Clearwater Personal Injury Attorney

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Personal Injury Lawyer for Personal Injury Accidents in Clearwater FL

When you are injured in an accident that is not your fault, you do have a right to compensation under the law in Clearwater, FL. These accidents are devastating and can cause you an injury that you need time to recover from after the fact. A Clearwater personal injury attorney can help you fight an injury and prove the negligent actions of another that was the cause of the injury. 

Personal injury cases can occur with a number of parties. You may get hurt at a friend or family members home or even while on the job. It is a property owner’s responsibility to make sure you are safe while on their property. 

If you are injured because the conditions were unsafe and caused you injury, you need to speak to a Clearwater, FL, personal injury attorney about your case. They will help you understand the laws for personal injuries. They will represent you in court and provide you with the legal guidance you need to win your case.

A personal injury lawyer in Clearwater, FL, will discuss your case during a consultation. Here, they will determine if there was a violation of your legal rights. They can help you recover damages and fight for a fair settlement award in your case. 

Let a Clearwater personal injury attorney work for you. They know the laws for personal injury case and can help you with your right to compensation. When an accident harms you and causes injury, you do deserve a settlement. A personal injury lawyer will help you get the money you need to pay for your medical bills and lost wages from work. You can get the help you need from a personal injury lawyer.

Do not wait to talk to a personal injury attorney about your case. They will answer all your legal questions and help you decide what the best course of action is in your personal injury case. Speak to your Clearwater, FL, personal injury lawyer today.

What are the Common Types of Personal Injuries in Clearwater, FL?

There are a variety of accidents that can hurt you and cause you injuries that are not your fault. The most common types of personal injury cases include:

  • Slip and fall accidents: A slip and fall accident can happen easily. You may slip on an icy sidewalk or wet store floor. You have a right to compensation under the law, and a slip and fall injury lawyer will fight to get you the settlement award you deserve. 
  • Car accidents: When a car accident strikes you can easily get injured. These accidents are not your fault, and you can receive a settlement for your injuries. Let a Clearwater, FL, car accident injury lawyer help you with your case. 
  • Workplace accidents: When hurt on the job, you do have a right to receive compensation above the worker’s comp that you are entitled to for your injuries. A workers comp attorney will provide you with the legal guidance you need to seek compensation for a workplace accident. 
  • Dog bites: Dog bites are notoriously dangerous. They can cause serious injuries. A dog owner needs to keep their dog on a leash and under control at all times. You do have legal rights when a dog bites and a dog bite lawyer in Clearwater, FL, will fight for compensation for you.
  • Medical Malpractice: Medical malpractice happens more frequently than you think. You may have your medical condition worsen by faulty medications, improper care, or defective medical devices. Speak to a medical malpractice practice attorney about what your rights are when medical malpractice injures you. 
  • Burn Injuries: Burns are not often heard about but often require the services of a burn injury lawyer. It is always good to find a good Clearwater personal injury attorney that has experience with burn injuries.
  • Defective products: As a consumer, you have a right to protection for defective products. Products with design flaws or products that malfunction can cause grave injury. You can seek compensation in these cases. A personal injury lawyer will help you recover damages so you can move forward with your recovery. 
  • Boating and water accidents: Water accidents can have devastating results. You can easily get injured at the fault of another. No matter if it is at a friend’s swimming pool or a diving board accident, your Clearwater, FL, personal injury lawyer will help you recover your losses. 
  • Amusement park accidents: Getting hurt at an amusement park can come with devastating results. You could ride on a malfunctioning ride or hurt yourself on the dangerous park grounds. You need the help of a personal injury lawyer.
  • Concert venue accidents: While concerts are a good time for all they can lead to injuries easily. Venues that are not safe can create a hazardous situation. You may get hurt and need help from a Clearwater personal injury attorney.
  • Assaults: When someone physically harms you, compensation is due. An assault is not your fault, and a personal injury lawyer will fight for a settlement award in your case. You do not have to suffer from an injury from an assault that was not your fault. 

What Type of Compensation Will I Receive for My Personal Injuries in Clearwater, FL?

There are several different types of compensation that your Clearwater, FL, personal injury lawyer will seek in your case. These damages can help you recover the expenses you have incurred because of your injuries as well as the damages you have suffered. Your personal injury attorney will discuss with you the type and amount of compensation you can expect for your injuries. Here are the most common compensation awards sought in a personal injury case. 

  • Medical expenses: You are entitled to a settlement that covers the cost of your medical expenses for your injuries after an accident. This will include medical expenses you incurred immediately after the accident as well as any medical treatment costs you will have into the future. Your personal injury attorney in Clearwater, FL, can help you understand what medical costs you can seek in your case. 
  • Lost wages: After your accident, you may be unable to work because of your injuries. You can recover lost wages from work as part of your personal injury case. This will include your current lost wages as well as any future wages you will lose out on due to your injuries. Your personal injury lawyer can help you determine your total lost wages.
  • Pain and suffering: Many times, the events of injury accident cause pain and suffering. The mental anguish and emotional pain you suffer from deserves compensation. You can recover pain and suffering losses for a personal injury that is not your fault. Your personal injury attorney in Clearwater, FL, will fight for pain and suffering compensation as part of your award settlement. 
  • Property damages: In some accidents, you may suffer property damages. A car accident is a good example of an instance when property damage happens. You may need to have your car repaired or replaced. You can fight for property damages in a personal injury case. A personal injury lawyer will ensure you receive a settlement that fairly compensates you for your property damages. 
  • Punitive damages: Sometimes the events of an accident are so severe in nature that punitive damages are handed down. This is the decision of the judge in your case. Punitive damages financially punish the defendant for their hazardous actions. This is designed to act as a deterrent to others that may engage in the same dangerous behavior. Your Clearwater, FL, personal injury attorney can help you determine if your case qualifies for punitive damages. 

There are limits to the amount of damages that you can recover in a personal injury case. For most personal injury cases in Clearwater, FL, there is a limit to punitive damages. There is limited to three times the compensatory damages or $500,000 whichever is the greater amount. No other damage caps occur under Clearwater, FL, law. A personal injury attorney in Clearwater, FL, can help you understand what type of compensation you may receive as a part of your injury case. 

How Will My Clearwater Personal Injury Attorney Prove Negligence In Clearwater, FL?

Proving that another party was at fault for your injuries is the job of your personal injury attorney in Clearwater, FL. They will start by discussing your injuries and the events of the accident in your case. They will then investigate your injury claims and work to determine the fault of the accident. 

Your Clearwater, FL, personal injury lawyer will build a case that shows negligence by the defendant. This can include using medical documentation, witness testimony, photos and other evidence that proves the fault of the defendant. 

It is important to establish that the majority of negligence falls with the defendant in your personal injury case. Clearwater, FL, has a pure comparative negligence law that looks at both the fault of the plaintiff and the defendant to determine a total settlement award. This means that your percentage of fault in an accident will reduce your total settlement award. 

For example; if you receive a settlement of $50,000 but are found to be 10 percent negligent for your injuries there is a reduction of your total settlement award. You would receive $45,000 instead of the full $50,000 compensation. 

Proving that the majority of fault lies with the defendant is key to winning your case. You need a personal injury lawyer that will fight for your rights in your case. They need to show that the defendant is primarily at fault so you can receive the maximum settlement for your injuries. 

How Long Do I Have to File a Personal Injury Lawsuit in Clearwater, FL?

Filing a personal injury lawsuit needs to happen quickly. There is a statute of limitations that determines how long a plaintiff has to file their lawsuit. According to Florida Statutes section 95.11(3)(a), you have four years from the date of the accident to file your lawsuit when negligence occurred.

While this may seem like a lot of time to decide if you want to file a lawsuit, many actions need to happen first. When you hire a Clearwater, FL, personal injury lawyer they will help you understand your legal rights and determine if a lawsuit is the best course of action to take in your case. 

Your personal injury attorney will first work to negotiate a fair settlement with an insurance company for your injuries. They will always try this as the first step in your personal injury case to help keep you out of court. 

Going to court can be a time-consuming and costly burden and your personal injury lawyer in Clearwater, FL, will work to avoid this part of the legal process. While most personal injury cases do settle out of court, if a fair settlement is unreachable, you will need to file a lawsuit. 

For this reason, it is imperative that you speak to a personal injury attorney about your case as soon as possible. Your personal injury lawyer needs time to investigate your injury claim and build a strong case. Waiting to speak to your personal injury attorney will only delay your settlement award and prevent you from receiving the money you deserve for your injuries. 

If you fail to file your personal injury lawsuit in the appropriate court within the four-year deadline, you face dismissal of your case. You will not receive a settlement award no matter how severe your injuries were or how dangerous the accident that you were involved was in your case. 

Always contact a Clearwater, FL, personal injury lawyer about your case as immediately after the accident. They will advise you of your legal rights and help you determine how to proceed with your case. 

Contact a Personal Injury Attorney Now!

If you suffer an injury that is the fault of another, you need a personal injury lawyer in Clearwater, FL, that you can trust. The personal injury attorneys at Winters & Yonker P.A. can help. They will take your case and get the compensation you deserve. You can trust in the personal injury lawyers at Winters & Yonker to fight for your legal rights and win your case. Contact us today to set up a consultation.


Winters & Yonker
600 Bypass Drive Suite 224-D
Clearwater, FL 33764
(727) 446-7667