Personal Injury Attorneys

Whether you've been injured in a car crash or through an act of medical malpractice, you may be wondering if it's worth it to bring your case to a personal injury attorney near you. In fact, the insurance company may have already reached out to you and offered a settlement for your claim. Should you still contact an attorney about your case?

From investigating the accident to negotiating with insurance companies, personal injury lawyers do it all. They gather evidence, interview witnesses, and build a strong case on your behalf. They’re skilled negotiators who can push back against lowball offers from insurance companies. And if needed, they’re ready to take your case to trial.

When to Contact a Personal Injury Lawyer

The sooner, the better. After an accident, time is of the essence. Evidence can disappear, memories can fade, and the statute of limitations can run out. So, if you’re injured, don’t wait. Contact a personal injury lawyer as soon as possible. They can advise you on your next steps and help you avoid common pitfalls.

• An attorney can ensure your rights are represented at all times.
• An attorney can negotiate with the insurance company to increase the amount of your settlement.
• An attorney can use medical experts, investigators, and accident reconstructionists to prove negligence in your case.

Because people have a legal duty of care towards each other in certain situations – such as driving on a public road or helping a patient identify serious symptoms – those who violate that duty can sometimes be found negligent.

However, to recover any compensation, you must show that someone was negligent and that you suffered damages because of their negligence.

There is also a statute of limitations that sets a time limit for filing a personal injury lawsuit. Generally, the deadline is four years from the date of the injury in Florida if the negligence claim occurred prior to March 24, 2023. Cases that arise on or after this date have a two-year time limit for filing a personal injury lawsuit.

Florida follows a comparative negligence system, which means if the injured person is found to be partially responsible for the accident, their compensation will be reduced proportionately to their degree of fault.

Florida is a "no-fault" state regarding automobile accidents, meaning each party's insurance company typically covers their own policyholder's medical expenses and other damages, regardless of who caused the car accident. However, in cases of severe injuries or permanent impairment, the injured party may pursue a claim against the at-fault party.

Gathering Evidence

Evidence is key in any personal injury case. This can include medical records, police reports, photos, videos, and witness statements. Your personal injury lawyer will use this evidence to build a strong case. They may also consult with experts, like accident reconstructionists or medical professionals, to strengthen your claim.

Personal injury laws in Florida are designed to protect the rights of injured individuals and provide them with a way to seek compensation for their losses.

To win a personal injury lawsuit in Florida, you generally need to establish:

• The defendant owed the plaintiff a duty of care, meaning a legal obligation to act with care for the plaintiff’s health;
• The defendant breached this duty of care, such as a medical professional misdiagnosing the plaintiff’s health condition or a motorist texting while driving;
• The defendant’s negligence led to the plaintiff’s injury, such as the texting driver caused an accident with the plaintiff; and
• The defendant’s negligence resulted in losses, such as medical debt, lost wages, reduced future earning capacity, pain and suffering, and loss of quality of life.

How much does a personal injury lawyer cost?

Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. Typically, they take a percentage of the settlement or award. This arrangement allows anyone to access legal representation, regardless of their financial situation.

How long does a personal injury case take?

The duration of a personal injury case can vary widely. Some cases settle quickly, within a few months, while others can take years, especially if they go to trial. The complexity of the case, the severity of the injuries, and the willingness of the parties to negotiate all play a role.

What if I was partially at fault?

Even if you were partially at fault for the accident, you might still be able to recover compensation. Many states follow comparative negligence rules, where your compensation is reduced by your percentage of fault. For example, if you were 20% at fault, your compensation would be reduced by 20%.

Can I sue for emotional distress?

Yes, you can sue for emotional distress in a personal injury case. This falls under "pain and suffering" damages and can include anxiety, depression, PTSD, and other emotional impacts caused by the injury. It’s important to provide evidence, such as medical records and expert testimony, to support your claim.

What is a contingency fee?

A contingency fee is a payment structure where your lawyer only gets paid if you win your case. The fee is typically a percentage of the settlement or court award. This arrangement allows you to pursue your case without worrying about upfront legal fees.

Do I have to go to court?

Not necessarily. Many personal injury cases settle out of court through negotiations. However, if a fair settlement cannot be reached, your case may go to trial. Your lawyer will prepare you for the possibility of court and will be there to represent you throughout the process.