The physical and emotional effects of an accident can be tremendous. You may feel dazed and frightened. You may not know where to turn for support.
That’s why it is important to have a Tampa Bay personal injury attorney from The Fran Haasch Law Group on your side. Our personal injury attorneys will guide you through the process and ensure you get the compensation you deserve.
Contact The Fran Haasch Law Group today for a free case evaluation.
What To Do If You’ve Been Injured in an Accident
If you’ve been injured in an accident, the first thing you should do is seek medical treatment. Once you have been treated and are stable, contact an experienced personal injury lawyer to discuss your case. The sooner you take action, the better your chances of securing maximum compensation for your injuries.
Personal Injury Law in Florida
A personal injury is an injury to the body, mind, or emotions instead of an injury to property.
Personal injury law involves a broad range of accidents and injuries, from medical malpractice to catastrophic injuries. Many personal injury cases involve motor vehicle collisions, but many other types of incidents may give rise to a claim for compensation.
What Is a Personal Injury Claim?
An injury claim is a type of civil lawsuit that seeks to hold the responsible party liable for someone else’s injuries or death. It can be filed by the injured person or their family members. A personal injury claim can be filed in state or federal court, and the damages that can be recovered vary depending on state law.
How to Know if You Have a Valid Claim
The first thing to do after you’re in an accident is figuring out whether you have a case or not. The best way to do this is to speak with a personal injury attorney. Our injury lawyers are experts in personal injury law. They can help you determine whether or not you have a case, and they can also help you get the compensation you deserve.
If you want to assess this before you call our office for a free case review, three factors must be present for you to have a valid injury claim:
- Injury: You must have suffered an actual injury as a result of the accident. Examples include spinal cord injuries, brain injuries, minor injuries, or other serious injuries.
- Fault: The accident must have been caused by the negligence of another party.
- Damages: You must have suffered damages as a result of the accident. This could be physical, emotional, or financial damages.
If you meet all three of these factors, you may have a valid personal injury case and should speak with one of the Tampa Bay personal injury lawyers with The Fran Haasch Law Group.
Determining Fault in Personal Injury Cases
Before you can recover damages in your personal injury case, you must show that the other party was negligent.
Things to consider when determining fault include:
- Duty – the defendant had a duty to act with reasonable care.
- Breach – the defendant breached this duty, which means that they did not act with reasonable care. For example, drivers have a responsibility to operate their vehicles carefully and safely at all times. If they fail to do so, they may be considered negligent.
- Causation – the defendant’s negligence must actually cause the victim’s injuries.
- Damages – if a person is injured because of someone else’s negligence, they should not have to shoulder all of the financial burdens for their accident-related expenses and losses. The responsible party should be held liable for the victim’s damages.
Negligence vs. Strict Liability
Negligence is when someone fails to act in a way that would be reasonably expected under similar circumstances. A person who has acted negligently can be held liable for damages if their negligent actions caused harm or injury to another person.
Strict liability is a legal concept that holds a defendant liable for any damages caused by their product even if they were not negligent in designing it.
How to Prove Negligence
When establishing your case, you must prove that the defendant caused your injuries through negligence or intentional misconduct. Negligence involves actions like drinking while driving or failing to keep maintaining machinery.
You will likely be required to present evidence to prove your claim. These may include:
- Medical records
- Police reports
- Witness statements
- Photos of the accident scene/damaged vehicle(s)
- Video surveillance footage
Our Tampa Bay personal injury lawyers can help you gather and preserve this evidence while it is still available. However, you should keep in mind that time is of the essence when filing an injury claim.
The Statute of Limitations in Florida
The statute of limitations is the timeframe within which a personal injury lawsuit may be filed. In Florida, it’s four years from the date of your accident or discovery of an illness caused by negligence.
If you fail to file your case before this period expires, then you lose all legal rights to pursue compensation for any damages that result from it.
Florida is a comparative negligence state. This means that your damages may be reduced if you are found to be partially at fault for the accident.
For example, if you are awarded $100,000 in damages but are found to be 40% at fault for the accident, your award will be reduced to $60,000.
Filing a Wrongful Death Claim
If a loved one has died as the result of another person’s negligence, you may be able to file a wrongful death claim. A wrongful death claim is a type of personal injury lawsuit that allows the surviving family members to seek damages for their loss.
What Does a Tampa Bay Personal Injury Lawyer Do?
A personal injury lawyer represents clients who have been injured in an accident. They may file a lawsuit to seek damages for their injuries on behalf of the client. Lawyers typically take cases on a contingency basis, which means they will not be paid unless they win or settle the case. This arrangement can help reduce the client’s financial burden and allow them to focus on recovering from their injuries.
A personal injury lawyer will:
- File your claim.
- Negotiate with the insurance company.
- Take your case to trial if necessary.
How to Prepare for a Personal Injury Case
If you have been injured in an accident, you can do a few things to prepare for your personal injury suit. First, make sure you keep all of your medical records and bills related to the accident. You should also track any lost wages or income as a result of the accident. Gather evidence of the negligence that caused your injuries, such as photographs from the scene or witness statements. You can also take notes about how you’ve been affected by the accident and keep a journal to record any new developments in your recovery process. Finally, make sure you have contact information for anyone who might be able to help with your case (such as an employer).
Compensation You Can Recover in a Tampa Bay Personal Injury Case
There are a number of types of damages that can be recovered in a personal injury case.
Economic damages are those that can be quantified in terms of money, such as medical expenses, lost wages, and property damage. These damages are typically awarded to compensate the victim for their financial losses.
Non-economic damages are those that do not have an easily quantifiable value. Non-economic damages include pain and suffering, emotional distress, loss of companionship or society (if your spouse died), disfigurement, and other intangible losses. The amount of non-economic damages you can receive will depend on your accident’s circumstances and how your injury has affected your life.
Punitive damages are awarded in cases where the defendant’s actions were particularly egregious or reckless. Punitive damages are designed to punish the defendant and dissuade them from repeating their behavior.
Personal Injury Cases We Cover
At The Fran Haasch Law Group, our Tampa Bay personal injury attorneys cover various cases that fall under personal injury law. This includes:
- Auto Accidents
- Motorcycle Accidents
- Rideshare Accidents
- Bicycle Accidents
- Trucking Accidents
- Slip and Fall Cases
- Dog Bite Injuries
- Wrongful Death
- Catastrophic Injuries
The Fran Haasch Law Group Helps Accident Victims
A personal injury has the potential to take over your life, leaving you overwhelmed and buried in debt.
Our attorneys have a reputation for getting the results our clients need and deserve. If you have been the victim of a car accident but are unsure whether or not you have a legal case, we are here to help. Call now for a free evaluation at (727-637-0100.)