Wimauma Personal Injury Lawyer

Cases of personal injury can encompass a wide variety of injuries and damages that result from the negligent actions or activity of one or more liable parties across several locations and scenarios. The most well-known types of personal injury claims may be injuries caused by motor vehicle accidents or slip-and-fall accidents. If you suspect you may qualify for a claim for your injuries in the Wimauma area, be sure to reach out to a skilled Wimauma personal injury lawyer from The Frank Santini Law Firm.

Most Common Personal Injury Claims in Wimauma

While personal injury claims in Wimauma, FL, can envelope a wide variety of scenarios, the most frequent are listed below:

• Car accidents: It’s not hard to imagine how car accidents happen on a regular basis with a large number of people on the roads who are potentially distracted or unaware of imminent danger, leading to delayed reactions. Unfortunately, these infractions can also cause severe injury, permanent alterations, or long-term impacts on a person’s life and health.
  It’s important to note that Florida has a “no-fault” insurance system for car accidents. This means that neither party in the collision is fully responsible, and their respective insurance companies will cover the cost of the damages. If serious bodily injury was sustained, the more liable driver should help pay the victim’s expenses. If the at-fault driver isn’t covered for bodily harm, a claim can be filed.
• Dog bites and other pet attacks: If the injured person was attacked while not instigating or approaching the dog, it’s usually evident that there was negligence on the owner’s part, such as not paying attention or improperly restraining an animal known to be reactive.
• Incidents at the workplace: Certain job environments, such as construction areas and manufacturing facilities, are naturally more prone to on-site accidents. Many injuries are accounted for and covered by insurance, though other cases may be deemed personal injury cases. It’s always wise to ask management or a personal injury attorney if you are unsure your injury qualifies.
• Medical malpractice: Medical malpractice continues to be a common reason for fatality across the nation. Injuries from negligent medical care are also very unexpected. Medical treatment and mistakes that worsen your injuries/conditions or extend your need to receive proper care are typically subject to personal injury damages compensation.
• Wrongful death: This type of personal injury, or rather fatality, is when negligent activity or behavior unfortunately results in the loss of life. These claims can be filed by the deceased’s close relatives, including children or a spouse.

Other Types of Potential Personal Injury Cases in Wimauma

Almost all vehicle accidents are subject to personal injury claims; in addition to cars, larger vehicles such as SUVs, trucks, and public buses also apply and often involve their own processes.

Collisions involving motorcycles or pedestrians are also considered within personal injury law and often demand higher settlements due to the more exposed nature of the victims. Accidents while in a rideshare vehicle or services such as Uber or Lyft and boating accidents are also relevant.

Furthermore, occurrences of product liability (defective merchandise), sexual misconduct, slip-and-fall incidents, and catastrophic injuries are also cases handled by experienced personal injury lawyers.

Catastrophic injuries may be those resulting from fire or gas-related accidents, electrocution, severe internal injuries including serious bone fractures, wounds of the brain or spinal cord, high-rise falls, tree collapses, and cancer proven to be an effect of something initially thought to be innocuous.

What’s Needed for a Personal Injury Claim to Be Viable?

A major factor in a personal injury claim is taking legal action within the statute of limitations, which is four years from the event. It’s advisable to begin the process as early as you’re able in order to give your attorney and your case a fighting chance. Early action will also account for sometimes lengthy filing procedures or unexpected delays. If you wait too long, you might not be able to see your case the whole way through.

For your claim of personal injury to be enforceable in legal proceedings and earn you the maximum settlement to which you’re legally entitled, it’s crucial that the negligence of the liable party is proven, and it’s better if negligence is established clearly through strong evidence.

The primary element to be proven by your lawyer is that the defendant had a duty of care to uphold and failed to do so. The offender is aware of this duty, but their negligence led them to breach that obligation of care, which resulted in injury.

One example is if a store owner in a part of town with frequent muggings fails to upgrade the dim lights outside his shop or install more security cameras. If a guest is mugged and threatened upon leaving his store, they can file a personal injury claim, and the owner could be liable. He failed his duty of needing to provide sufficient security measures on his property to protect patrons.

Requirements for Winning a Personal Injury Settlement

The next factor that must be established in a legal setting is that the injured party suffered damages. Any relevant evidence would be helpful for the case, such as bills from the ER or surgery, loss of income due to recovery, or a mental health provider’s testimony of the victim’s emotional distress or trauma.

In the mugging example, if the victim was able to take pictures of the mugger or the inadequate lighting outside the store with negligent security, this would help support their claim, as would any medical bills for treatment after the crime or testimony from family and friends.

It’s also important that your personal injury attorney is able to establish, whether to insurance companies or in a court environment, that the accused party’s negligent adherence to their duty of care is what directly caused the victim’s damages. Proving that the injuries or losses didn’t exist prior to the negligent actions is part of this. It is also effective to provide evidence that the harm likely would not have transpired had the proper duty of care been satisfied.

What Are Economic and Noneconomic Damages?

Finally, if it has been evidenced that the negligent party had a duty of care and breached it, as well as that the victim sustained injuries that resulted from the lapse in the liable person’s attention to duty, the responsible person is required to pay for damages. Compensation payouts will be within reason and only relevant to the damages resulting from the harming event.

The compensation amount must cover their medical expenses, including future costs relevant to their healing and recovery. These calculable repayments are known as economic damages. Repayment may also involve paying for the victim’s pain and suffering if effectively proven. Subjective, qualitative harms caused to the victim are noneconomic damages and may be more difficult to prove.

The Comparative Negligence Rule in Florida

When an accident occurs in Florida, fault will typically be shared between all involved parties. The percentage that you or the other party are assigned will not necessarily be equal and depends on the accident’s specific circumstances. If you are less than 50 percent at fault for the accident, then your compensation will be reduced by the amount of your liable percentage.

If you are found to be more than 50 percent responsible for the incident, you are not legally entitled to any recovery costs. For example, if you are 30% at fault, you may still recover up to 70% in damages in legal proceedings; if you are 50% liable, then you may still recover 50 percent of the damages; and if you were 60% at fault, then you are not allowed to be compensated.

Qualifications for Receiving Pain and Suffering Damages

While economic damages can be added up from the victim’s bills from medical treatment, surgery, physical therapy, evidence of loss of income, etc., noneconomic damages are less tangible. Determining how much the injured person should be compensated for their pain and suffering is a task done by a jury or a judge.

In Florida, the emotional, social, or psychological disadvantages endured by the victim as a result of their injuries are only considered for financial compensation if the injuries meet at least one of the outlined standards.

The injury must either have caused a significant and important bodily function to be permanently lost, be a permanent injury other than scarring or disfigurement that is within a reasonable degree of medical probability (meaning the harmful circumstances were more likely than not to be the cause), or have caused significant and permanent disfigurement or scarring.

How to Prove the Extent of Your Noneconomic Damages

For qualifying plaintiffs, some factors the court may consider in calculating the pain and suffering payout amount include the victim’s age, any disfigurements and subsequent psychological harm, the medical treatment that was received, and the expected length of recovery or long-term effects.

Additionally, they may note limitations the injury has on the victim carrying out various activities (self-supporting tasks like going to the bathroom, recreational hobbies), restrictions in interacting with loved ones and for how long, and effects on their overall well-being and mental/physical health.

Any evidence or documentation of how the sustained injuries have affected and will continue to impact your ability or capacity to have a normal life will help in proving your claim. You will want to establish all the required measures taken thus far in trying to maintain a sense of a normal, uninterrupted life.

Journal entries or testimonies from loved ones who have been helping you complete daily tasks, such as housework, transportation, cooking, buying groceries, or taking care of children, is strong evidence. Your personal injury lawyer may also opt to gather documentation that convinces the court of the extent of your non-financial struggles.

These may include medical records (prescribed restrictions and medications, a physical therapist’s testimony, evidence of distress from a psychiatrist), visual evidence like videos or photos, or testimonies from expert witnesses or the victim themselves.

Minimum Restrictive Caps on Payment for Damages in FL

There is no cap limiting compensation for pain and suffering in the state of Florida. The amount must be reasonable and only relevant to the injuring event at hand; the exact dollar amount of a repayment payout will vary, as it depends on the type of personal injury case, how severe the damages are, and other circumstances of the accident.

Economic damages also have no cap and often are expected to cover the entirety of the total costs the victim requires to return to full health or to the maximum level of functioning possible. Punitive damages, which are to deter similar negligent behavior from the offender going forward, are sometimes added on in addition to the expected types of damages. These damages have a $500,000 limit, and the specific amount that’s ordered of the offender is determined by the court.

Personal Injury Attorney’s Limits on Contingency Fees: Services on a Contingency Basis

Lawyers who work in personal injury law will often offer their services on a contingency basis so as to not subject the injured plaintiff to any unnecessary financial risks. Typically, the client will only need to pay their legal counsel a percentage of their awarded settlement or compensation. If the attorney doesn’t win the case for the victim, the most they may have to pay is some court or filing fees.

Before the legal proceedings really begin, the client and their lawyer will have agreed upon their percentages of the earnings should they win, and a contingency agreement will be signed, thus preventing that percentage from changing as the case goes forward. The law has restrictions and guidelines for these percentages.

If the case goes to trial, the lawyer is entitled to up to 40% of the compensation. If the compensation earned during trial is between one and two million, the lawyer is also entitled to charge an additional fee on top of the initial 40, which is up to 30%. If the verdict/settlement exceeds two million, the additional fee drops to 20%.

If the case is settled before the claim is filed or before the defendant can respond to the filing and the settlement does not exceed one million dollars, the attorney can be given up to 33.3%. The percentage drops to 20% for damages between one and two million; for those over two million dollars, the attorney’s fee drops to 15%.

If the case is appealed after trial or settlement and your lawyer has to file in order to help you collect, an additional five percent fee may be added. Different guidelines exist for medical malpractice cases. You also have the option to waive any limitations through a detailed waiver.

FAQs

Q: What Is the Personal Injury Law in Florida?

A: Injured persons have the legal right to seek compensation from the liable party whose crimes are unintentional, negligent acts, implying that they failed to uphold a duty, which caused damages. These damages may be bodily injuries, lost wages, scarring, or emotional/mental distress.

However, Florida’s “No-Fault Insurance System” states that in the event of a car accident, your insurance pays your compensation for damages. You can’t typically sue the liable driver unless there are serious injuries, including death or permanent injury/disfigurement.

Q: What Does a Personal Injury Lawyer Explain?

A: Your personal injury attorney will usually explain anything you don’t understand since navigating the law can be overwhelming and confusing at times. The lawyer will often describe how different accidents or negligent activity affects your rights and how you can legally proceed, keeping in mind county-specific claim filing procedures. Providing their legal insights in regard to your situation will better inform you on how you’d like to go forward in the case.

Q: How Much Do Personal Injury Lawyers Charge in Florida?

A: Total costs vary depending on the complexity, amount of research, and time needed to handle your case. The lawyer’s experience level and any additional skills can also influence expenses.

Most personal injury lawyers won’t charge a flat fee and more frequently opt for a contingency agreement over fixed hourly rates. A contingency basis means your attorney is paid a percentage of your earned compensation. Some fees may still need to be paid by you regardless of the verdict, like filing fees.

Q: When Should I Hire a Personal Injury Lawyer in Florida?

A: If your personal injury case was minor and you’re satisfied with the offered settlement, you may have no need to hire an attorney for your claim. However, you likely lack the legal knowledge to know if the settlement is sufficient. If the settlement amount should be more than you were offered for the circumstances, there were serious injuries, multiple parties were liable, or your claim wasn’t accepted, then you will likely benefit from the guidance of a personal injury lawyer.

Don’t Accept the Minimal Settlement; a Wimauma Personal Injury Lawyer Can Fight for You

An experienced and knowledgeable personal injury attorney wants you to get you the compensation or settlement you deserve for suffering from the negligence of others. At The Frank Santini Law Firm, we are eager to assist and guide you through all steps of this often stressful journey. We work closely with some of the most qualified medical professionals in the state.

Schedule a consultation to find out if you qualify for a personal injury claim and how to begin.