Selecting the right personal injury attorney can be one of the most important decisions you will have to make. After suffering a personal injury, you are likely weighed down with stress about what will happen next.
Who will pay your medical bills? How will you pay your personal bills? When will your life return to normal? The Tampa personal injury lawyers at Winters & Yonker are here to help you through this difficult time.
Our attorneys will answer all of these questions and any others you may have during your free initial consultation. With over two decades of experience as one of the top personal injury law firms in the country, we know how to best handle your case. We have the knowledge and experience necessary to successfully fight the insurance company or the defendant’s lawyer.
If you have suffered a personal injury fill out our contact form or call Winters & Yonker today to speak with one of our expert injury attorneys. We will aggressively defend your rights and pursue maximum compensation for your damages.
Table of Contents
Do I Have a Personal Injury Case?
In order to have a personal injury case, our attorneys will have to prove all four of the following factors:
- The defendant owed you a duty of care
- He breached this duty
- You were injured
- Your injuries were the result of his breach
In order to do this, it’s important that you do a couple of things. First, you always want to call the police after any sort of accident. The police will review the scene and create a police report. An attorney will need this report down the road.
The second thing you want to do is seek medical treatment immediately following your accident. You need to make sure you’re okay. But you also need medical documentation to prove your injuries.
After your initial consultation, we will be able to determine if you have a case and help you proceed with filing a claim.
How Much Does It Cost to Hire a Personal Injury Lawyer in Florida?
Many Florida personal injury attorneys use a contingency-based fee to make their costs fair and affordable. But what does contingency-based payment mean? A contingency fee arrangement means that you don’t pay anything upfront. Lawyers that use this fee arrangement only get paid after you receive your settlement.
This means that regardless of your financial situation, you have access to the legal help that you need. But, the contingency fee agreement does come with a few requirements. First, you and the attorney must sign a written agreement outlining the expectations and payment. Second, the attorney must follow all of the Florida rules for professional conduct.
Why Should I Hire a Personal Injury Attorney?
If you were part of an accident or suffered an injury because of someone else’s carelessness, you probably need an attorney. Filing a lawsuit for a personal injury requires a special skill set and experience in navigating the complex court systems. Don’t file a personal injury lawsuit without a specialized attorney.
Hiring a lawyer will allow you to focus on your physical recovery, while they seek maximum compensation for your damages. Hiring an attorney is shown to increase your settlement by 200+% with little to no effort for the victim. For more information on why you should hire an attorney, read more here.
How Much Money Can I Get on My Personal Injury Claim?
Personal injury claims can range between a few thousand dollars to millions, depending on the circumstances of the case. Because your case is unique from any other, there is no way to know exactly how much you should expect in return. That’s why our lawyers are willing to provide a free assessment. During that assessment, we will learn more about your case and give you a rough estimation of the value of your claim.
How Long Do I Have to File a Claim?
Within Florida, the statute of limitations for filing a personal injury claim depends on the case. Florida is one of the more generous states. However, that doesn’t mean that you should wait to file your case. Acting quickly can have a substantial impact on your case and the potential for compensation.
How Long Will My Personal Injury Case Take?
Unfortunately, it is not easy to put a specific time frame on any personal injury case. Some resolve quickly, taking just a few weeks while others can take months or even years. The time frame depends largely on the damages and extent of the injury. Another aspect that can impact the time frame on a personal injury case is how easy it is to determine liability and how many parties are involved.
What is the Difference Between A Settlement and a Trial?
Both a settlement and a trial begin the same way. A plaintiff, the person filing the claim for compensation, will name the defendant as the liable person for their damages. If they can reach an agreement on a fair compensation amount before filing a lawsuit, a settlement will occur.
If the two parties cannot agree on a settlement, the case will move on to court. The lawyer of the plaintiff will file a lawsuit, and both sides will be able to make their case in a trial. A jury will then decide, and there is no way to predict how they will respond to the case.
Most cases don’t make it to the local Tampa courts. Personal injury cases are notorious for ending in settlements. This is mostly because trials can be costly and lead to greater risk for both parties. At Winters and Yonker, we prepare for every case to go to trial, even if it appears that the claim will end in a settlement. We want to ensure our clients the best possible chance of full compensation.
What Kind of Damages Can I Seek in My Case?
In a personal injury claim, you’re seeking payment for the harm you experienced. This includes damages that are easy to quantify and those that are more difficult to assign a concrete value to and may come with some debate.
You can seek compensatory damages including:
Medical treatment received for the injury and recovery of the injury often is a primary consideration in personal injury cases. Medical bills also include pre-death medical expenses in a wrongful death case.
Estimated Cost of Future Medical Care
If you continue to need care, then you can hold the negligent person responsible. That ongoing care can range from physical rehabilitation to lifelong medical care that is now necessary because of your injuries.
Loss of Earnings
The time that you spend recovering is a time that you’re probably unable to work. While disability may help during that time, it’s not the full amount of your check. You should hold the liable party responsible for this loss.
Loss of Future Earnings
Imagine this scenario: before your crash, you were a well-established teacher. Now, after experiencing a traumatic brain injury, teaching is not a career option. You had hoped to continue that career and expected a steady stream of future earnings from it, both of which are no longer possible. These future earnings can play a role in your compensation.
Loss of Support
Services and support are often overlooked during the compensation process. You will need to find new ways to recover from losing someone that provided many aspects of support to the household. Usually, you will need to hire someone. If you lost your wife, a homemaker who cared for the children, you would need to pay someone for house chores and childcare.
Additionally, you have lost your life partner, best friend, and someone you relied on to help you when things got bad. This expense should fall to the responsible party.
Pain and Suffering
Pain and suffering go past your hospital bills and instead looks to cover all the aspects of suffering. While there is no remedy for pain and suffering, compensation can help ease some of the loss and financial stress that comes after an injury.
Anxiety, PTSD, and stress can cause lifelong struggle. Mental anguish is a very real effect of auto accidents and other incidents that lead to personal injury. If you develop PTSD or anxiety as a result of the accident, your future behavior can change and you may need to begin counseling with a mental health expert.
Types of Cases Our Law Firm Handles
If you’ve been injured in any type of personal injury, you need to call the Tampa personal injury lawyers at Winters and Yonker right away. We handle a variety of personal injury cases, including:
Thousands of people are hurt in Tampa car accidents every year. Depending on the type of accident, you could suffer some pretty serious injuries. Some of the most common types of car accidents are:
If you are hurt in a car accident, you’ll need to file a claim against the other driver’s insurance company. If they refuse to pay your claim, our auto accident attorneys will appeal your claim. We will try to settle your claim with the insurance adjuster, but if that doesn’t work, we have no choice but to file a claim against the driver.
Trucking accidents are some of the most dangerous accidents. This is because of the sheer size of the tractor-trailer and the force generated when they collide with another vehicle. No passenger vehicle stands a chance against a semi-truck. In fact, truck accidents lead to more fatalities than any other type of accident.
Some of the major causes of trucking accidents include:
- Driver fatigue
- Distracted driving
- Mechanical failure
- Too large a load
- Drunk or impaired driving
If you get into a trucking accident, you may have a claim against the driver and the company they work for. The company is liable for the actions of its drivers and may not be following the regulations which govern the industry.
There are more motorcycles on the road in Florida than any other state. This is because of the amazing weather and open roads. Motorcycles have to share the road with a lot of other cars and trucks. This can make for a very dangerous situation.
Motorcycle accidents usually cause serious injuries since there’s nothing standing between the rider and the road other than a plastic helmet. You will likely need surgery and physical therapy.
In Florida, you have limited time from the date of your accident to file a lawsuit. You really don’t want to wait this long. Contact our personal injury lawyers in Tampa right away so you can protect your rights.
A lot of us don’t know what we ever did before we had Uber. You can click a button on your phone and an Uber driver is at your doorstep in minutes. It’s cheap and convenient, but it can also be dangerous.
Your Uber driver is just as likely to get into an accident as you are. The vast majority of Uber drivers work other jobs and contract with Uber to make extra money. They are not professional drivers employed by a company in the same manner as a taxi service. As careful as they are, they’re only human.
Thankfully, Uber and its drivers carry auto insurance. If you get injured in an Uber accident, you need to file a claim against both policies. If the driver’s policy doesn’t cover all your injuries, the company’s policy is there, but you may need the representation of an expert attorney to get the compensation you deserve.
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Contact our Aggressive Attorneys at Winters & Yonker
In Florida, a lot of people love to take walks. It’s warm out and the views are amazing. Knowing this, Florida has plenty of crosswalks so its pedestrians can safely navigate the streets of Tampa.
Even with crosswalks, pedestrians are struck by vehicles all the time. Drivers are careless and don’t always pay enough attention to what’s going on around them. Some drivers even look at pedestrians as nothing more than an inconvenience.
Pedestrians involved in these accidents normally suffer serious injuries. A Tampa pedestrian injury attorney will fight to get you the compensation you deserve.
A lot of people have decided to go “green”, meaning they ride their bike to work rather than driving a car. They ride their bikes on busy Tampa roads and pray that the drivers keep an eye out for them. Sadly, this isn’t always the case.
Bicycle accidents can prove to be very dangerous – even deadly. You’ll need to spend time recovering from your injuries so you can get back to your normal life. Let an injury attorney focus on the legal side of things.
This is why it’s so important that you seek medical treatment immediately following your bicycle accident. You should get the care you need. You also need to have medical documentation to help your lawyer prove your injuries.
People say it’s safer to fly than it is to drive. Generally, this is true. The problem is that when there is a plane crash or helicopter crash, more people get hurt. They also suffer fatal or life-threatening injuries.
Some of the causes of aviation accidents are:
- Pilot error
- Mechanical failure
Our attorneys in the city of Tampa will pursue a claim against all possible defendants. Some of these defendants may include the airline, the flight crew, the airport and their mechanics who serviced the plane.
Distracted Driving Accidents
Despite all the public attention paid to the dangers of texting and driving, people still do it all the time. Although this is the biggest cause of distracted driving accidents, it’s not the only one. Some of the other types of distractions are:
- Using GPS devices
- Talking to other passengers
- Eating and drinking
- Changing the radio station
- Watching videos on handheld devices
All it takes is a second not watching the road for an accident to happen. Because the driver was not paying attention, these accidents can be especially dangerous. Your lawyer will rely on eye witness statements and cell phone records to prove distracted driving.
Drunk Driving Accidents
With the advent of ridesharing, there is absolutely no excuse for drunk driving. All drivers have to do is call for an Uber ride and they could avoid these life-threatening accidents. Sadly, many people still drink and get behind the wheel.
Our Tampa drunk driving attorneys will always tell you to call the police after an accident. This is critical in a drunk driving accident. The police officer can conduct a field sobriety test to determine if either driver is impaired at the time of the accident.
If the other driver is charged and convicted of DUI, your lawyer can use this as proof of liability. This will help them get you the compensation you deserve.
Golf Cart Accidents
A lot of people retire and move to Florida. And their biggest goal is to spend as much time on the golf course as possible. This means that there are a ton of people riding golf carts near Tampa. But, it’s not just golf courses that see their share of golf carts. A lot of communities in Florida rely on golf carts to get around. Because of their prevalence, this can lead to a lot of golf cart accidents.
You wouldn’t think that golf carts go fast enough to cause serious accidents. However, you don’t have to be driving fast to cause a lot of damage. If you’re involved in a golf cart accident, our personal injury lawyers will make sure you receive fair compensation for your damages.
Nobody ever wants to imagine their child getting hurt. We send them off to daycare or school and expect that they’re in capable hands. However, a lot of children are injured in Tampa every year.
Some of the more common child injuries are caused by:
- Daycare accidents
- Scalding accidents
- Playground injuries
- Falls and burns
The child injury attorneys at Winters & Yonker understand just how precious your children are. We’ll fight to prove that the defendant was negligent and is responsible for their injuries.
Burn injuries are some of the most painful injuries you can suffer. Even minor burn injuries are very painful. Frequently, there’s not much a doctor can do for burn victims, aside from making them comfortable while they recover.
Car accidents and house fires are the leading causes of burn injuries. But there are dozens of ways you or your child could suffer a burn. Some of these are:
- Scalding by hot liquids
- Chemical burns
- Hot food or equipment
Once you’re treated for your burn injuries, call our burn lawyers. They will seek compensation from the people responsible for your injuries.
Slip and Falls
Aside from car accidents, slip and falls may be the most common type of personal injury case. Most slip and falls take place on commercial properties. This can be at a store that has wet floors or maybe you’re in a hotel or restaurant that just mopped but didn’t properly alert patrons.
No matter where they take place, slip and fall defendants usually have insurance to cover their injuries. A personal injury attorney can help you file your claim. They can negotiate a fair settlement with the insurance adjuster while you focus on getting better.
Any time you suffer a severe blow to the head, you are at risk of a brain injury. The most serious kind of injury is a traumatic brain injury. These are common in car accidents and falls. We also see a lot of these at construction sites where workers operate at large heights with heavy equipment.
You may not know you’ve suffered a traumatic brain injury. This is why it’s so important that you always seek medical attention immediately after your accident. Some of the signs of a brain injury are:
- Memory loss
Spinal Cord Injuries
Spinal cord injuries are almost always life-changing. They’re common with dangerous falls and car crashes. Sadly, most victims of these injuries end up in a wheelchair for the rest of their lives. They may even end up paralyzed.
When you suffer a spinal cord injury, the prognosis could be bleak. You’ll need a lot of medical care. You’ll also endure a lot of pain and suffering.
Your personal injury attorney in the city of Tampa will make sure the defendant is held accountable for your suffering. Your life could change forever. Someone needs to be held accountable.
Wrongful death occurs whenever someone dies due to the behavior of another. Usually, wrongful death cases involve negligence. Someone didn’t do what they were supposed to and your loved one died as a result.
In Florida, the following people can file a claim for wrongful death:
- Any blood relative who is wholly dependent on the decedent
The damages involved in wrongful death cases may be significant. The plaintiff in these cases is entitled to demand the following:
- Lost earnings the decedent would’ve had if he was alive
- Burial and funeral expenses
- medical expenses
- Financial support the decedent would’ve provided his family
- Loss of care and guidance of the deceased
If you fall or get hurt on someone else’s property, you may have a premises liability claim. These claims are usually settled through the defendant’s insurance company.
All property owners are required to maintain safe premises for their guests and visitors. If they fail to do this, they can be held liable for any injuries that result.
Many premises liability accidents involve:
- Slip and falls
- Head injuries caused by falling debris
- Cuts and lacerations from sharp furniture
- Broken bones from unkept parking lots
Construction Site Accidents
Construction site accidents are usually very complex. This is why it’s important that you have an experienced construction injury attorney there to help navigate you through the process. You may have to file suit against multiple defendants, such as:
- Site owners
- General contractors
- Equipment manufacturers
A lot of people get these cases confused with worker’s comp cases. The difference is that your worker’s comp case is against your employer. It only allows you to recover for lost wages and medical care.
A construction accident claim is against someone other than your employer. It is intended to get you compensation for injuries caused by the negligence of third parties.
Florida is a strict liability state when it comes to dog bites. This means that a dog owner is liable for your injuries if the bite takes place:
- In a public place
- On private property as long as you’re on the property lawfully
This means that, no matter what, if their dog bites you, you are entitled to compensation.
Keep in mind, this doesn’t apply in a few situations. First, it only applies to dog bites. It doesn’t apply to other injuries caused by the dog’s behavior. Second, it doesn’t apply to trespassers.
If you think you have a case that falls under Florida’s dog bite statute, call one of the Tampa personal injury lawyers at Winters and Yonker.
Electrocution accidents can be very serious. They cause burn injuries and can even lead to nerve damage or brain injuries. It depends on the strength of the shock and how long you were exposed to it. Many victims of these injuries work in fields involving electrical lines.
Our electrocution injury lawyers will work had to prove your case by relying on the following:
- Your medical documentation showing your injuries
- Pictures and video of the accident scene
- Any witness statements
- Expert testimony
Electrical burns can be fatal. If you’ve lost a loved one due to electrocution injuries, you may also have a claim for wrongful death.
Retirement Community Lawsuits
A lot of people are excited to move to Florida when they retire. Tampa has plenty of beautiful retirement communities with excellent reputations. However, accidents happen even in the best retirement communities.
If the community doesn’t have adequate security, you could be the victim of an assault. Or, if they don’t keep their premises clean and safe, you could suffer a slip and fall.
A personal injury attorney near Tampa will make sure you’re compensated for your retirement community accident.
Swimming Pool Accidents
When it’s hot outside, we love to take our kids and grandkids down to the pool. Whether you’re swimming at a hotel or even a water park, you expect to be safe from harm.
Unfortunately, a lot of people get injured in swimming pool accidents every year. The management company may not treat the pool properly and you can get an infection. Or, they don’t mark how deep the pool is and you or your child dives in, resulting in a head injury.
Tampa personal injury lawyers handle all sorts of swimming pool accidents. Call and discuss your case with one of our experienced attorneys today.
Tourist Accident Lawyer
A lot of people head to Florida for vacation. School lets out and you can’t wait to board your plane for the Sunshine State. Nobody ever thinks their vacation could end up with them in the hospital.
Unfortunately, people suffer accidents at theme parks and other tourist attractions every year. They might fall and injure themselves in one of the buildings, or they get hurt when a ride malfunctions. Anything could happen.
This is why Tampa personal injury attorneys are ready to help. They can handle your case in Florida long after you return to your home state.
Contact our Tampa Personal Injury Attorneys for a Free Consultation
If you or a family member get injured in any type of accident, you need a good lawyer. Call our office at (813)223-6200 and schedule your free initial consultation with one of our experienced Tampa personal injury lawyers today.
Your attorney will sit down and answer any questions you may have. We will review your case and let you know what it may be worth. If you’re dealing with an insurance adjuster, we’ll contact them on your behalf.
The defendant is going to have attorneys on their side and so should you. Contact us today and speak with an experienced lawyer, risk-free. Remember, The consultation is free and you pay nothing until you settle your case.