Tampa Personal
Injury Lawyer
Helping Individuals Injured in Tampa Accidents
Whether you are driving down Dale Mabry Highway or riding down I-275, serious, life-altering injuries and accidents in Tampa occur without warning, and pressures mount quickly. In addition to expensive medical treatment and hospitalization, which may result in missed time at work, you may have questions for a Tampa personal injury lawyer about whether you can legally recover your losses.
Florida law gives you the right to seek compensation for losses that are related to your injury if they were caused by someone else’s negligent behavior. Because this process can be complex and differs between cases, the guidance of a Tampa personal injury attorney can be invaluable to securing compensation.
If you were injured or you lost a loved one as a result of someone else’s negligence, The Fran Haasch Law Group at (813) 328-8308 or contact us online for a free, no-risk case evaluation with one of our personal injury lawyers in Tampa.
The Fran Haasch Law Group
6601 Memorial Hwy Suite 111, Tampa, FL 33615
What Are the Common Causes of Personal Injury Lawsuits?
Personal injury cases generally require proof of negligence — when a person’s carelessness resulted in someone else getting hurt. For this reason, some of the most common causes of personal injury lawsuits involve car accidents, bicycle accidents, pedestrian accidents and slip and fall incidents in which one person is at fault.
Tampa personal injury lawyers often represent clients who have sustained injuries for the following reasons:
Car Accidents
Florida personal injury claims often result from car accidents because the state hosts
millions of tourists each year in addition to over 17 million licensed drivers.
According to the Florida Department of Highway Safety and Motor Vehicles, Tampa car accidents resulted in more than 29,000 crashes, nearly 200 deaths and over 20,000 injuries in 2018. Although drivers have a safe-driving responsibility, the Tampa Bay Area’s metropolitan streets and highways present risk factors from the following negligent behaviors:
Tailgating or following too closely
Drunk driving or driving under the influence of drugs
Speeding or driving too fast for current road conditions
Failing to properly signal or follow traffic signs
Determining fault and pursuing a claim requires an understanding of Florida’s no-fault insurance system. It is important to consult or hire an attorney who can explain your options. A Tampa personal injury attorney from The Fran Haasch Law Group will work with experts who evaluate factors like distance, speed and time to determine liability in your case.
Motorcycle Accidents
Florida leads the nation in motorcycle accident fatalities. The Tampa Bay Area including Hillsborough, Pinellas, and Pasco Counties reports an average of 75 motorcyclists killed annually, nearly one every four days.
Without airbags, a protective roof, or seat belts, even non-fatal motorcycle crashes often result in catastrophic injuries. Human error accounts for most motorcycle accidents when drivers do not take time to watch for motorcyclists, which may include the following:
- Cars making left-hand turns in intersections without looking
- Distracted driving or inattentive driving
- Impaired or drunk driving
Even if you were partially responsible for your motorcycle crash, Florida is a comparative fault state. This means that compensation is awarded based on each party’s proportion of fault. You could still be eligible for compensation with the help of a Tampa personal injury lawyer.
Bicycle Accidents
According to research from the Wall Street Journal, Florida is the most dangerous place for riding a bicycle in America. In the Tampa and St. Petersburg metro area, there are an average of seven cyclist deaths per every 100,000 people. This is more than twice the national average.
Most vehicle-bicycle collisions are caused by driver negligence, and several factors contribute to making Tampa one of the deadliest places to ride a bicycle:
Warm Weather. Warmer climates tend to see a greater number of people engaged in outdoor activities like jogging and cycling. As a result, a greater number of cyclists and pedestrians are at risk.
Poor Road Design. The WSJ’s research highlights that many of the major Tampa roadways still fail to offer bike lanes or other safe passage routes for cyclists. This forces them to choose between unsafe options on the highway, the shoulder, or the sidewalk.
Driver Population. Statistically speaking, Florida has a high number of driver groups associated with a higher rate of accident and injury: young drivers, elderly drivers and out-of-state and tourist drivers.
Distracted Driving. Historically lax texting laws have shown a high correlation between driving phone use and bicycle accidents, but texting was made a primary offense in Florida in 2019.
Wrongful Death Pedestrian Accidents
In addition to dangerous biking conditions, the Tampa Bay area consistently ranks among the most dangerous places in the country for pedestrians. The high rate of bicyclist and pedestrian fatalities even led to a 2016 High Visibility Enforcement (HVE) grant offered to the Hillsborough County Sheriff’s Office and the Tampa Police Department to increase enforcement of pedestrian rules.
Florida’s “Right-of-Way” law dictates that pedestrians have the right of way when crossing the street. But when a pedestrian suffers a fatal injury from a negligent driver in a crosswalk or parking lot, a Tampa personal injury lawyer can help the surviving family receive compensation for the traumatic death and emotional pain of losing a loved one.
Slip and Fall Accidents
Unintentional falls are the number one cause of death in those 65 years and older in Florida, as well as a leading cause of traumatic brain injuries (TBI) and hospitalization. According to Florida’s premises liability law, people who have been seriously injured from slipping, tripping or falling at a place of business or residence may have a personal injury claim.
When can Tampa property owners be considered liable? These kinds of cases can be complex because the following negligence must be proven:
A property owner or their employee caused the dangerous condition
The property owner or their employee knew about the hazardous condition but failed to correct it
Dangerous conditions should have been known because reasonable property maintenance would have led to its discovery and either its repair or removal
A Tampa personal injury attorney at The Fran Haasch Law Group can help you navigate these complex personal injury accident cases to hold negligent property owners liable in court.
Other Types of Personal Injury Cases We Handle
Personal injury cases include many forms of legal negligence and wrongdoing. Here are the other common claims we handle:
Trucking Accidents.
The U.S. Department of Transportation estimates that around half a million truck accidents happen every year. In most cases, the individuals in passenger vehicles suffer much more severe injuries and a higher rate of fatality than truck drivers. A personal injury attorney can work with a team of specialists, including accident reconstruction experts, to determine who is liable.
Dog Bites.
According to the Florida Department of Health, two Floridians die due to dog bite injuries every year and more than 500 Florida residents end up hospitalized. Florida has passed laws that render pet owners responsible for ensuring that their dog is properly trained. Ultimately, they can be held liable for any dog attack injuries that occur in a public place or on private property.
Scooter Accidents.
Companies such as Lime, Spin, and Jump have been given license by the city of Tampa to provide electric scooters for the public as an alternative mode of transportation. But with the increase of e-scooters, there has been an increase of scooter accidents in Tampa.
While Florida lawmakers have established new laws and statutes to protect the public and keep up with the scooter craze, an injury caused by negligence or reckless actions can result in pursuing a claim with the help of a Tampa personal injury attorney.
Rideshare Accidents.
Forty-eight states, including Florida, have passed transportation network company (TNC) legislation to impose different minimum insurance limits on rideshare drivers for companies like Uber and Lyft. When a Tampa rideshare accident occurs, our experienced legal team may be able to recover compensation if the company or driver violated Florida rideshare law.
Catastrophic Injuries.
In general, injuries that are permanently disabling to some degree are considered “catastrophic.” The severity of a catastrophic injury depends on the circumstances leading up to the accident with injuries resulting in amputations, head injuries, traumatic brain injury (TBI), spinal cord injuries, paralysis, and severe burns. While car, truck, and motorcycle accidents are common culprits, slip and fall accidents can result in catastrophic injuries, as well.
Do I Need a Personal Injury Lawyer?
Many people assume that only those who are catastrophically injured have a legal right to hire a personal injury attorney and file a lawsuit. In reality, if an injury was not your fault and it resulted in significant medical bills, lost wages or a long-term negative impact on your quality of life, you should hire a personal injury lawyer to help you pursue fair compensation.
Strictly speaking, you are not legally required to have an attorney handle your personal injury claim in Florida. In fact, for cases in which the potential recovery for a claim is smaller than the value of hiring an attorney, you could file the necessary paperwork on your own and represent yourself in court. However, countless studies have demonstrated that hiring a personal injury lawyer increases your potential to win your case and net more in compensation.
According to the Insurance Research Council (IRC), the decision to hire an attorney can result in 3.5 times more compensation for accident claims. Settlements for injury victims were 40% higher with personal injury attorney representation than without.
Average Auto Accident Payout Amounts in Relation to Hiring a Personal Injury Lawyer*
Source: Insurance Research Council Panel Survey
*This study was conducted in 1999, so dollar figures would likely be higher today due to inflation rates.
The personal injury attorneys at The Fran Haasch Law Group are dedicated to recovering maximum compensation for your losses. Reasons to hire our personal injury firm include:
Professional representation in negotiations and in a court of law, if necessary
Access and guidance from lawyers who understand how Florida laws apply to your Tampa personal injury case
Personalized attention with an accessible client-attorney relationship
Medical experts and experienced lawyers who can increase your chance of favorably settling your claim
Contact us here to discuss your case with an injury attorney and learn more.
How to Pursue Compensation in a Personal Injury Case
After you are injured in an accident because of someone else’s negligence, a process begins by which you can pursue compensation for your losses. While the personal injury claims process may be daunting at times, it almost always follows a predictable path towards resolution.
An experienced personal injury attorney will pursue the route that leads to the best outcome for each unique case. Here is a general overview of the steps to seek compensation after an accident injury:
1. Research and Hire a Tampa Personal Injury Attorney
The first thing you need to do after being injured in an accident is to research and retain a personal injury lawyer. An essential part of this process is the case evaluation, a free consultation where you share the story and details surrounding your accident or injury. The attorney will provide an explanation of your next steps.
2. File an Insurance Claim
Within two weeks of your accident or injury, you should file an insurance claim. How you file will depend on the type of accident that occurred. For example, Florida requires all motorists to have personal injury protection (PIP) coverage and file a PIP claim within 14 days of an accident. If you were in an auto accident, you will begin by filing an insurance claim. For other types of accidents like a premises liability slip and fall accident, you might need to file a claim with a property owner’s homeowners’ policy or a commercial policy.
3. Send a Demand Letter
The demand letter in a personal injury case serves to notify the insurance company of the victim’s claim and acts as the central focus of negotiations. It typically includes information such as why the defendant is legally responsible or liable, the injuries sustained in the accident, and how much income the plaintiff lost because of time off work.
4. File a Personal Injury Lawsuit in Tampa
An attorney may believe that your case is worth pursuing and that the insurance settlement offer is too low. In that case, a personal injury lawsuit can be filed in Hillsborough County Civil Court.
5. Begin the Discovery Process to Determine Fair Compensation
Discovery is a personal injury firm’s investigation into information about your case. Attorneys on both sides will begin to gather medical bills and records, police reports, wage information, and insurance reports. Not only do these documents provide supportive details about what happened, they help to quantify the amount the plaintiff is owed for both past and future losses.
6. Negotiate a Settlement or Go to Trial
A settlement is an agreement between two parties to end the case based on certain measures. The planned negotiation is called a mediation, and most commonly, the plaintiff agrees to drop the lawsuit in exchange for an agreed amount.
7. Receive a Jury Verdict
While roughly 95% of personal injury cases do not make it to this point, the other 5% will seek a judgement from a jury. A trial will consist of the jury selection, opening statements, witness testimony, cross-examination, and jury instruction. The jury will then deliberate and provide a verdict.
Personal Injury FAQs
What does a Personal Injury Attorney Do?
In most situations, a personal injury lawyer can intervene on your behalf as demands pile up after an accident in Tampa. Your insurance company will need a statement in order to determine PIP benefits and how it relates to the other driver’s damages.
Investigating police officers may ask for details regarding the car accident. Liability insurance companies may want to know your story if you were injured on someone’s property.
Your lawyer can explain your next steps in order to negotiate a settlement. And if the insurance company undervalues your claim, a Tampa personal injury lawyer will be ready to take your case to court.
In building a case, injury attorneys have the resources to conduct on-site investigations or to hire independent investigators. The witness interviews, scene photos, videos and diagrams help them to evaluate your case and determine fault.
How Long Do I Have to File a Claim in Florida?
The state of Florida has a four-year statute of limitations on personal injury claims to be
filed in the court of residents’ respective counties, starting from the time they sustained the injury. This means you have four years from the date of your injury to file a claim or you may lose your right to compensation.
Exceptions to this rule include injury victims who are declared mentally incapacitated at the time of the accident. In this case, they would have up to seven years to file a claim depending on the situation.
A second exception is if the defendant leaves the state or intentionally tries to hide their identity in order to prevent a claim from being filed against them. In both of these circumstances, the statute of limitations can be extended.
What is My Personal Injury Case Worth?
Too many different factors affect the value of a personal injury claim, including the extent of a person’s injuries and their related costs, to predict exactly how much your case is worth. Insurance companies often come up with their own value for a personal injury claim using formulas. With the help of a personal injury attorney, you can also use important factors and state laws to calculate your economic—vehicle repair costs and medical treatment—and non-economic damages such as emotional distress.
If I Was Somewhat at Fault, Can I Still Recover Compensation?
In Tampa injury accidents, an injured party is not required to be completely free of blame in order to recover. This is because Florida is a pure comparative negligence state, which means that all parties involved in an accident will be held liable for an amount that is proportionate to their degree of fault.
For example, if a person were completely at fault for an accident, they would be responsible for the entire amount of resulting injuries. On the other hand, if it was determined that the plaintiff was actually 30% responsible for the accident, the defendant would only be obligated to pay 70% of the total damages to the injured party.
Because damages hinge on each person’s degree of fault and the negligence surrounding the accident, it is important to seek help from an experienced Tampa personal injury lawyer who understands Florida state law.
How Much Does It Cost to Hire a Tampa Personal Injury Lawyer?
Most personal injury attorneys represent clients based on a contingency fee. This means that the client does not pay by the hour. Instead, the only fee they will charge is a percentage of either your settlement or your jury award. If you do not win your case, then you do not owe the firm any fees. Contingency fees make it affordable for injured victims to obtain experienced legal help.
Request Your Free Case Evaluation
Contact The Fran Haasch Law Group
After an Accident Injury in Tampa
Most personal injury attorneys represent clients based on a contingency fee. This means that the client does not pay by the hour. Instead, the only fee they will charge is a percentage of either your settlement or your jury award. If you do not win your case, then you do not owe the firm any fees. Contingency fees make it affordable for injured victims to obtain experienced legal help.