Accidents can happen anywhere and at any time. Maybe you were hit by another car on the highway or slipped and fell while at a restaurant. Regardless of the type of accident you were involved in, you are likely facing devastating injuries, mounting medical bills, and other economic hardships.
After suffering a personal injury due to someone’s negligence, the insurance company might pressure you into accepting a settlement quickly but do not let them. Do not sign or say anything to the insurance company without getting advice from an experienced Wesley Chapel injury lawyer first. We work for you; adjusters work for insurance companies.
If someone else’s careless actions caused your incident, you should not have to bear the financial burden of expensive medical care. With the help of a Wesley Chapel personal injury lawyer, you could stand up to the other party and obtain the compensation you need to recover from the accident. The skilled attorneys at our firm have experience handling various injury claims, so do not hesitate to seek legal help.
Common Types of Accidents in Wesley Chapel
Our lawyers handle many different types of personal injury claims. However, there are a few kinds of accidents that are more common than others. Some of the most common types of cases are:
Regardless of the type of harm you suffered, our attorneys could work tirelessly and provide the support you need to hold negligent parties accountable for what they have done to you and your family.
How Do You Prove Liability in an Injury Case?
To recover compensation after your accident, you must prove that someone else’s negligence caused your injuries. To establish liability, you must demonstrate the following four elements of legal negligence:
- The other party owed you a duty of care
- They breached that duty
- That breach caused your injuries
- You suffered compensable damages as a result
All four elements must exist for you to succeed in your case. This is true whether you are negotiating with an insurance company or filing a civil lawsuit. Our legal team has helped many people like you prove liability and recover monetary damages after a personal injury.
What Forms of Compensation Can You Recover in an Accident Claim?
After your accident, you may seek compensation for your economic and non-economic losses. In some situations, you could even pursue punitive damages against the at-fault party.
Economic and Non-Economic Damages
Under Florida Statutes Annotated § 768.81(1)(b), economic damages include:
- Medical bills -These costs are often the majority of personal injury claims. These bills include current expenses and cost of future medical care. With our expertise and collaboration with trusted doctors, we can accurately estimate what these future costs may look like.
- Lost Wages – Many times clients’ injuries prevent them from working for a time, and also may leave them unable to do the work they were previously doing. Any income lost can be claimed in a personal injury lawsuit.
- Funeral expenses – If a personal injury unfortunately leads to a loved one passing away, you shouldn’t have to stress out about the cost of a funeral. We will help you recover these costs.
- Any other monetary loss you suffered
Non-economic damages are subjective and not easily calculated. These types of losses may include:
- Pain and suffering
- Emotional distress
- Disfigurement
- Inconvenience
Florida does not impose limits on the amount of economic and non-economic damages you can recover in a civil suit.
Punitive Damages
Punitive damages are only available in certain instances where the defendant’s actions are considered egregious. The court might rule in favor of punitive damages to punish the at-fault party and disincentivize further reckless behavior.
According to Florida Statutes Annotated § 768.73, the state caps these awards at three times the economic damages or $500,000. If you have any questions about the types and amount of compensation you could receive in your personal injury claim, reach out to a knowledgeable lawyer in Wesley Chapel.
Can Partial Fault Negatively Impact Your Recovery?
If the defense succeeds at proving you were partially responsible for the accident, you may receive a reduced amount of damages. Under Florida Statutes Annotated § 768.81(2), each party must bear responsibility for their role in the accident. Notably, this statute does not bar the injured person from obtaining compensation, even if their share of the blame exceeds the defendant’s share.
If the court determines that you were 60 percent at fault for your accident, you can still receive 40 percent of the total damages calculated. A dedicated attorney can help you calculate your damages and estimate the amount of compensation you might recover in your accident case.
What is the Time Limit for Filing a Lawsuit in Wesley Chapel?
Like many states, Florida has a statute of limitations that sets a legal deadline for filing civil lawsuits. The states impose these timeframes to ensure that evidence remains available, witness memories do not fade, and that individuals are not subject to liability indefinitely. Florida Statutes Annotated § 95.11(3)(a) states that most personal injury cases must be filed within four years from the accident date.
Failure to do so will result in the dismissal of your case, which means you may lose the opportunity to collect damages. Although this timeframe applies to filing a lawsuit, it may also affect settlement negotiations because the threat of a trial no longer exists. Our seasoned personal injury attorneys understand how the statutes of limitations works and could help you avoid having your case barred.
Contact a Wesley Chapel Personal Injury Attorney Today
It can take some time to adjust to your new way of life after suffering a severe injury. You may have trouble getting around or performing daily tasks. Dealing with a lawsuit on top of all those things can be incredibly overwhelming.
At Hancock Injury Attorneys, our goal is to help you navigate the legal system as smoothly as possible. Any injury can cause serious physical, emotional and financial consequences on your life and you may be uncertain whether you have a valid legal claim arising from your injury accident. If you are at a loss with how to proceed call our office to speak with a Wesley Chapel personal injury lawyer today, or click the button below for a free consultation so that you can focus on getting better while we take care of everything else.
