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In general, a personal injury case involves a dispute where you or a loved one suffered some type of injury to their person due to the actions, inactions, or negligence of someone else.

EXAMPLES OF FLORIDA PERSONAL INJURY CASES

There are many types of personal injury claims for damages in Orlando, and across Florida.  Some of the most common types of personal injury cases include:

1. Car Accidents. Drivers on Florida roads have a duty to exercise reasonable care when they are behind the wheel of any type of motor vehicle. If a driver fails to exercise reasonable care and you or a loved one are injured, you may have a claim for personal injury.
2. Commercial Vehicle Accidents. Semi-truck or other commercial vehicle accidents can cause serious injuries to you or a loved one. Commercial vehicle accidents in Florida, have their own set of complex legal issues because there may be more than one party that can be held liable for your or your loved one’s injuries.
3. Motorcycle Accidents. Motorcyclists are injured more often than any other type of drivers, and you are more likely to be killed in the event of a motorcycle accident.
4. Bicycle Accidents. Because Florida motorists don’t always give the proper right of way to a bicyclist, serious injuries may occur if you or a loved one is involved in an accident while you’re riding your bicycle.
5. Nursing Home Abuse. If a loved one getting a proper standard of care owed to them or are being physically and/or mentally abused, neglected, or is a victim of health care fraud by someone employed by the nursing home and/or assisted living facility, there may be a personal injury claim.
6. Dog Bites. Florida adheres to strict liability laws when it comes to dog bites. You or your loved one don’t have to prove negligence to receive monetary compensation for your injuries. One of the exceptions is if you or your loved one was bitten by a police dog.
7. Medical Malpractice. There are instances where Florida medical professionals make mistakes or breach their duty to you or a loved one. If that happens, and the result is injury or even death, you may have a Florida claim for personal injury for medical malpractice.
8. Wrongful Death. Florida’s wrongful death statute says that a lawsuit can be brought by the deceased’s spouse and/or children when a family member has died due to the deliberate, reckless, or negligent action of another.

EVIDENCE FOR PERSONAL INJURY CASES IN ORLANDO

Most personal injury cases turn on identifying fault for the accident. That is the legal term for responsibility. A defendant only pays compensation if they were at fault for the accident and your injuries.

Fault is often a contested issue. It would be nice if the defendant admitted they were to blame for your car accident or slip and fall, but that is not the case. Many defendants dig in and blame the victim. They argue there isn’t sufficient evidence to prove they are at fault.

Certain evidence can help us visualize the accident:

• Witnesses. Anyone who observed the accident can share what they saw. For example, a witness might have seen a driver run a red light before T-boning your vehicle. This testimony helps establish fault.
• Police reports or other records. These records help us understand basic details about the accident. The officer might have observed evidence that helps show fault.
• Photographs of the accident scene. If you slipped on something, then a picture is golden. We also use pictures of damage to cars to show how the vehicles crashed into each other.
• Dash camera footage. Some vehicles have cameras mounted to the dashboard that continually record what is happening outside. If lucky, a nearby vehicle might have recorded the crash.
• Medical records. These are critical for establishing your injuries. X-rays and other records can help us see how your body suffered a traumatic blow.

Most of the evidence is at the scene of the accident and can disappear if not preserved. Try to take photographs and speak to witnesses at the scene if you can move around.

Our legal team can search for other useful evidence. For example, we can interview witnesses if they are identified. We might also look to see if an accident was recorded on surveillance cameras. Many businesses have cameras set up as a security feature, and we can ask to review footage. It might have captured the accident.

STATUTE OF LIMITATIONS IN FLORIDA

Florida sets forth a time limit that dictates when you or a loved one can file a claim for damages if you or a loved one has been injured in some manner and is referred to as the Statute of Limitations. In Florida, you have two years from the date of your injury to file a personal injury claim on behalf of yourself or a loved one.

The two-year Statute of Limitations begins on the date you or your loved one was injured. If you wait and don’t file your claim until after the two-year limit has expired, the judge will dismiss your claim and you may not be able to receive any monetary compensation for you or your loved one’s injuries.

TYPES OF DAMAGES AVAILABLE IN ORLANDO PERSONAL INJURY CLAIMS

There are generally two types of damages available in Florida for personal injury claims: tangible and intangible.  The most common types of damages awarded include:

1. Lost Wages. In Orlando, Florida, it’s possible you or a loved one who’s been injured to have to take weeks or even months off work. You should be compensated for lost wages by the person who caused your injuries.
2. Medical Bills. In Florida your medical bills must be paid by the person responsible for your injuries.  However, this may become complicated because your Orlando, Florida personal injury attorney may also have to calculate future medical expenses if you or your loved one requires future medical treatment for your injuries.
3. Pain and Suffering. Pain and suffering is considered to be an intangible damage in Florida and it involves past and future pain and suffering you or your loved one may have to endure due to your injuries.

PUNITIVE DAMAGES AND YOUR PERSONAL INJURY CLAIM

Some of our clients can seek punitive damages where the defendant’s conduct is more blameworthy. For example, a defendant who intentionally injured a victim or acted with gross negligence should pay punitive damages as a form of punishment. Their conduct is more severe than being merely negligent. A hefty punitive damages award will act to deter future misconduct.

We need clear and convincing evidence that punitive damages are warranted. Our firm has sought them when the defendant intentionally injured the victim or was intoxicated at the time of the crash. Let us analyze the facts of your case. Florida law does cap punitive damages, but they are worth requesting in many cases, nonetheless.

HOW MUCH IS YOUR ORLANDO, FLORIDA PERSONAL INJURY CLAIM WORTH?

There are many things that can impact the value of you or your loved one’s personal injury claim, and there isn’t a simple formula that you can use in placing a value on your individual personal injury claim.

Your Florida personal injury attorney will use their experience, skill and knowledge of the Florida legal system to come to an estimate of damages based on specific issues in your individual personal injury case.

Damages such as your lost wages, medical bills, and other tangible damages are easy to calculate and are rarely disputed by the other side.

However, intangible damages such as pain and suffering and emotional trauma aren’t so easy to calculate. The facts of your case will be presented to a judge and/or jury by your Orlando personal injury attorney who will come up with the amount of monetary damages they believe best compensates you for your intangible injuries.

FAULT ISSUES IN A FLORIDA PERSONAL INJURY CLAIM

In Florida uses what’s referred to as “comparative negligence.” This means that you or your loved one will be able to recover monetary damages for your injuries even if you may be partially responsible for the accident.

However, if you or your loved one was found to be 51% responsible for the injuries or more, you won’t be able to receive any monetary compensation for you’re the injuries you incurred in the accident.

Florida’s law can also take a bite out of your settlement if you were 50% or less at fault. Any compensation is reduced proportionally. For example, a person who is 33% at fault might only receive $80,000 even if their damages were worth $120,000. This is a reason to always take an allegation of fault seriously.

THE DANGER OF PROCEEDING WITHOUT A LAWYER

Some injury victims are tempted to tackle their own claim. They don’t see a lawyer as a benefit to their case, only an unnecessary expense. But there are real mistakes that accident victims make which can undermine an injury claim:

• Failure to preserve evidence. You have the burden of proving fault. Too many accident victims think they only need to show they are injured and can win based on that fact alone. But the defendant might not agree they are to blame, even if they hit you with their car. A lawyer can find evidence when you need to rest and recover.
• Making unnecessary comments about your case. You can easily undermine your claim by saying something that makes it sound like you are accepting fault. Some insurers will reach out for a recorded statement, which you absolutely should not give. It is too easy to say something that sounds like you are liable for the accident.
• Accepting a small settlement. Do you know how much your claim is worth? Without a lawyer’s help, you could accept a small settlement and sign away your rights to receive more.
• Stopping medical treatment too soon. A defendant will likely blame you for continuing to feel pain or for having permanent disabilities. It is critical to receive prompt care and not stop treatment too soon. Talk with our office if you do not think your current treatment plan is working. It might be time to get a second opinion.

JustCallMoe to learn more about how we can help with a personal injury claim. Our firm has helped many people injured in Orlando accidents seek compensation after suffering significant injuries. We are also affordable. We do not charge any upfront legal fees and only get paid if we win your case.

Settlement versus Trial

Very few cases go to trial in Orlando, especially in personal injury cases. However, there are a few situations where we might need to file a claim in court to vindicate our clients’ right to fair compensation:

1.   The insurance company is dragging its heels. They usually delay investigations to pressure the victim into accepting a small settlement. By filing a claim, we signal we are ready to fight.
2.   There are disagreements over fault. This is the hardest issue to decide in negotiations. If we can’t find common ground, we will need to present your case to a jury, which will allocate fault for an accident.
3.   The defendant does not believe you are seriously injured. Another disagreement involves damages. We are aggressive in seeking full and fair compensation. Many defendants want to pay next to nothing, even to seriously injured victims. We might need to ask a jury to determine the value of your claim.

You can count on our firm to present your case forcefully in court. Other firms are afraid of a courtroom, but we relish the chance to protect our clients’ rights.

WHY YOU NEED AN ORLANDO, FLORIDA PERSONAL INJURY ATTORNEY

It works to your advantage to hire a knowledgeable Florida personal injury lawyer if you or a loved one has been injured.  Your skilled and knowledgeable Orlando, Florida attorney can evaluate your claim, investigate your case, call on expert witnesses, if necessary, and be a strong advocate for you to the insurance company and if your case goes to trial.

Personal injury law can be confusing and complex. In addition, there are specific rules, procedures, and dates that must be adhered to by law and with the Florida courts.

Having someone to relieve part of the burden and stress of your personal injury claim can allow you to focus on healing, knowing that your Orlando personal injury attorney at JustCallMoe is fighting hard to get you the monetary compensation you deserve. Call our firm at 866-225-5663 for a consultation.