An injury attorney is a knowledgeable consultant that can guide you through the claims process. Tampa personal injury claims require work on the claimant’s part in the form of properly completed paperwork, evidence collection, and documentation. The claimant must complete these tasks thoroughly and in a timely manner; a job that is made much easier with the help of a skilled attorney. Following a traumatic incident, an attorney could prove to be a necessary component in allowing you to recover while still exercising your legal rights to compensation.
Why Hire an Injury Lawyer?
Getting professional help from a lawyer and filing a personal injury lawsuit might be the best solution for fair financial recovery for the damages caused. A professional attorney, with a proven track record of success, can improve your odds of securing optimal compensation for medial finances, pain and suffering and time spent away from work. The Tampa trial lawyers at Fiol Law Group will be able to review your case, evaluate your losses once you set up an evaluation, then fight for your financial recovery with effective legal strategies. Clients may set up a no-cost consultation today to learn more about our services.
What Must the Plaintiff Prove?
The plaintiff in a personal injury case is suing another individual or entity (defendant) for damages caused by their negligence. Three cause-effect categories of evidence must be satisfied for a successful case.
- The defendant owed some sort of duty or service to the claimant
- The defendant did not fulfill this duty
- The defendant’s lack of duty fulfillment directly caused the claimant’s injuries/damage
What Can I File an Injury Claim For?
You can file a personal injury claim against any individual or entity whose negligence caused an accident in any arena. Some common accidents that result in personal injury lawsuits are explained below.
Vehicle-related injuries are extremely common injuries often caused by driver negligence, like texting and driving. This extends to motorcycle, truck, and boating accidents as well. Faulty vehicle parts can also cause motor injury, but the defendant would become the vehicle manufacturer rather than another driver.
Premises liability injuries are caused by accidents that happen on another person’s property. If the owner of any building or facility does not properly maintain the premises and/or educate their visitors about its associated dangers, the court would consider them negligent.
Medical malpractice occurs when a medical professional breaches their duty. This can happen through cutting corners in practice or by deviating from the services that were previously arranged with the patient. Injury that results from medical malpractice is cause to seek a personal injury claim.
Wrongful death claims are filed on behalf of the deceased. Wrongful death shares the same causes as those involved in personal injury lawsuits. However, the defendant’s negligence goes further and results in fatality rather than just injury.
What Damages Can I Pursue?
Personal injury lawsuits address more than just the medical bills accrued as a result of the injury caused by the defendant’s negligence. This type of claim is geared toward recompensing a plaintiff for all types of damages.
- Medical bills – This includes recurring costs like medication prescriptions and follow-up visits
- Lost income or wages associated with the injury
- Property damage resulting from the incident
- Pain and suffering/emotional distress
Especially in trauma-related cases, pain and suffering is a viable form of damage to pursue. Although the incident itself cannot be undone, you are entitled to compensation reflective of the trauma that your experience and injury have inflicted.
How Long Does a Personal Injury Claim Take?
The person who was not at fault will become the plaintiff in the case. The incident in a personal injury claim usually takes about 7-10 days to be issued. This initial and potentially traumatic portion of your claim will not have a big impact on how long it will take for your personal injury lawsuit to settle.
When Should I File?
Many states require claimants to file personal injury claims within two years of the incident, though some – like Florida – allow for four. Despite the lengthy timeframes, you should still file your claim as soon as possible. Evidence is best-collected soon after an accident to prevent it from being lost or even destroyed. It may feel difficult to keep on your toes following trauma, but this is what an attorney is for. A professional will help you secure evidence, interview witnesses, build your claim, and even submit it to the court for you. Moreover, the sooner you file your claim, the sooner the court can process it and initiate the settlement process.
Mediation and Settlement
It takes roughly four to six months to complete the settlement process. Mediation is a term to describe both parties’ meeting and discussing the terms of the claimant’s settlement compensation. Negotiation takes place during most settlement meetings – most individuals and organizations are hesitant to simply hand over thousands of dollars. Your attorney will provide counsel during mediation and help you determine what a fair settlement offer entails versus an offer that attempts to cheat you out of full compensation.
Personal injury lawsuits can be time consuming and stressful following a traumatic incident. However, you don’t have to navigate the claims process alone. Personal injury attorneys leave no stone unturned when helping their clients through their cases, providing much needed relief to those who are still recovering from their emotional and physical injuries.
Schedule a Free Consultation with our Tampa Injury Lawyers
learn more about what our attorneys can do for you, schedule a complimentary
case evaluation today at our personal injury law firm located in Tampa. We can help
you get an idea of possible outcomes for your personal injury lawsuit, and we
will do everything we can to maximize the amount of your settlement. If another
person put you in harm’s way, it’s important to act and hold them accountable. We
offer legal services for both English and Spanish speakers. If you need an
attorney to fight on your behalf, contact our law firm to
request your consultation today!