FAQs About Personal Injury Claims in Florida
Read answers to some of the most common questions we receive
Once you’ve sustained an injury or suffered harm in an accident due to negligence, it’s not unusual to have a lot of questions. That’s why Armando Personal Injury Law has provided answers to some of the most frequently asked questions (FAQ) we receive about personal injury lawsuits in Florida.
Read the answers to these FAQs, and don’t forget to navigate through the rest of our website for more information. If you or someone you love has been injured or harmed due to negligence, contact our law firm in Tampa right away for a free case evaluation. Attorney Armando Edmiston treats clients like family and can help you get appropriate compensation for your damages. We also offer our clients legal representation on a contingency fee basis, which means you only have to pay if we win.
- What is personal injury law?
- Can I file a personal injury claim in Florida?
- Can I get compensation for my medical bills and lost wages?
- How is breach of duty of care proven?
- What is the average settlement for a personal injury lawsuit?
- How long does it take to file a lawsuit?
- When is the deadline to file an injury claim in Florida?
- Can I file a wrongful death lawsuit for a deceased family member?
- What is your success rate with personal injury lawsuits?
- How much does it cost to hire a personal injury lawyer?
- How much to ask for in a personal injury settlement?
- Why should I hire you as my personal injury attorney?
A personal injury case is a claim for financial compensation for an injury caused by someone else’s negligent or careless behavior. Accidents like slip and falls, product liability, medical malpractice and car accidents are all considered personal injury cases.
If you have been injured in an accident, or a loved one was hurt due to someone else’s negligence, the law provides a way for you to recover financial compensation for your damages. According to Florida civil code, you can file a lawsuit against the person or business that’s responsible for your injury, emotional distress/mental anguish, medical bills, lost wages, and/or pain and suffering.
Keep in mind there are specific things that must be proven in order to establish a breach of duty of care (or obligation to do what’s right). In order to recover compensation, you must prove the following about the negligent party:
- The party had a duty to act responsibly in a way that would not cause you harm but failed to do so.
- The failure of the party to comply with that duty is the reason why you were harmed.
- You were harmed or injured and suffered damages for which you are asking compensation.
If all of the above is true, then you may have a case and should consider pursuing a personal injury lawsuit.
Generally speaking, you should be able to recover compensation from the at-fault party for your medical expenses, lost wages, and other damages if you were injured in an accident caused by someone else. A good way to see if you have a case and find out how much it might be worth is to schedule a free case evaluation with a personal injury attorney. You should see a doctor and have a record of your medical treatment and bills to show your lawyer in your free consultation.
A lawyer will be able to meet with you, listen to what happened, talk about your legal options, answer your questions, and help you figure out the best way to move forward.
Although it might sound easy to prove that someone is at fault (or negligent), sometimes the duty of care can become more complicated than you might think. Plus, there are laws that apply to specific types of injuries that an experienced personal injury attorney can help you with, such as work injuries, slip and falls, and dog bite cases.
There isn’t a fixed amount of compensation you can expect from a personal injury lawsuit since every case is unique and has its own circumstances. The amount of money you’ll be able to recover will be contingent upon the specific details of your case, the severity of your injuries, and the impact your damages have had on your life.
In general, you may be entitled to compensation for:
- Medical expenses related to the accident, including your current expenses and any medical expenses you are expected to incur in the future
- Current lost wages and wages you are expected to lose in the future because of your injury
- Vocational rehabilitation if you are unable to return to your former place of employment
- All expenses incurred due to your injury, such as replacement services to help with things you aren’t physically able to do yourself (e.g., childcare, housework)
- Your pain and suffering
- The value of any property that was damaged or destroyed as a result of the accident
In most cases, we can file a lawsuit within three days if we have all the necessary information. Regardless, we encourage you take swift action when you’ve been injured in an accident. The sooner we can meet with you for a free case evaluation, the sooner we can talk about getting started on your case.
If you sustained an injury in a Florida accident due to negligence, you have four years from the date of your accident to file a personal injury lawsuit. This is known as the statute of limitations. Under most circumstances, your case will automatically be dismissed if you fail to meet this deadline, though there are some exceptions. Please note that for medical malpractice lawsuits, the statute of limitations to file a lawsuit is two years from the date you were injured or harmed, with some exceptions.
You can file a wrongful death lawsuit seeking damages on behalf of a deceased spouse, child or other family member on behalf of the estate, as long as you’re the personal representative. In general, you may be entitled to compensation for:
- Funeral expenses and burial costs
- The deceased’s medical expenses
- The deceased’s pain and suffering
- The deceased’s loss of expected income
- Loss of companionship/Loss of consortium
Our law firm has an estimated 95 percent recovery rate in personal injury and wrongful death lawsuits. Please note that past results do not predict or guarantee future outcomes.
We represent our clients on a contingency fee basis, which means it won’t cost you anything unless we make a financial recovery for you. In other words, you pay nothing unless we win. If we do make a financial recovery, we typically charge 33.3 percent prior to filing a lawsuit and 40 percent after we file a lawsuit – for all awards up to $1 million. For awards between $1-2 million, we charge 30 percent. Our fee is 20 percent for any award over $2 million.
Your personal injury lawyer will help you figure out how much to ask for in your settlement. To calculate the value of your claim there are many things to take into consideration. The compensation awarded to you will depend on the severity of your injuries, medical expenses, lost income, pain and suffering, and other losses. If your case involves death, a severe injury, permanent disability, years of treatment and a decreased quality of life, it is more likely that your payout will be higher. Only an attorney can calculate the full amount of compensation for your losses due to the accident.
You should hire Tampa personal injury lawyer Armando Edmiston if you want to have easy access to your lawyer, someone who will be attentive to your needs, and someone who will communicate with you throughout the whole legal process. At Armando Personal Injury Law, our clients are family and think of your problems as our problems. That means we’ll put in the extra effort to get you the highest amount of compensation possible and be there for you when you need us the most. Read our client testimonials for more information.