Lakeland Personal Injury Lawyer

Lakeland Personal Injury Attorney

The term “personal injury” can define any situation in which one party’s actions inflict harm on another party. In Florida, any such incident may form the basis for a civil suit in which the injured party seeks compensation for their losses. If you or a member of your family recently experienced any type of personal injury from the actions of another party, a Lakeland personal injury lawyer can help hold them accountable.

Representing Personal Injury Claims in Lakeland, FL

The Santini Law Firm offers compassionate, responsive, and detail-oriented legal counsel for a wide range of personal injury cases in the Lakeland area. Our firm has extensive experience handling some of the most complex civil claims for damages and the resources necessary to address your unique concerns for your impending case. When you choose our team to represent you, our goal will be to recover as much compensation as the law allows for your damages.

While it is technically possible to file a personal injury claim on your own, it is risky in many ways and unlikely to yield the result you hope to see. When you have an experienced attorney on your side, they can handle the procedural aspects of your case so you can focus on recovery with peace of mind. You’re more likely to win and more likely to secure the maximum compensation possible with an attorney representing you.

You have a relatively short time in which to file your personal injury claim. Even if the fault for your damages seems perfectly clear, the actual legal process of proving fault can be more challenging than you might expect, and you could be entitled to more compensation than you realize. With the Santini Law Firm representing your case, you can rest assured we will do everything we can to maximize your recovery.

Types of Personal Injury Cases We Represent in Lakeland

It’s vital that you choose an attorney who has proven experience handling cases like yours. The Santini Law Firm regularly represents clients in a wide range of civil claims, including:

• Motor vehicle accident claims. The state upholds a no-fault rule for resolving vehicle accidents, meaning drivers are expected to use their own insurance to cover their damages after an accident, regardless of fault. However, if your damages exceed what your insurance can cover and another driver is objectively to blame for your accident, you have the right to pursue a personal injury claim against them.
• Premises liability claims. Whenever you visit someone else’s property, you have the right to expect that they have taken proper care of the premises and addressed any foreseeable safety hazards. If you suffer a slip and fall or similar accident due to a property owner’s negligence, you may have grounds for a personal injury suit under the state’s premises liability laws.
• Workplace injury claims. If you are hurt while working in Lakeland, it’s likely that you can claim workers’ compensation benefits through your employer. However, these benefits may not fully cover your damages, and you may have grounds for further legal recourse depending on how your accident happened.
• Medical malpractice. When you have been injured by a medical professional’s negligence, it can form grounds for a medical malpractice claim. This is a form of personal injury claim, but there are special rules in Florida that apply to medical malpractice cases, and you must understand them before attempting to file your claim.
• Defective product claims. If you have been harmed by a defective and/or unreasonably dangerous consumer product, the manufacturer is liable for any resulting damages. You will need to prove that the product is defective by design, by production, or due to a lack of safety indicators and/or instructions for use.
• Catastrophic injury claims. Drowning accidents, fires, high-speed vehicle accidents, explosions, and other serious accidents have a high chance of resulting in permanent harm. If you suffered any type of permanent disability or disfigurement from your recent personal injury, it is a catastrophic injury claim, and you could be entitled to substantial compensation from the at-fault party.
• Dog bite claims. If you were bitten or otherwise harmed by another person’s dog, the owner is likely liable for your damages. As long as you did not provoke the attack and you were legally present wherever the attack occurred, the dog owner is liable for all resulting damages.
• Wrongful death claims. If the victim of another party’s negligence or misconduct does not survive, their family likely has grounds to file a wrongful death suit. While similar to a personal injury claim, the state upholds special rules that apply to these cases that you must understand, and success with any wrongful death claim requires an experienced attorney.

These are just a few examples of the types of personal injury claims our firm represents. If you are unsure whether you have grounds to file a personal injury case in Lakeland, FL, it’s vital to consult an experienced attorney as soon as possible. The sooner you connect with legal counsel, the more time your attorney will have to build your claim.

Proving Liability for a Personal Injury in Lakeland

Before the plaintiff in any personal injury case will be able to recover compensation for their damages, they must produce evidence showing the exact cause of those damages and identifying the party or parties responsible. Most of the personal injuries reported in the Lakeland area happen because of negligence, or a failure to exercise reasonable care in a given situation.

Your Lakeland personal injury lawyer can help gather any evidence you may need to prove that the defendant in your claim was negligent and that their negligence directly caused your damages. You must prove they held a duty of care that they breached in some way, and then you must prove the full extent of the resulting damages. Additionally, you must establish causation, meaning you need to prove your damages did not result from any other cause.

If your personal injury was the result of some type of illegal misconduct, the defendant faces criminal prosecution from the state alongside their civil liability for your damages. For example, if you were injured by a drunk driver, they face prosecution for driving under the influence (DUI) alongside their liability for your civil damages. In this type of case, a plaintiff could receive punitive damages or restitution at the discretion of the court.

Filing an Insurance Claim for a Personal Injury

In some cases, a plaintiff will need to look to their insurance coverage before they can seek compensation for damages from an at-fault party. This primarily applies to motor vehicle accidents, which are a leading cause of personal injuries throughout the state each year. Every driver in the state needs to have personal auto insurance that meets basic coverage requirements. After an accident, drivers involved use their own insurance to pay for their damages.

An experienced Lakeland personal injury lawyer can make filing your insurance claim much easier and provide the support you need if you cannot fully recover your losses through insurance. The Santini Law Firm has helped clients in Lakeland confront the biggest insurance carriers, and we have successfully secured many fair settlements for our clients.

Claimable Damages in Your Personal Injury Case

When insurance cannot cover your damages after a vehicle accident or if insurance is not a viable option for your recovery, a personal injury suit is the ideal legal mechanism to employ as you seek compensation for your losses.

In any personal injury case in Lakeland, the plaintiff’s main objective is to prove liability for their damages and to recover fair compensation for those damages so they can be as whole as possible again. This is easier in some cases than others, and after overcoming the first major challenge of establishing liability, the plaintiff will need to prove the full extent of their claimable losses:

• When you have sustained physical harm from the defendant’s actions, they are liable for all medical treatment you need to fully recover. This includes future medical treatment costs if they inflicted severe injuries that require ongoing rehabilitative care or in-home medical treatment. Any medical care you need to reach maximum medical improvement can be included in your claim.
• If the defendant caused any property damage, they are liable for all associated repair and replacement costs. This could pertain to your home, your vehicle, or personal effects. Your Lakeland personal injury lawyer will know how to accurately assess the value of any damaged or destroyed property you intend to cite as damages in your case.
• A personal injury could leave you unable to work until you recover. If this applies in your case, the defendant is liable for the income you cannot earn during this time. Additionally, a plaintiff who has been permanently disabled by their injury can seek compensation for the future income they will no longer be able to earn.
• Florida law enables the plaintiff to seek pain and suffering compensation from the defendant. There is no limit to this aspect of their claim except in medical malpractice cases, so a plaintiff may seek as much as they believe to be appropriate to reflect the scope and severity of the harm they experienced. Your Lakeland personal injury lawyer can help determine a suitable amount to include in your claim.

After gathering the evidence, you need to prove fault, and once you have established the full extent of your claimable damages, you can proceed with filing your case against the defendant. You have a limited time in which to do this, and once you submit your claim to the court, your case could go one of two ways. Either the defendant accepts liability, and you can proceed to negotiate a settlement, or they can deny liability and demand a trial.

Settlement Versus Litigation

The Santini Law Firm typically attempts to settle our client’s cases as swiftly as possible outside of court to reduce the time it takes for them to recover their damages. However, we are prepared to represent our client in the courtroom if litigation is unavoidable in their case. Whatever your situation demands, you can rely on the team at Santini Law Firm for compassionate and responsive legal counsel through every phase of your legal proceedings.

During settlement negotiations, the parties involved meet privately alongside their respective attorneys and attempt to reach mutually acceptable terms for resolving the case. The defendant may need to part with a bit more than they would like to avoid the time commitment and additional expense that litigation entails, and a plaintiff may be willing to accept a smaller settlement in exchange for expediency. Ultimately, both parties must be willing to compromise.

If settlement is not an option, the case will need to go to trial. Both parties will present their evidence and testimony to the court, and a judge will rule on the case. It’s possible for a civil claim to unfold with a jury in some cases, and your Lakeland personal injury lawyer can explain what you are likely to see if your case proceeds to trial.

Lakeland Personal Injury Lawyer — Free Consultation

The team at the Santini Law Firm can work closely with you to build a compelling civil suit that encourages a defendant to seek a settlement as soon as possible. We have years of experience helping clients in Lakeland with all types of personal injury cases, and we will extend the full scope of our professional experience to handle your claim. Our goal is to help you approach your case with confidence and maximize your final case award.

You must file your case within the statute of limitations, and it could take longer than you expect to gather the foundational elements of your case. Your Lakeland personal injury lawyer can handle the procedural side of your case so you can focus on recovering from your injury. When you reach out to an experienced Lakeland personal injury lawyer as soon as possible after your injury, your legal team will have more time to develop a strong case for you.

FAQs About Lakeland, FL Personal Injury Laws

Why Do I Need to Hire a Lakeland Personal Injury Lawyer?

You can try to file your personal injury claim on your own, but you are far more likely to succeed when you are represented by counsel. You will also be more likely to maximize your final case award in a shorter timeframe. Your Lakeland personal injury lawyer will know which damages you can include in your claim, how to accurately calculate projected future losses and pain and suffering compensation, and they can handle procedural requirements for you.

What Is the Comparative Fault Rule?

Florida recently shifted from a pure comparative fault rule to a modified comparative fault rule with a plaintiff fault threshold of 50%. This means that as long as a plaintiff is less than 50% at fault, they can still recover compensation for their damages, and their fault percentage is deducted from their case award. However, a fault of 50% or more prevents the plaintiff from seeking compensation from any other liable party.

How Much Compensation Can I Claim for a Personal Injury in Lakeland?

The total potential value of any personal injury suit hinges on the extent and severity of the plaintiff’s damages. Once you have proven that another party is directly responsible for causing your recent personal injury, you can seek compensation for all economic losses they inflicted and as much pain and suffering compensation as you believe to be appropriate to reflect the severity of your experience.

How Long Do I Have to File a Personal Injury Claim in Lakeland?

You must file your personal injury claim within the two-year statute of limitations, which begins on the date your injury occurred. If you do not file your claim within this time limit, you lose the chance to recover compensation from the defendant who caused your injury. It’s vital to connect with a Lakeland personal injury lawyer as soon as possible after your injury to ensure you meet this deadline.

What Does It Cost to Hire a Lakeland Personal Injury Lawyer?

The Santini Law Firm offers legal representation for personal injury cases on a contingency fee basis. This means our client does not pay any upfront legal fees and pays nothing if we are unable to obtain a case award on their behalf. If we win your case, our fee will be a percentage of the total amount recovered from the defendant, so there is no risk of you paying more for representation than you win in compensation for your damages.

The right attorney on your side can enable you to approach a difficult personal injury case with confidence and peace of mind. The Santini Law Firm has the professional resources, skills, and experience necessary to resolve the toughest personal injury claims, and the sooner you reach out to our firm, the more time we have to build your case. Contact us today to schedule a free consultation with a Lakeland personal injury lawyer you can trust with your recovery.