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How You Can Pursue Compensation in a Florida Personal Injury Claim
Our Florida injury lawyers level the playing field. When you are hurt in an accident, insurance companies and big corporations can make it difficult to get fair compensation for your injuries. Our accident and malpractice attorneys are well recognized throughout the state of Florida as highly skilled and powerful trial lawyers who go up against the strongest opponents and win.
Seeking Fault-Based Damages After an Accident in Florida
In most cases, claims for financial compensation are based on the concept of fault, or “negligence.” If you were injured in an accident and the accident was someone else’s fault, then you may be entitled to full compensation for all of the financial and non-financial losses that you have sustained (and that you will sustain in the future) as a result of your injuries. This is generally true for accidents such as:
- Slip-and-fall and trip-and-fall accidents
- Falls from heights
- Car accidents resulting in significant and permanent injuries
- Commercial truck accidents
- Motorcycle accidents
- Bicycle and pedestrian accidents
- Watercraft and boating accidents
What does it mean to be “at fault” or “negligent” in an accident? Negligence take many different forms, from texting behind the wheel to failing to repair a dangerous sidewalk. Due to the numerous ways that individuals and companies can be liable for accident-related injuries and the challenges that are often involved in proving liability (more on this below), we recommend that you contact a Florida injury law firm regardless of who or what you think might be to blame for your injuries.
Seeking Financial Compensation Based on “Strict Liability”
Were you injured by a defective product? If so, then you may not need to prove negligence in order to secure a financial recovery. In Florida and other states, product defect claims are often governed by the law of “strict liability.”
Under the law of strict liability, companies that design, manufacture, and sell defective products can be held liable without proof of negligence. This is intended to ensure that companies are held responsible for selling dangerous products – and incentivize them to take the steps necessary to avoid putting dangerous products in consumers’ hands. Unfortunately, accidents involving defective products still happen all the time. If you were injured by any of the following (or any other type of product), you should speak with a personal injury attorney about filing a claim for compensation:
- Airplane or boat (or any component)
- Car, motorcycle, SUV or truck (or any component)
- Children’s furniture, toy or playground equipment
- Construction tool or equipment
- Household product or appliance
- Landscaping tool or equipment
- Medical device or pharmaceutical
Seeking “No-Fault” Compensation for Injuries from Vehicle Collisions
If you were injured in a car accident in Florida, then you may be entitled to file a claim for “no-fault” compensation under your personal injury protection (PIP) policy. Most Floridians have PIP coverage of up to $10,000 for their medical expenses and lost wages. But, while this may sound like a good thing, it actually presents a number of challenges for individuals who have been seriously injured in vehicle collisions.
- Despite being “no-fault” coverage, auto insurance companies will often aggressively fight accident victims’ PIP claims.
- In order to recover compensation beyond PIP, you must be able to prove that you have suffered a “significant” or “permanent” injury.
- If you are entitled to coverage outside of PIP (either based on negligence or strict liability), this is not something that the insurance companies are going to tell you.
For these reasons, even when filing a PIP claim with your own insurance company, it is still a good idea to select an attorney at our Florida personal injury law firm to represent you.
How Your Injury Lawyer Can Help
Putting the pieces of your life back together after an accident or instance or negligence is not easy. Our attorneys and staff members will guide you through every step of the process, helping you in ways that go far beyond simply handling your claim.
Of course, filing a successful claim is a major part of the process, and securing just compensation for our clients is at the heart of what we do. Here is what you can expect when you choose a Florida personal injury lawyer from Searcy Denney to represent you:
1. Obtaining Professional Medical Care
In many cases, it can be difficult to find the right doctor to treat your injuries. If you are not sure where to go for medical treatment, we can provide you with solid information for doctors who specialize in your area of need. We do not send you to a specific doctor, we understand how important that relationship is and you must choose who treats you, but we will provide you with the information to help you make that choice.
2. Dealing with Your Employer
If you have missed work or expect to miss work in the future (or both), we can deal with your employer for you. Your personal injury attorney can explain to your employer why you are unable to perform your job duties, and we can help you take full advantage of the benefits you have available.
3. Dealing with Your Creditors
For many people, being unable to work due to an injury also means being unable to pay their bills. If your injuries cause you suffer financial strain, we may be able to assist with your creditors.
4. Filing Your Insurance Claim
Once you obtain a diagnosis and treatment and we have a comprehensive understanding of all of the various ways that your injuries will impact your life in the future and we will make those a part of our demand for payment to the at-fault party’s insurance company.
5. Negotiating with the Insurance Company
Once we file your claim, we will negotiate aggressively for a fair settlement. We will use the evidence to paint a clear picture of liability, and we will use your medical records, employment records and other documentation to seek just compensation for all of your injury-related losses. This includes not only your losses to date, but also the losses that we anticipate you will incur in the future.
6. Our Florida Injury Lawyers Will Advise You Regarding Settlement
If the insurance company offers a settlement, we will sit down with you to go over the offer and help you make an informed decision about resolving your claim. We will let you know if we think more is on the table, and we will discuss the potential outcomes involved in taking your case to court. This is your decision after consulting with us and we will respect that decision.
7. Taking Your Case to Court
If the insurance company refuses to offer a fair settlement, we will file a lawsuit in court. While this will mean preparing your case for the possibility of trial, we will continue to negotiate, and we regularly resolve our clients’ lawsuits via settlement prior to trial. We are skilled personal injury trial attorneys, so if you want to proceed to trial, we will be there for you.
Why You Need to Hire a Florida Injury Lawyer as Soon as Possible after an Accident
In order to recover just compensation, you will need to engage a Florida injury law firm to represent you. Here are five reasons to schedule a free initial consultation as soon as possible:
1. Evidence Could Disappear
Aside from any evidence you have in your possession, the evidence needed to prove your claim could begin to disappear quickly. Your personal injury lawyer will need to conduct an investigation promptly in order to preserve all of the additional evidence that is available.
2. Eye Witnesses Could Forget Key Details
Your injury law firm will also need to get in contact with any witnesses and obtain statements from them before their memories start to fade. It is also important for your law firm to interview witnesses first before their recollections are skewed by the insurance companies.
3. The Insurance Companies Will Try to Take Advantage of You
If you do not have a lawyer, the insurance companies will try to take advantage of the fact that you are not represented. They will try to get you to settle for minimal compensation, and they will not inform you of key factors that could drastically impact the value of your claim.
4. You Could Make Costly Mistakes
In addition to settling for too little, there are numerous other mistakes you need to avoid as well. During your initial consultation, your attorney will advise you of common mistakes that could jeopardize your claim for damages.
5. You Could Run Out of Time
If you wait too long to seek legal representation, you could run out of time to file your claim. All personal injury claims are subject to statutes of limitations in Florida; and, as a practical matter, the longer you wait, the harder it will become to establish liability and recover your losses.
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