Personal Injury

If you’ve recently sustained injuries from an auto accident or a motorcycle accident in the state of Florida, you may find yourself in the position of looking for a Florida personal injury attorney. While seeking treatment for the injuries you may have sustained following an accident should be your priority, it is also important to choose an attorney who will best serve your needs. In this article, we share the top 4 steps you need to know to select the personal injury attorney that’s right for you.

Choosing an attorney who you feel comfortable with who has the experience to win doesn’t have to be a daunting process. Although you might want to select an attorney as soon as possible, it’s important to understand that many states allow you at least 1 year to file a lawsuit following the date of your accident. By following our 4 steps, you’ll be able to select an attorney who best serves your needs in no time.

1. Qualifications of the Attorney

Make sure the attorney you choose has a specialization in personal injury or is familiar with other torts. You wouldn’t take your bicycle into the auto mechanic; so, you should look for a lawyer that specializes in personal injury law. Trial experience is another key qualification. Not all cases will go to trial but having a lawyer with experience in this area will ensure that he or she won’t be afraid to fight for you if the case does result in a trial. It is also valuable if your lawyer has a thorough understanding of medical diagnosis and treatment of injuries. After all, you’re choosing a personal injury attorney.

Location matters. Depending on the state your accident happened in, you’ll want to make sure the attorney you select is licensed in the same state. For example, if you live in Hillsborough county, you’ll want a Tampa personal injury attorney that is licensed in the state of Florida. Lastly, you want to choose an attorney with a history of winning their cases. There are many factors that go into a successful lawsuit, and choosing someone with a winning record, especially when they’re going to bat for you, will always be to your advantage.

2. How to Find the Candidates

These days, a simple google search can yield many options worth considering. Start, however, by asking your friends and neighbors if they have referrals from firsthand experience. After checking with your network, you may want to visit avvo.com where you can view ratings, reviews and contact information for attorneys. You may also call the state’s bar association, many of which have lawyer referral services in addition to calling your county bar association as well. Finding the right lawyer is paramount, and the more work you put in at the top the more you’ll be setting yourself up for success.

3. Be Prepared and Make the Calls

When you meet with an attorney, be sure to have all the proper documentation and any information you think may be pertinent to the case. Documents like medical bills, insurance claims, photos, and witness names will all be valuable information that a potential attorney may ask to see. Ask the attorney questions like:

• What is the statute of limitations for my case?
• What areas of law do you specialize in?
• What is your experience with cases like mine?
• What is your fee structure?
• Will you follow my wishes as to the way I want the case to proceed?
• How confident are you in my case?

4. Follow Up and Make a Choice

Hiring a personal injury attorney is a commitment, so be sure to take the time to have your questions answered and make sure you feel comfortable with your choice. The injury is traumatic enough. It’s time to let an experienced and trustworthy personal injury attorney relieve you of the legal burden and create the pathway to justice for your case.

Accidents can happen to you in any place and at any time. You might slip and fall on someone’s property, get bitten by a stranger’s dog, or be injured at work or in a car accident. In severe cases, your injury may be so serious that you may have to take a leave of work and make changes to your lifestyle while you recover. You may be facing many visits to the hospital or physical therapy, all the while handling insurance and medical bills. In this case, you may want to seek the services of a personal injury attorney to pursue compensation for physical suffering, as well as your time and financial losses. Although you may be feeling stressed and overwhelmed, it is very important that you do not rush the process of finding a good lawyer to represent you in your personal injury case. Here are some things to take into consideration when seeking representation.

Expertise

Imagine for a moment that you have been in a car accident and have broken a bone in your leg. Would you go to a general physician or an orthopedic specialist? Obviously, the latter. The same case applies when you have a potential personal injury case– you won’t select just any lawyer. Instead, you’ll need to seek the services of an attorney who is well acquainted with the state’s personal injury laws and one who handles motor vehicle accidents on a regular basis. This will be the difference between getting the appropriate compensation and settling for whatever is offered by the opposing client.

Credentials

Another important factor when looking to hire a personal injury lawyer is credentials. You need to determine whether the attorney has the legal acumen and reasoning capacity required to best handle your case. That’s why it is important to inquire about your lawyer’s educational qualifications. If an attorney is hesitant to show you their credentials, then, this is enough cause for alarm.

Expenses

It is likely that the main reason you are seeking a lawyer is because you do not want to deal with the financial burdens of paying out of pocket. Therefore, you need to understand who is covering the costs of litigation. Will you be responsible for the costs of disbursements? Or, is the attorney covering the pre-trial costs (preparation and filing of legal pleadings, court reporters, and expert witnesses). In most cases, these costs are paid by the lawyer. But, be sure to fully understand your written agreement before signing anything with an attorney. Understanding the contract, and the costs within, will save you any unforeseen surprises down the line. Also, don’t forget to ask about the contingency fee. Usually, this will be somewhere between 30 and 40 percent of the personal injury award, based on whether the case goes to trial or not.

Reputation

Lastly, when you hire an attorney, you’re entrusting them with a responsibility to ensure justice is served for you. That’s why choosing a law firm or individual with a positive reputation is a crucial consideration. Flashy advertisements do not necessarily equate to a good reputation. Look out for law firms that operate on the “quick turnover” and “high volume” basis. They will often settle a case pre-maturely and with little benefit to the client. Additionally, be wary of lawyers who send solicitation letters to your home after an injury.

On the flip side, a positive reputation will be reflected by happy former clients, excellent customer service and reviews, scrupulous and honest practices, and a track record of exceptional results. Consult sites that review lawyers and law firms, such as Super Lawyers, Yelp, Martindale-Hubbell and AVVO. Also, ask around to family and friends in your area. Positive word of mouth is a good tool for finding a good match for your case.

The Bottom Line

The bottom line is your recovery, your health, and your happiness. Don’t cut corners and don’t settle for less. By finding the right personal injury attorney, you will have strong representation and the tools to work through your case and receive the compensation you deserve.

Throughout the state of Florida, accident-related injuries cost residents in excess of hundreds of thousands in lost wages, medical bills and legal fees each year. At times, accidents cause catastrophic injuries which can lead to permanent disability or death. When these accidents are caused by negligence, the at-fault party may be held financially responsible for the victim’s injuries. Florida’s growing population has contributed to a steady flow of personal injury lawsuits.

In any case where an accident results in injury, a qualified personal injury attorney can help to protect a victim’s rights. An established personal injury lawyer with case experience in the different regions of the state of Florida can help injury victims succeed in recovering damages for medical bills, lost income, and pain and suffering.

Common Types of Accidents – Florida Personal Injury Attorney Practice Areas

• Car Accidents: Car crashes are the leading cause of traumatic brain injuries (TBI) among people of legal driving age in the state of Florida, as well as across the rest of the US.
• Boating Accidents: Florida is a large peninsula, surrounded by the Atlantic Ocean and the Gulf of Mexico. Brain injuries caused by drowning accidents often result from boater inexperience or alcohol consumption.
• Burn Injuries: Burns can occur due to negligent workplace conditions. Around the home, scalds are the most common burn among small children and sometimes occur due to negligent supervision by a nanny or babysitter.
• Defective Products & Dangerous Drug Side Effects: Medical devices, such as pelvic mesh implants, have caused severe complications or infections in patients. Dangerous medications have also lead to severe injuries in some patients. In contrast, faulty auto tires have led to blowouts and catastrophic injuries produced by vehicle rollover accidents.
• Injuries to Minors: Common injuries to children can involve defective toys, dog bites, burns/scalds, sports injuries (TBI & broken bones). Injuries are not always immediately visible and can also stem from child abuse. Parents or loved ones must intervene immediately if they suspect negligence or abuse is behind physical or emotional injuries to a minor.
• Motorcycle Accidents: About 42% of motorcycle crashes involve motorists who fail to see the motorcycle and then turn in front of the rider, causing a crash and serious injury.
• Nursing Home Abuse / Negligence: At least 60% of nursing home patients will experience a slip and fall accident each year. Many cases of nursing home falls result from negligent supervision of residents who are particularly prone to falls.
• Pedestrian Accidents / Bicycle Accidents: Florida is widely known for its dangers to pedestrians and cyclists. The state of Florida ranks #2 on the US pedestrian accident list. Accidents often involve a pedestrian or bicyclist and a single automobile, but may also involve pedestrians and motorcycles or even pedestrians and bicycle riders. Severe injuries can result in any one of these cases.
• Slip and fall accidents: Falls result in nearly 1,000,000 emergency room visits each year. Many occur among the elderly and nursing home residents while others occur due to dangerous workplace conditions.

Personal Injury Lawyers Serving the Residents of Florida

In a large number of personal injury claims, the injured person often faces large insurance companies, adjusters, and other attorneys representing the party at fault. Florida accident victims should seek legal counsel and discuss their case with an experienced personal injury lawyer. A reputable can help guide injury victims forward through any necessary next steps in the civil lawsuit process.

In Florida and many other states, loss of consortium is a legal phrase associated with personal injury and wrongful death lawsuits. Loss of consortium is a cause of action that family members of a person who is permanently injured or killed as a result of another party’s negligence may pursue. A surviving spouse, parents, children or siblings may pursue a civil claim for financial compensation. In general, any funds awarded as a result of a civil lawsuit verdict are intended to compensate the recipients for the lost companionship and diminished quality of life caused by the injured person’s permanent disability or a wrongful death victim’s absence.

The State of Florida and Loss of Consortium

With specific reference to Florida state law, consortium is more typically associated directly with the spouse or domestic partner of a personal injury or wrongful death victim. Florida’s application of loss of consortium mainly involves the services, comfort, society and attentions of a spouse or partner. This term refers specifically to the aspects of a marriage lost as a result of a catastrophic injury or death. More specifically, this includes a marital sexual relationship, companionship and general fellowship of a husband and wife to each other.

For most claims that specifically cite a loss of consortium, the surviving spouse sues the defendant for damages resulting from the inability to enjoy the same love, affection, and companionship that he/she enjoyed prior to the accident. The burden of proof is placed on the spouse who is filing the claim and may account for both past and future losses. Specific examples include:

• Activities that the couple used to enjoy but can no longer enjoy together because of the injuries such as dancing, roller skating, or traveling
• The spouse having to take on more housework or childcare responsibilities – including paying for daycare or a nanny
• A spouse being required to take time off from work to stay home and care for the physical needs of the injured spouse
• The spouse’s injuries causing a negative impact on the frequency or duration of intimacy

Loss of Consortium – Non-Economic Damages

In Florida courts, a “loss of consortium” award is considered as “non-economic” damages. This means this amount does not involve a precise monetary loss and possess no quantifiable cash value. However, certain components of the total award are quantifiable, such as the ongoing costs of childcare or a nanny. It is important to note that loss of consortium pertains more to a family’s relationship and not lost earning power. Lost earning power is generally treated by the courts as a separate matter.

Alternate Types of Loss of Consortium

While most cases of loss of consortium tend to be specific to the intimate relationship between a husband and wife, a loss of consortium claim can also be pursued in Florida courts by different parties who have been affected by the relative’s injuries such as:

• Children
• Guardians
• Parents
• Unmarried domestic partners

Under Florida law, a child is permitted to file a claim for loss of consortium of a parent, and vice versa. Most claims on the behalf of an injured or lost child typically cite the loss of affection and support, while claims involving an injured parent usually refer to the parent’s lost ability to care for the children and perform basic household maintenance and upkeep.

References:

Avvo

American Bar