When another party causes you to be injured, you may have the right to pursue a civil action for compensation. A personal injury settlement or jury award compensates you for your financial losses, pain, and suffering.
For many people, an accident or injury is their first time dealing with the personal injury claims process. Understandably, you might have questions about your rights and the steps you should take after an injury or accident in Florida.
Our St. Petersburg personal injury lawyers have compiled a list of frequently asked questions about personal injury cases. If you have additional questions or want more information, please call us to schedule a free consultation with an attorney.
Do I Have a Personal Injury Case?
A personal injury includes any injury to your body or emotions. You may have a personal injury case if someone caused your harm or injury, regardless of whether they acted carelessly, recklessly, or intentionally.
Most personal injury claims are based on negligence (carelessness). To recover compensation for damages, you would need to prove:
- The party owed you a legal duty of care
- Their negligent conduct breached the duty of care
- The breach of duty was the proximate and direct cause of your injury
- You incurred injuries and damages because of the other party’s actions
The best way to know if you have a personal injury case is to meet with an experienced attorney. They can assess your case during a free initial consultation.
What Are the Most Common Reasons People File Personal Injury Claims?
Personal injury cases can arise from almost any intentional or negligent acts. The most common types of personal injury cases that Florida courts handle include:
- Car accidents
- Defective product (product liability)
- Aviation accidents
- Boating accidents
- Assaults
- Pedestrian accidents
- Construction accidents
- Bicycle accidents
- Daycare and child injuries
- Dog bites and animal attacks
- Cruise ship and maritime accidents
- Truck accidents
- Medical malpractice
- Motorcycle accidents
- Nursing home abuse and neglect
- Slip and fall accidents (premises liability)
- Workplace accidents
Wrongful death actions are filed by family members when a personal injury results in the death of a loved one. A personal injury case or wrongful death claim cannot undo the harm caused by a negligent party. Still, it can provide compensation for damages to help injured victims and their families as they continue to recover.
What Damages Are Available for a Personal Injury Case in St. Petersburg, FL?
Damages are the remedy the court can offer for injured parties. They include economic damages that reimburse you for your financial losses. You can also receive non-economic damages that compensate you for the pain and suffering you experienced.
Examples of damages in a personal injury case include:
- Physical pain and discomfort
- Medical bills and expenses
- Rehabilitative therapies
- Mental anguish and emotional distress
- Lost wages and benefits
- A reduction in earning capacity
- Scarring and disfigurement
- Out-of-pocket expenses
- Personal and/or nursing care
- Diminished quality of life
- Impairments and disabilities
- Loss of enjoyment of life
Wrongful death claims compensate family members for loss of consortium, burial expenses, and loss of inheritance. An injured party may also receive punitive damages if the party who caused their injury acted with gross negligence or intentional misconduct.
How Can a St. Petersburg Personal Injury Lawyer Help Me With a Claim?
A lawyer evens the field with the insurance company. The insurance company protects its best interest, which means it tries to undervalue or deny your claim. An attorney fights to obtain the compensation you deserve for your injuries and damages.
Hiring a personal injury attorney to handle your case means that you have someone to:
- Investigate the cause of your accident or injury
- Develop a strategy to maximize your recovery based on the facts of your case
- Gather evidence proving fault and liability
- Identify all parties who could be liable for your claim
- Explain the Florida personal injury laws applicable to your case
- Handle all communications with the insurance company and other parties
- Provide you with legal advice during every phase of your case
- Hire expert witnesses to assist with your case, as necessary
- Give you honest answers and assessments about your case and settlement offers
- Negotiate insurance settlements and personal injury settlements
- Prepare all documents necessary to pursue a personal injury claim
- File a personal injury lawsuit and represent you in court, if necessary
Personal injury cases can be lengthy and time-consuming. They can be complicated and expensive to pursue. Having an experienced personal injury lawyer on your side improves your chances of receiving a fair outcome for your case.
How Much Does It Cost To Hire a Personal Injury Lawyer in St. Petersburg, FL?
Our lawyers at Lopez Accident Injury Attorneys accept cases for a contingency fee. Instead of charging you a retainer fee, we agree to accept a percentage of the amount we recover as our attorney fees. Therefore, we are not paid for legal services until we recover money for your case.
A contingency fee means you do not need to worry about coming up with money upfront to hire a lawyer. It also means that we are invested in the outcome of your case. Therefore, you can rest assured that we will do everything to maximize the recovery of your case.
What Is the Deadline for Filing Personal Injury Cases in Florida?
Florida has a two-year statute of limitations for most personal injury cases. If you do not file a lawsuit before the two-year deadline, the court can dismiss your case without considering its merits.
However, if your accident or injury occurred before March 24, 2023, you could have four years to file a lawsuit if the case is based on negligence. Wrongful death and medical malpractice deadlines have always been – and remain – at two years.
However, there are exceptions to the two-year statute of limitations. For instance, if your case involves intentional torts or strict liability, you could have a longer time to file. Cases involving children’s injuries or delayed discovery of an injury could lengthen the statute of limitations.
On the other hand, some factors could shorten the time to file a claim, such as claims involving government entities.
The Florida statute of limitations can be complicated to calculate. To avoid losing your right to pursue a court case, we encourage you to contact us today to discuss your case with an attorney.
Contact Us for a Free Consultation With a St. Petersburg Personal Injury Lawyer
You deserve to be fairly compensated for the injuries and damages you sustained because of another party’s negligence. At Lopez Accident Injury Attorneys, our St. Petersburg personal injury lawyers diligently work to obtain maximum compensation for your personal injury claim. Contact our office at (727) 933 0015 to schedule your free case evaluation.
