your losses.
Call Winters and Yonker personal injury lawyers today so that we can assess your case free of charge and begin the process of filing your claim.