When we leave the house in the morning, the last thing we think about is getting into an accident. However, thousands of accidents occur in Florida every day, and when they do, it is important to have a personal injury lawyer you can trust on your side.
After an accident, it’s important to:
- Seek medical attention: Even if you feel fine, it’s important to get checked out by a doctor.
- Gather evidence: Take pictures of the accident scene and get the contact information of any witnesses.
- Contact a personal injury lawyer: An experienced lawyer can help you navigate the legal process and ensure you are fairly compensated for your injuries.
Call the Florida personal injury lawyers at The Fran Haasch Law Group today for a free case review if you or a loved one has been injured in an accident.
Common Personal Injury Cases In Florida
Various situations can result in a personal injury claim, but some of the most common we handle include:
Car Accidents
According to data, as a state, Florida ranks third with the greatest number of fatal motor vehicle accidents and the second most dangerous state for drivers.
Car accidents happen for several reasons, but some of the most common causes include distracted driving, drunk driving, and speeding. If you’ve been injured in a car accident that was caused by someone else’s negligence, you may be entitled to compensation for your injuries.
Trucking Accidents
Trucking accidents are some of the most dangerous types of accidents on the road. These large vehicles can cause serious injuries and even death. If you have been involved in a trucking accident, it is important to know that you have rights, and there may be multiple parties who can be held liable for your injuries.
Motorcycle Accidents
At The Fran Haasch Law Group, we’re especially familiar with what motorcycle riders go through when they’re out on the road.
We understand that other drivers often don’t see them, and the injuries can be devastating when accidents happen. That’s why our experienced motorcycle accident lawyers will fight for you to get the compensation you deserve.
Bicycle and Pedestrian Accidents
Bicycle and pedestrian accidents are some of the most common types of accidents in Florida. In fact, the Tampa – St. Petersburg – Clearwater area is listed as one of the top 10 most dangerous metros in the US for pedestrians.
These accidents can often be caused by negligent drivers who are not paying attention to the road.
Wrongful death
Expenses from medical bills and funeral costs can begin to deplete the financial resources available to the family.
Wrongful death lawsuits allow surviving family members to seek compensation for losses resulting from their loved one’s passing.
Are My Injuries Serious Enough to File a Claim?
As long as someone else’s negligence caused your injuries, whether they were non-fatal or very serious injuries, you may be able to file a claim. It is important to speak with an attorney to discuss the facts of your case and whether you have a valid claim.
Most claims include injuries such as:
- Broken Bones
- Lacerations
- Burns
- Traumatic Brain Injury
- Spinal Cord Injuries
If you or someone you know has been injured in an accident, please call our office for a free legal consultation. Our personal injury lawyers will review your case and let you know your options. We may be able to help you get the money you deserve for your injuries.
Understanding Personal Injury Law in Florida
The first step to having a successful personal injury claim in Florida is gaining a better understanding of the laws that affect personal injury claims.
When you’re looking into filing a claim, it may seem overwhelming at first, but the most important thing to know is that claims are based on a theory of negligence. Essentially, negligence is when somebody else’s careless actions result in your injuries.
Determining Fault and Proving Negligence in Your Personal Injury Case
The first step to proving negligence is determining who the at-fault party is. Proving fault helps establish if negligence was involved. To do this, you or your personal injury lawyer will need to gather evidence.
Proving negligence is not always black and white; often, more than one party can be found at fault. Having a personal injury attorney on your side who knows how to navigate these types of cases is crucial to getting the compensation you deserve.
The Elements of Negligence
Once fault has been established, the next step is to prove the at-fault party’s negligence led to your injuries. Negligence is broken into three parts: Duty of Care, Breach of Duty, and Causation.
Proving the At-Fault Party had a duty of care
A duty of care is the legal responsibility of one party to protect another from foreseeable harm. In personal injury cases, the duty of care is usually between the at-fault party and the injured victim.
For example:
- A driver has a duty to operate their vehicle in a safe manner
- A property owner has a duty to maintain their premises in a safe condition
- A doctor has a duty to provide adequate medical care
Proving the At-Fault Party Breached Their Duty of Care
Once you have established that the at-fault party had a duty of care, you will need to prove that they breached that duty. To do this, you will need to show that the at-fault party did not take the necessary precautions to prevent the accident from happening.
For example:
- A driver who was speeding or driving recklessly breached their duty of care
- A property owner who failed to fix a broken step breached their duty of care
- A doctor who made a mistake during surgery breached their duty of care
Proving the At-Fault Party’s Breach Caused Your Injuries
After you have established that the at-fault party breached their duty of care, you will need to prove causation. This means that their actions were the direct cause of your injuries. Proving causation can be difficult but is often done by gathering evidence such as:
- Police reports
- Photos of the accident scene
- Witness statements
- Medical records
Proving these three elements can be tricky in some cases. Sometimes there could be a negligent party, and they could still not be considered responsible.
For example, if you slip and fall in a restaurant, resulting in an injury, but the owner put out a wet floor sign that you failed to read, they may be at fault for the accident but not negligent since they took precautions to warn you of the accident.
The best way to prove negligence is by working with a Florida, personal injury attorney who can investigate your accident and help you gather the evidence you need to build a strong case.
Understanding Comparative Negligence in a Florida Personal Injury Claim
In a personal injury claim, fault is determined by looking at how each party contributed to the accident. Your claim may be worth pursuing, even if you’re partially at fault for an accident.
In March 2023, Florida implemented HB 837, which changed the state’s fault system from pure comparative fault to a “greater percentage of fault” system. This new system restricts parties from recovering damages if they are more than 50% responsible for their own harm.
For example, if a jury finds that a plaintiff is 20% at fault for an accident, their damages will be reduced by 20%. If they are awarded $100,000 in damages, they will only receive $80,000. However, if they are found to be 51% at fault for their injuries, they will be barred from collecting any damages.
Filing Your Claim in a Timely Matter is Important to Recover Compensation
in Florida, the statute of limitations for personal injury claims is four years. This means you have four years from the accident date to settle your claim or file a lawsuit. Following the statute of limitations is extremely important; if you miss this deadline, you will not be able to recover any damages.
Even if you’re not sure if you have a case, contact an attorney as soon as possible after an accident so they can start investigating and gathering evidence.
Recovering Compensation in Your Claim
After an accident, you and your family may grapple with estimating the full extent of damages. There may be medical bills, time lost with your family, the time it takes to heal, and even personal care you may need as you recover. While money can’t make up for everything you’ve lost, it is a good start to rebuilding your life.
Economic Damages
Economic damages are tangible losses that can be calculated, such as:
- Medical Bills
- Lost Wages
- Loss of Use of Property
- Costs of Repair or Replacement
- Domestic Services
- Loss of Employment or Business Opportunities
Non-economic Damages
Non-economic damages, also known as general damages, refer to intangible losses that are harder to quantify, such as:
- Pain and Suffering
- Inconvenience
- Emotional Distress
- Loss of Society and Companionship
- Loss of Enjoyment of Life
Punitive Damages
Punitive damages are a type of damage that may be awarded in a lawsuit if the other party’s actions were particularly egregious. These damages are meant to deter the defendant from engaging in similar behavior in the future.
Punitive damages are not common and are usually only awarded if the case is very strong.
4 Steps to Filing and Settling a Personal Injury Claim in Florida
The most stressful part of pursuing a claim may be the waiting period between each step of the claim. At The Fran Haasch Law Group, we want you to be as worry-free as possible. Our Florida personal injury attorneys will walk you through every step of your claim.
- Investigation and Claim Filing – Your attorney will investigate the accident and gather evidence to support your claim during this stage. Once they have gathered enough evidence, a claim will be filed with your insurance company.
- Negotiation Phase – Most cases will settle through negotiation. Your attorney will work with the insurance company to reach a fair settlement agreement. If they cannot reach an agreement, the case will go to trial.
- Filing a Lawsuit and Discovery – Your attorney will file a complaint to initiate a lawsuit. Both sides will exchange evidence and take depositions during the discovery phase. Depositions are sworn statements from witnesses that can be used in court.
- Trial – If your case goes to trial, both sides will present their evidence and argue their case before a judge or jury. The judge or jury will then decide who is liable and how much the injured party should receive in damages.
A settlement may be reached during any stage of your case. If you reach a settlement agreement, you must sign a release waiving your right to sue. Once the release is signed, the insurance company will issue a check for the agreed-upon amount.
How to Find a Personal Injury Attorney in Florida
When you’ve been injured in an accident, it’s important to find an experienced personal injury attorney who can help you get the compensation you deserve.
One of the best ways to find a personal injury attorney is to ask for referrals from friends or family members who have been in a similar situation. You can also look online for reviews if you don’t know anyone who has used a personal injury attorney.
At the Fran Haasch Law Group, we offer free case reviews so that you can learn more about your legal rights and options without any obligation. Contact us today to schedule a case review.
Questions to Ask Your Lawyer to Find Out If They’re the Right Fit
After you’ve been injured in an accident, the last thing you want to do is waste time with a lawyer who isn’t a good fit. Here are a few questions to ask during your consultation to help you decide if an attorney is right for you:
- How long have you been practicing personal injury law?
- What is your success rate in personal injury cases?
- How many personal injury cases have you handled?
- What is your strategy for my case?
- What are the potential risks and rewards of my case?
- How much will it cost to hire you?
Why Choose the Fran Haasch Law Group?
The Fran Haasch Law Group focuses on helping you and your family recover. We pursue personal injury lawsuits and wrongful death claims to obtain full compensation for damages such as pain and suffering, medical expenses, lost earnings, property damage, and more.
We Have the Experience Necessary to Win Your Case
With over 20 years of experience, we draw on constant medical and legal research to help clients recover after being injured in accidents in Tampa Bay and the surrounding areas. Founding personal injury attorney, Fran Haasch, is a lifetime member of the Multimillion Dollar Advocates Forum and a member of the American Association for Justice, the Florida Justice Association, and the Tampa Bay Trial Lawyers Association.
Our attorneys are skilled and experienced litigators. We are not afraid to take your lawsuit to trial if necessary. No matter how complicated your case, our firm is here to help you navigate the legal process from start to finish.
We Get You the Results You Deserve
At The Fran Haasch Law Group, we understand that no amount of financial recovery can undo what you have been through. However, a fair settlement or jury verdict can ease the financial burden of unexpected medical bills, lost income, and other economic and non-economic damages associated with your accident.
We have obtained multi-million-dollar jury verdicts and settlements in cases involving auto accidents and claims concerning wrongful death and catastrophic injuries.
Here are just a few of the settlements we’ve gotten for our clients:
- $1.8 million for our client in Pinellas County who was injured in a car accident
- $1.8 million for a 33-year-old female client in Hillsborough County who was lawfully stopped for a left-turning vehicle ahead when she was rear-ended by the defendant’s vehicle, which was then rear-ended by the vehicle behind it, causing the client to feel two impacts. This resulted in multiple back surgeries and an infection which caused the client to be hospitalized several times.
- $1.6 million for a 25-year-old female passenger on a motorcycle when the defendant cut across the client’s path. The client was thrown over 200 feet from the motorcycle. The accident resulted in a fractured leg, broken finger, back surgery, and many other injuries.
- $1.55 million for a 46-year-old male in Pasco County who was stopped at a red light on U.S. Highway 19 in Pasco County and was rear-ended by the defendant at a high rate of speed.
- $1.35 million for a client in Pasco County. The defendant turned left in front of our client, causing the client’s vehicle to flip and resulting in many injuries.
- $1.34 million for a 69-year-old male client in Orange County who was in the left turn lane when the defendant came across his pathway while attempting to turn and collided with the client. The accident resulted in multiple severe injuries, including a fractured pelvis, broken ribs, punctured lung, a broken arm that required surgery, and several lacerations.
- $1.3 million for a 33-year-old female client in Pinellas County who was rear-ended while stopped at a traffic light with her three children in the car with her. The accident resulted in multiple surgeries and complications.
- $1.025 for our client injured in a car accident in Hillsborough County.
- $1 million for a client in Hillsborough County rear-ended in stop-and-go traffic on the interstate.
- $4 million in Pinellas County for a 43-year-old male who sustained multiple foot, hip, and leg fractures resulting in a leg amputation.
- $4 million for a 44-year-old male in Pinellas County who was riding his motorcycle when the defendant initiated a left turn across the client’s pathway, causing a collision, ejecting him off of the motorcycle, and resulting in a leg amputation.
- $2.3 million for our client in Pinellas County who was injured due to medical malpractice in Pinellas County.
- $1.3 million for our client in Hillsborough County who was injured in a motorized scooter accident.
How Much Does a Personal Injury Lawyer Cost?
Along with offering free case reviews, our lawyers work on a contingency fee basis. We do not charge any fees or costs unless you win your case.
The Importance of an Attorney-Client Relationship
The attorney-client relationship is important in any legal case. However, it is especially important in personal injury cases. This is because the outcome of your case will have a direct impact on your life. Our lawyers will work with you to ensure you understand every step of the process, and we will be there for you every step.
What to Expect During Your Case Review
During your case review, our lawyers will:
- Ask you questions about the accident and your injuries.
- Gather all of the necessary evidence, including medical records and police reports.
- Analyze the strength of your case.
- Develop a legal strategy to get you the best possible outcome.
The Best Way to Prepare for Your Case
If you have been injured, it is important to take steps to protect your legal rights.
Seek Medical Attention For Your Injuries
This is the most important thing you can do. You need to have a record of your injuries and the treatment you receive.
Document Everything
Write down what happened when the accident occurred and everything that has happened since. Keep track of all medical expenses and records, police reports, and witness contact information.
Patience is Key
We understand why clients want their cases to move as fast as possible. The sooner you settle, the sooner that weight is lifted off your shoulders, and you can dedicate fully to your recovery.
However, a personal injury case cannot be rushed. Your attorney needs time to investigate and build your case so you can get the best possible outcome.
Additionally, there may be factors outside of your control that may impact the case. However, don’t let time dissuade you from pursuing your claim.
Contact a Florida Personal Injury Lawyer Today
At The Fran Haasch Law Group, we are committed to fighting for your fair recovery. We strive to help injured individuals and the loved ones of those wrongfully killed secure the full, fair recovery they are owed.
If you feel you have been the victim of a car accident through no fault of your own. Our attorneys are prepared to help you navigate the legal process and work toward securing the maximum compensation you are owed. Call (727) 784-8191 or contact us online to get started on receiving maximum compensation for your personal injury cases.
