Attorney Ana M. Lopez has over 14 years of experience in Personal Injury law. She has worked on wrongful death, catastrophic accidents, motor vehicle accidents, trucking accidents, premises liability matters, and products liability matters. Whether from a motor vehicle accident, pedestrian accident, boating accident, or slip and fall, if you have been injured in Florida, our law firm will be able to help you navigate the claims process.
To win your case, you must show that another person was careless, or negligent, and that carelessness caused your injury.
If your accident was recent, you’ll want to move quickly to preserve evidence. Here are a few tips to follow after an accident that injures you:
- Write down everything you can remember about how the injury occurred
- Get the names and contact information of any witnesses to the incident
- Report the incident to the proper authorities (for example, animal control for a dog bite or the local sheriff’s or police department for a boating accident)
- Take pictures of any visible injuries to yourself or others and any damages to your property
- Contact a personal injury attorney to see if you have a valid claim against the person who injured you before making any statements, written or verbal, to insurance company representatives
In Florida, many personal injury lawyers take cases on contingency, which means that they do not ask for an up-front retainer fee but will take a percentage of any proceeds you collect. This means they will be financially motivated to take solid cases and will be honest with you about your ability to file a successful claim.
Florida Personal Injury Laws
In most cases, to collect money in Florida after suffering a personal injury, you need to show that the other person involved:
- Had a duty not to injure you but failed to in that duty; and,
- The failure of that duty is directly related to your injuries; and,
- You suffered damages
However, the big exception to Florida personal injury laws is automobile accidents. Florida is considered a no-fault state, which means each person’s own car insurance will pay for injuries and damages resulting from an accident, no matter who was at fault. Each driver is required to carry a personal injury protection (PIP) policy, covering a minimum of $10,000 per person per accident.
Florida law does allow you to file a personal injury lawsuit after a car accident if the injuries are serious. Florida law defines serious personal injuries as those resulting in:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
- Significant and permanent scarring or disfigurement
It is best to speak with a Florida injury lawyer personally about your automobile accident if you believe you have suffered a serious injury and are eligible to file a personal injury lawsuit. Please call us now for a free consultation.
What Kind of Damages Would an Injury Lawsuit Cover?
If you can prove another person was at fault for injuring you, you may be entitled to be compensated for your losses. Those losses include:
- Past, current, and future estimated medical expenses
- Lost wages from work, including time spent going to and from medical appointments and therapy
- Any property damaged because of the incident
- Any permanent disfigurement or disability
- The cost of hiring someone to do household chores when you could not
- Your emotional distress, including any anxiety and/or depression
- Interference with your family relationships, called loss of consortium
- Any other costs that were a direct result of your injury
MOTOR VEHICLE ACCIDENTS:
Why hire an attorney? An attorney can help ensure you receive full benefits from the insurance company and determine whether you can file a claim for additional damages against the party at fault in the event of a car accident. If you have suffered a serious injury, we may be able to help you file a lawsuit to claim compensation beyond what is provided by insurance claims.
To be eligible for a personal injury lawsuit, the victim of the crash must have died or sustained a significant injury such as:
- Brain damage
- A significant head injury
- Permanent scarring or disfigurement
- Broken bones
Once you’ve exhausted your personal injury protection (PIP) benefits and decide you want to take legal action against the driver at fault for the crash, we can begin preparing your claim by:
- Collecting police and accident scene reports
- Questioning witnesses
- Reconstructing the accident scene
- Taking photographs of the scene, damage, and injuries
- Analyzing medical reports
- Contacting expert witnesses to review evidence
- Speaking with the insurance providers on your behalf
Call me now for a free consultation. There are no fees or costs if we do not win your case. I am available to help 24/7 on your claim.