InjuryInjury Attorney in Florida
If you have been hurt by someone else’s negligence or wrongful conduct, you deserve to be fairly compensated for your medical bills, lost income, pain and suffering, and more. Florida’s personal injury laws allow an injured party to recover compensation when someone else’s negligence or intentional acts cause them harm.
Our team of experienced Florida personal injury attorneys will fight for your rights and help you to recover all of the compensation that you deserve.
Personal injury litigation of all sorts is a specialty we have mastered. We know the processes, we know personal injury law, and we have years of experience helping our clients get the compensation they deserve with individual attention.
Compensation In A Florida Personal Injury Case
A personal injury is a civil wrong recognized by the law as grounds for a lawsuit. These wrongs result in injury or losses that constitute the basis for a claim for compensation to be filed by the injured party. In other words, if a person or business causes you injury or harm, you may have the basis for a lawsuit against that person or business. The goal of that lawsuit is for you to recover compensation for the injuries and losses you have suffered.
How An Attorney Can Help You Get The Most From Your Claim
An experienced personal injury attorney can maximize the value of your personal injury claim by presenting every relevant medical and legal fact that strengthens your position. A good personal injury attorney will track down every one of these legal and medical facts and present them in a way that will maximize the value of your claim. Studies have shown that, on average, individuals represented by an attorney recover three times the compensation recovered by those who are not.
How Negligence Affects Personal Injury Claims
Simply put, a person will not be held liable to compensate you for your injuries unless they are proven to be at fault for causing those injuries, at least to some degree. Fault in a personal injury claim is based on negligence.
To prove negligence in a personal injury claim, you will need to demonstrate the following four elements:
- Duty of Care – the alleged wrongdoer owed you a legal duty of care.
- Breach of Duty – the alleged wrongdoer breached the legal duty of care by their actions or inactions.
- Causation– it was the wrongdoer’s breach of duty that caused your injuries and losses.
- Damages – you suffered physical, psychological, and/or financial harm as a result of the alleged wrongdoer’s actions.
Filing a Lawsuit and Litigating a Personal Injury Case
Filing a lawsuit and litigating a personal injury case involves a number of different phases:
- Filing and Answer – A typical personal injury case, begins with the filing of a complaint and receiving an answer from the wrongdoer or their insurance provider, then negotiating with the wrongdoer or their insurance provider to settle the claim. If no settlement is reached, a lawsuit may need to be filed.
- Discovery – During discovery, information will be exchanged between both sides and depositions will be taken from the parties involved and any witnesses in the case. Discovery may also entail gathering medical bills and talking with your physician regarding your physical injuries and prognosis for recovery.
- Mediation – Once the discovery phase has been completed, a court will often order the case to be mediated. Mediation involves more formal settlement discussions, which may or may not be successful in resolving the claim.
- Trial – If mediation is unsuccessful, then the case may have to go to trial where it will be presented before a jury of 6 people who will determine the outcome.
Our law firm understands that the only way to negotiate a successful settlement to any personal injury claim is to be absolutely prepared to try your case in front of a jury and win.
Florida’s Statute Of Limitations On Personal Injury Lawsuits
There are critical deadlines that must be met in order to pursue a personal injury claim in Florida. You generally have two years from the date of the accident to file a personal injury claim or be forever barred from doing so. This is referred to as the “Statute of Limitations”.
If you are unsure about your deadline under the Statute of Limitations, you need to consult with an experienced Florida personal injury attorney immediately. Your attorney can examine the circumstances of your particular claim and the applicable statute of limitation in order to ensure that you don’t miss your opportunity to file a claim.
Types Of Personal Injury Accidents And Injuries
There is a myriad of circumstances that may give rise to a personal injury claim in Florida. Here are the most common types of personal injury accidents and injuries:
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Slip, Trip, Fall Accidents
- Construction Site Accidents
- Cruise Ship Accidents
- Florida Rideshare Car Accident
- Bicycle Accidents
- Children’s Injuries
- Negligent Security
- Premises Liability
- Sexual Assault & Harassment
- Work Related Accidents
- Wrongful Death
Children are especially prone to injuries for various reasons. For one thing, children – particularly younger children – are extremely active and constantly in motion. Because children are continually growing, they are constantly learning about their bodies, motor skills and ability to balance. They often take different types of risks, such as climbing, jumping off of heights, hanging from buildings and trees, riding bikes fast, and more. However, childcare facilities, professionals (such as psychologists and doctors), teachers, camp counselors and athletic coaches are entrusted with the care of these children and they have the duty to properly supervise them and to create safe environments for them. If your child was injured while in the care of a daycare facility, school, camp or other facility, you may have a legitimate personal injury cause of action if negligence is established. Attorney Brandon Stein represents injured children and their parents. A free consultation is available to discuss your case.
Serious Types of Children Injuries
Only one thing matters: your child’s safety. If your child was injured by any of the following examples, you may have a cause of action:
- A defective or poorly designed product (e.g., high chair breaks and the child falls and is injured)
- Swimming pool injury
- Trampoline injury,
- School injury (on school grounds or in a school bus)
- Slip, trip and fall
- Amusement parks or other inflatable amusements (e.g., bounce houses, moon houses)
- Negligent supervision by babysitter, daycare provider, or any other supervisor
Any parent whose child was injured by a preventable car or bus accident, physical or sexual assault or other situation (such as listed above) should contact an attorney immediately to discuss possible legal options. If a child is sexually assaulted or harmed, authorities should be notified immediately.
FAQs About Personal Injury Claims In Florida
How long will my personal injury claim take?
Each personal injury claim is unique and therefore varies in duration. The length of your claim will depend on:
- The type and extent of the injuries you have suffered;
- How long it takes to finish your medical treatment;
- Whether or not liability is disputed; and
- How long it takes the insurance company to evaluate your claim fairly and reasonably.
Our law firm’s job is to get your claim resolved as quickly as possible, while getting you the most compensation for your injuries and losses.
How much will my personal injury claim cost?
At SteinLaw, we handle personal injury claims on a contingency fee basis. This means that our fee will be a percentage of the total amount of money we are able to recover for you. You pay nothing to us up front, and if we are unable to settle your claim, or if we lose at trial, we take no fee at all.
How much is my personal injury claim worth?
A personal injury claim is valued by looking at several factors, including your:
- Present and future medical treatment;
- Lost wages and income;
- Pain and suffering;
- Resulting scarring or physical impairment; as well as
- Other factors specific to your claim
We evaluate every personal injury claim individually and specifically in order to determine its full value and maximize your recovery.
Should I Sign A Release?
You should never sign a release without first consulting with an experienced personal injury attorney. You could be giving away thousands of dollars in compensation that you would otherwise be entitled to receive. This is because by signing the release, you will be giving up your rights to make any additional claims related to the accident in which you were injured. Afterward, any future medical expenses or losses you incur as a result of the injuries that the wrongdoer’s negligence caused you to suffer will be your own responsibility.
How Do I Know If I Should Take Legal Action After An Accident?
Whenever you are injured in an accident caused by the negligence of another person or business, you may take legal action against them to recover your losses (damages). However, in order to succeed, you will need to provide evidence of your injuries and losses and prove that the alleged wrongdoer is responsible for them. Doing so can be tricky and require in-depth processes ranging from obtaining video footage from a property owner to researching the fine details of maritime law on cruise ships. The legal principles that govern personal injury claims in Florida are nuanced and fact-sensitive. To find out if the facts of your situation constitute a valid claim, and whether or not you have the evidence necessary to take legal action and succeed, consult with an experienced personal injury attorney in Florida.
What Is “Mediation”?
Mediation is a process where the parties to a personal injury claim sit down with a qualified third party who will assist them in reaching a settlement that is agreeable to both sides and that is final and enforceable in a court of law.
Your Personal Injury Claim Should Get You Compensation For:
- Hospital and doctor bills
- Physical therapy
- Future and ongoing care
- Cost of medication
- Lost wages and benefits
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- And more
Brandon Stein and the attorneys at SteinLaw have years of experience navigating personal injury law and work personally to help each client receive the compensation they deserve with individual attention.
If you, your child, or someone you know was injured in a personal injury accident, call or text SteinLaw at 877.STEINLAW or fill out our contact form to arrange a free and confidential initial consultation.