Personal Injury Lawyer

Personal Injury Lawyer in Tampa, Florida

 

What is Personal Injury?

Personal injury refers to any form of physical, emotional or psychological injury, sickness or disease that an individual may develop because of the negligence or intent of a third party. If this happens, the victim has the right to take legal action against the person responsible for the injury. If you live in Tampa, Florida and have suffered a personal injury because of the actions of a third party, you should contact a personal injury lawyer as soon as possible.

Personal Injury Claims in Tampa, Florida

Every state in the US has a statute of limitations when it comes to filing a personal injury lawsuit. In Florida, if you wish to contact a personal injury attorney and intend to file a personal injury lawsuit, you need to do it within four years of the injury date. Most personal injury claims that are not filed within this time-frame do not get approved. The only exception to this rule is if the victim does not become aware of the injury immediately and discovers it later. If this is the case, the courts may extend the lawsuit-filing window.

The Role of Negligence in a Personal Injury Lawsuits in Tampa, Florida

Florida’s personal injury law is designed to guarantee that the victims get compensation for any injuries or damages they incur. The compensation is in the form of financial support. However, for any personal injury claim to have any merit in court, the plaintiff and their personal injury lawyer have to prove that there was negligence and the negligence resulted in personal injury to the victims. Keep in mind that negligence is the most critical element in any personal injury case. If you can convince the court that negligence was at play, you have a strong case to get compensation or financial support.

Legally speaking, negligence is defined as the failure to exercise reasonable care. This applies to all individuals with sound mind and body who are expected to behave in a certain manner in certain circumstance so that they do not cause any harm or injury to another person. Any type of personal injury case will require a personal injury attorney who can establish negligence as the primary reason for the claim. Regardless of whether it’s a road accident, a slip or fall accident, or a case of medical malpractice, proving negligence will solidify your case.

Pure Comparative Negligence Rule in Tampa, Florida

If you live in Tampa, Florida and if you intend to file a personal injury claim, you should talk to a personal injury attorney. Also, be aware that as far as personal injury cases are concerned, Florida follows the pure comparative negligence rule. In most personal injury cases, whoever is negligent is held liable for damages. But sometimes, there are situations where more than one party is involved. If this happens, the pure comparative rule of negligence will be applied. Each party will be liable for their role in the injury. There are other states that have a cap on this rule. For example, if one party is 50% or 51% at fault, they have no right to file a personal injury claim. But in Florida, this is not the case. Even if the victim was 90% at fault, they could still seek damages for the remaining 10%. That is how the comparative negligence rule works in Florida.

However, there is one type of exception to this rule. As far as road accidents are concerned, Florida functions on the principle of no-fault. This means that if there is an accident, there is no reason to engage in the blame game. Every licensed driver in the State of Florida is required to carry minimum auto insurance coverage. This insurance coverage includes personal injury protection (PIP) which includes coverage of a minimum of $10,000 per person per crash. Therefore, if there is an accident, all damages will be paid by each individual’s insurance company. However, this is only relevant to road accidents. Any other type of personal injury claim will be based on the determination of negligence and the use of the pure comparative negligence rule.

Types of Damages in a Personal Injury Claim

Any individual who decides to file a personal injury claim can seek compensation for the following:

  • Medical expenses that they may have incurred because of the personal injury. This will include current medical expenses and any anticipated future expenses based on the treatment and diagnosis by their healthcare provider.
  • Any lost wages if the injury renders the individual unable to go back to work immediately.
  • The loss in future earnings if the injury results in some form of long-term issue that would prevent the individual to perform the same work they used to do before.
  • Any pain, suffering and emotional distress that the individual has to cope with because of the injury.

Keep in mind however that none of these damages will be paid to the injured party until their personal injury attorney can prove negligence. Simply claiming that one suffered injuries because of another person will not convince the court to approve your claim. You and your personal injury lawyer will have to show evidence to substantiate your claim.

One of the biggest sources of evidence in a personal injury lawsuit will be the medical report that the healthcare provider will prepare when they examine you after you sustain your injuries. This report will establish what you claim. It is thus very important that you seek medical attention if you were in an accident or if you sustain injuries. This is not only important for your health, but it will also function as an important piece of evidence if you decide to pursue a personal injury claim. However, if you want the medical report to have any value in court, it will have to be prepared by a neutral healthcare examiner. This will ensure that the court does not throw out your claim. By using a neutral healthcare examiner is shows that you did not manipulate the medical report or bribe/coerce the healthcare provider into writing something that is not true. You don’t want to be in such a situation. Always use an independent healthcare provider so that whatever they write in the medical report is taken seriously. You should know that in most personal injury cases, the party that you’re accusing of negligence will also have their personal injury lawyer on their side. In most cases, they will request the court that they would like a second opinion about your medical condition and diagnosis and treatment. The point is that whatever you claim in your personal injury lawsuit will need to be backed up with evidence. That is where your personal injury lawyer can prove useful.

Caps on Damages in Tampa, Florida

In most states, there is a damage cap statute in place for personal injury claims. In Florida, there is a cap on punitive damages to three times the amount of compensatory damages or $500,000 whichever is greater. There are no other damage cap laws in Florida.

Is An Out-of-Court Settlement A Good Idea?

There is no doubt that somebody who is negligent and irresponsible needs to be held accountable for their actions. However, cases that go to trial cost people a great deal of time and money. For that reason, your personal injury attorney may attempt to settle your case out-of-court. Often, the court requires mediation in civil litigation so that both parties can come to a resolution without the matter going to court. During the mediation proceedings, your personal injury attorney will present your side of the story and will ensure that they only settle if you are getting the compensation you deserve. If there is no resolution, there is no choice but for the case to go to trial.

Since negligence is the primary criteria for the success or failure of any personal injury lawsuit, you have to ensure that you have enough evidence on your side to win the case. Provide as much information as possible to your personal injury lawyer so that they can prepare a strong defense on your behalf.

You also have to remember that dealing with insurance companies is not an easy task. Even if Florida has a no-fault system for road accidents, insurance companies are not just going to hand out payment after payment. They are in this business to make a profit, which is why they will try their best to reach a settlement that would result in the lowest possible payment amount. People who have been injured do not have the stamina to deal with these companies. That is why a personal injury attorney is your best option. They can negotiate with these insurance companies on your behalf.

Also, remember that there is a statute of limitations for all personal injury cases. In Florida, if you want to get compensation for your injuries, you must do so within four years of the date you got injured. If you don’t do it within this time frame, you will not be able to get a penny out of the person responsible for your injuries.

Contact a Tampa Personal Injury Lawyer

In Florida, cases that deal with damages under $5,000 are usually settled in the small claims court. Serious injuries, which result in long-term disability or significant medical costs and loss of wages for the victims, are not handled in small claims court. You must hire a personal injury lawyer so that they can help you file your claim, negotiate with the insurance companies, handle mediation, negotiations and defend you in court if required.

A personal injury lawyer is very important when you want to pursue a personal injury claim. Your personal injury attorney will have to do the following for you to win the case:

  • First, they will have to establish that the defendant owed you a duty of care. For example, if it was a doctor whose negligence resulted in your injuries, your personal injury lawyer will have to establish that this doctor owed you a duty of care. In some situations, this duty of care is expected while in others it has to be specified. The success of your personal injury claim is dependent on your personal injury lawyer establishing that the defendant was expected to demonstrate a duty of care towards you.
  • They will also have to prove negligence. This means that your personal injury lawyer will have to show evidence that demonstrates that the defendant failed to exercise reasonable care. If your personal injury attorney can establish negligence, your case will be ruled in your favor.
  • They will also have to establish cause and effect. This means that they will have to establish that the defendant’s negligence caused your injuries. Therefore, their negligence was the cause, and your injuries were the effect of that cause. Showing the cause and effect relationship is an important task for your personal injury lawyer in any personal injury claim.

At Winters and Yonker, our personal injury lawyer will ensure that they prepare a strong defense on your behalf. This defense will include an in-depth evaluation of all critical evidence Regarding your claim. This evidence will help identify if the defendant violated their duty of care, was negligent, and their negligence caused your injuries. If you live in Tampa, Florida and if you have suffered personal injuries due to the negligence of a third party, call our personal injury lawyer so that they can help you get the compensation you deserve. There is a statute of limitations in place, and you don’t want to lose the opportunity to get justice. Don’t wait. Call us today.

Personal Injury Lawyer in Tampa, Florida

 

What is Personal Injury?

Personal injury refers to any form of physical, emotional or psychological injury, sickness or disease that an individual may develop because of the negligence or intent of a third party. If this happens, the victim has the right to take legal action against the person responsible for the injury. If you live in Tampa, Florida and have suffered a personal injury because of the actions of a third party, you should contact a personal injury lawyer as soon as possible.

Personal Injury Claims in Tampa, Florida

Every state in the US has a statute of limitations when it comes to filing a personal injury lawsuit. In Florida, if you wish to contact a personal injury attorney and intend to file a personal injury lawsuit, you need to do it within four years of the injury date. Most personal injury claims that are not filed within this time-frame do not get approved. The only exception to this rule is if the victim does not become aware of the injury immediately and discovers it later. If this is the case, the courts may extend the lawsuit-filing window.

The Role of Negligence in a Personal Injury Lawsuits in Tampa, Florida

Florida’s personal injury law is designed to guarantee that the victims get compensation for any injuries or damages they incur. The compensation is in the form of financial support. However, for any personal injury claim to have any merit in court, the plaintiff and their personal injury lawyer have to prove that there was negligence and the negligence resulted in personal injury to the victims. Keep in mind that negligence is the most critical element in any personal injury case. If you can convince the court that negligence was at play, you have a strong case to get compensation or financial support.

Legally speaking, negligence is defined as the failure to exercise reasonable care. This applies to all individuals with sound mind and body who are expected to behave in a certain manner in certain circumstance so that they do not cause any harm or injury to another person. Any type of personal injury case will require a personal injury attorney who can establish negligence as the primary reason for the claim. Regardless of whether it’s a road accident, a slip or fall accident, or a case of medical malpractice, proving negligence will solidify your case.

Pure Comparative Negligence Rule in Tampa, Florida

If you live in Tampa, Florida and if you intend to file a personal injury claim, you should talk to a personal injury attorney. Also, be aware that as far as personal injury cases are concerned, Florida follows the pure comparative negligence rule. In most personal injury cases, whoever is negligent is held liable for damages. But sometimes, there are situations where more than one party is involved. If this happens, the pure comparative rule of negligence will be applied. Each party will be liable for their role in the injury. There are other states that have a cap on this rule. For example, if one party is 50% or 51% at fault, they have no right to file a personal injury claim. But in Florida, this is not the case. Even if the victim was 90% at fault, they could still seek damages for the remaining 10%. That is how the comparative negligence rule works in Florida.

However, there is one type of exception to this rule. As far as road accidents are concerned, Florida functions on the principle of no-fault. This means that if there is an accident, there is no reason to engage in the blame game. Every licensed driver in the State of Florida is required to carry minimum auto insurance coverage. This insurance coverage includes personal injury protection (PIP) which includes coverage of a minimum of $10,000 per person per crash. Therefore, if there is an accident, all damages will be paid by each individual’s insurance company. However, this is only relevant to road accidents. Any other type of personal injury claim will be based on the determination of negligence and the use of the pure comparative negligence rule.

Types of Damages in a Personal Injury Claim

Any individual who decides to file a personal injury claim can seek compensation for the following:

  • Medical expenses that they may have incurred because of the personal injury. This will include current medical expenses and any anticipated future expenses based on the treatment and diagnosis by their healthcare provider.
  • Any lost wages if the injury renders the individual unable to go back to work immediately.
  • The loss in future earnings if the injury results in some form of long-term issue that would prevent the individual to perform the same work they used to do before.
  • Any pain, suffering and emotional distress that the individual has to cope with because of the injury.

Keep in mind however that none of these damages will be paid to the injured party until their personal injury attorney can prove negligence. Simply claiming that one suffered injuries because of another person will not convince the court to approve your claim. You and your personal injury lawyer will have to show evidence to substantiate your claim.

One of the biggest sources of evidence in a personal injury lawsuit will be the medical report that the healthcare provider will prepare when they examine you after you sustain your injuries. This report will establish what you claim. It is thus very important that you seek medical attention if you were in an accident or if you sustain injuries. This is not only important for your health, but it will also function as an important piece of evidence if you decide to pursue a personal injury claim. However, if you want the medical report to have any value in court, it will have to be prepared by a neutral healthcare examiner. This will ensure that the court does not throw out your claim. By using a neutral healthcare examiner is shows that you did not manipulate the medical report or bribe/coerce the healthcare provider into writing something that is not true. You don’t want to be in such a situation. Always use an independent healthcare provider so that whatever they write in the medical report is taken seriously. You should know that in most personal injury cases, the party that you’re accusing of negligence will also have their personal injury lawyer on their side. In most cases, they will request the court that they would like a second opinion about your medical condition and diagnosis and treatment. The point is that whatever you claim in your personal injury lawsuit will need to be backed up with evidence. That is where your personal injury lawyer can prove useful.

Caps on Damages in Tampa, Florida

In most states, there is a damage cap statute in place for personal injury claims. In Florida, there is a cap on punitive damages to three times the amount of compensatory damages or $500,000 whichever is greater. There are no other damage cap laws in Florida.

Is An Out-of-Court Settlement A Good Idea?

There is no doubt that somebody who is negligent and irresponsible needs to be held accountable for their actions. However, cases that go to trial cost people a great deal of time and money. For that reason, your personal injury attorney may attempt to settle your case out-of-court. Often, the court requires mediation in civil litigation so that both parties can come to a resolution without the matter going to court. During the mediation proceedings, your personal injury attorney will present your side of the story and will ensure that they only settle if you are getting the compensation you deserve. If there is no resolution, there is no choice but for the case to go to trial.

Since negligence is the primary criteria for the success or failure of any personal injury lawsuit, you have to ensure that you have enough evidence on your side to win the case. Provide as much information as possible to your personal injury lawyer so that they can prepare a strong defense on your behalf.

You also have to remember that dealing with insurance companies is not an easy task. Even if Florida has a no-fault system for road accidents, insurance companies are not just going to hand out payment after payment. They are in this business to make a profit, which is why they will try their best to reach a settlement that would result in the lowest possible payment amount. People who have been injured do not have the stamina to deal with these companies. That is why a personal injury attorney is your best option. They can negotiate with these insurance companies on your behalf.

Also, remember that there is a statute of limitations for all personal injury cases. In Florida, if you want to get compensation for your injuries, you must do so within four years of the date you got injured. If you don’t do it within this time frame, you will not be able to get a penny out of the person responsible for your injuries.

Contact a Tampa Personal Injury Lawyer

In Florida, cases that deal with damages under $5,000 are usually settled in the small claims court. Serious injuries, which result in long-term disability or significant medical costs and loss of wages for the victims, are not handled in small claims court. You must hire a personal injury lawyer so that they can help you file your claim, negotiate with the insurance companies, handle mediation, negotiations and defend you in court if required.

A personal injury lawyer is very important when you want to pursue a personal injury claim. Your personal injury attorney will have to do the following for you to win the case:

  • First, they will have to establish that the defendant owed you a duty of care. For example, if it was a doctor whose negligence resulted in your injuries, your personal injury lawyer will have to establish that this doctor owed you a duty of care. In some situations, this duty of care is expected while in others it has to be specified. The success of your personal injury claim is dependent on your personal injury lawyer establishing that the defendant was expected to demonstrate a duty of care towards you.
  • They will also have to prove negligence. This means that your personal injury lawyer will have to show evidence that demonstrates that the defendant failed to exercise reasonable care. If your personal injury attorney can establish negligence, your case will be ruled in your favor.
  • They will also have to establish cause and effect. This means that they will have to establish that the defendant’s negligence caused your injuries. Therefore, their negligence was the cause, and your injuries were the effect of that cause. Showing the cause and effect relationship is an important task for your personal injury lawyer in any personal injury claim.

At Winters and Yonker, our personal injury lawyer will ensure that they prepare a strong defense on your behalf. This defense will include an in-depth evaluation of all critical evidence Regarding your claim. This evidence will help identify if the defendant violated their duty of care, was negligent, and their negligence caused your injuries. If you live in Tampa, Florida and if you have suffered personal injuries due to the negligence of a third party, call our personal injury lawyer so that they can help you get the compensation you deserve. There is a statute of limitations in place, and you don’t want to lose the opportunity to get justice. Don’t wait. Call us today.