Personal Injury Lawyer Sebastian, FL
A Leading Sebastian, FL Personal Injury Lawyer for Victims of Accidents
Every day accidents happen. Some are unavoidable. Others, approximately one in two, are a result of negligence. This means the accident could have been avoided, but happened because of the actions, or lack of, on the part of another party. If you believe negligence caused you harm, call Tuttle Larsen, P.A. Injury Attorneys.
What is Personal Injury Law?
“Personal injury” is a common legal term that is used to describe any harm that is done to one’s body, mind, or emotional well-being. This injury, harm, or unfair loss to another could have been caused intentionally or inadvertently by another person. Within the United States, personal injury cases fall under the civil branch of law.
According to Merriam-Webster, civil law is the law of civil or private rights. It includes disputes between two private parties, such as individuals, groups of people, or organizations and companies. The harmed party is permitted to seek justice and damages for any injuries that were sustained as a result of another’s behavior.
Types of Personal Injury Cases
There is a wide variety of scenarios that could warrant a personal injury case. It can be difficult to determine if your situation qualifies as a personal injury case, which is why it is important to reach out to a personal injury lawyer to help you understand if your case qualifies for a personal injury claim.
An important factor in personal injury claims is if there was any harm done to another person through negligence, gross negligence, reckless conduct, or intentional misconduct. If so, then the injured person is eligible to seek damages.
Some personal injury cases include:
- Motor vehicle accidents: Car accidents, truck accidents, motorcycle accidents, bus accidents, bike accidents, etc.
- Slip and fall accidents: If the property owner neglects their legal duty to keep the premises free of hazards.
- Medical malpractice: When medical professionals provide a substandard degree of care and it results in injury to their patient.
- Dangerous and defective products: If a product doesn’t work the way that it should and it leads to serious injury. Product designers and manufacturers are responsible.
- Wrongful death: When someone is killed because of another person’s carelessness.
- Premises liability: If someone is injured because of a dangerous condition (slippery floors, dangerous animals, missing handrails, etc.) on someone else’s land then the property owner may be held liable.
- Animal attacks: Dog bites and any other animal attacks could have the pet owners liable for the damages caused by their pet.
- Intentional torts: When an injury is not accidental or the result of the negligence is caused by an intentional act, which could result in the defendant being criminally prosecuted.
Sebastian, FL Personal Injury InfographicWhat is Negligence?
Most often personal injury cases are based on one party’s negligence. To bring any personal injury claim, it needs to be based on negligence that you and your personal injury lawyer Sebastian, FL must be able to demonstrate.
Here are four conditions that need to be demonstrated for negligence:
- The defendant owed a duty of care to the plaintiff.
- The defendant breached the duty of care.
- The breach resulted in loss or injury to the plaintiff.
- The plaintiff suffered demonstrable loss or injury.
If all four of these conditions are met then you and your lawyer will have a strong case with the basis of negligence for your injury claim.
What Are Personal Injury Damages?
After suffering a personal injury, victims may need to take time off work to recover. Income damages account for the work a person lost and the work she or he may lose in the future because of a personal injury. A personal injury lawyer in Sebastian, FL, from Tuttle Larsen, P.A. may also focus on damages connected to a permanent injury’s physical limitations. For instance, a victim could learn she or he cannot perform the same work again, forcing the person to find a new job role or industry that suits her or his new capabilities.
Personal injury victims deserve fair compensation for the medical bills they pay because of another’s negligence. Medical treatment legal damages account for ambulance rides, physical therapy, medication, doctor’s visits and medical assistive devices. Victims should keep up with all their medical costs, even if they have insurance.
In a personal injury like a car accident, a person could experience property loss or damage. Car collisions may damage belongings such as a motor vehicle, clothing, computer or work equipment. If so, victims may work with a personal injury lawyer in Sebastian, FL, to determine whether they qualify for repair reimbursement or fair market compensation for lost items.
Pain and Suffering
In the days, weeks and months following a personal injury, victims should observe themselves to see if they experience severe discomfort or pain connected to their injuries. If they do, they could qualify for pain and suffering damages as part of their legal case.
More than the physical body may experience harm because of a personal injury. Tuttle Larsen, P.A. legal representatives help clients determine whether they qualify for emotional distress damages. A more serious or traumatic accident could lead to anxiety, depression, stress, trouble sleeping and similar psychological harm. Depending on the state, the court may include emotional distress as part of pain and suffering damages.
Loss of Consortium
An accident may leave a person unable to express affection to a spouse. Loss of consortium or loss of companionship damages compensate personal injury victims for the shift in their relationship. Rather than the victim, the victim’s spouse receives these legal damages. A personal injury lawyer in Sebastian, FL, may help affected spouses build their cases and receive the compensation they deserve.
Loss of Enjoyment
Depending on the harm suffered in a personal injury, victims could lose their ability to enjoy their hobbies, pursue their interests or engage in physical exercise. Any such loss may qualify a person for loss of enjoyment damages.
Questions and Answers About Personal Injury Claims
After you have suffered an injury because a person or a business acted negligently, you may have to deal with a lot of pain, stress, and financial hardship. Initiating a claim against the responsible party may get you some desperately needed relief. However, it is understandable that some people are reticent to assert their legal rights because they are worried about making a difficult situation even more stressful. Nevertheless, learning a little about what the process involves can remove some of the worry and uncertainty from the process. Here are some things that you should know about the dynamics of personal injury law.
Are All Personal Injury Claims About Negligence?
The majority of personal injury actions are rooted in negligence which falls under an area of the law which lawyers refer to as “torts.” In general, this area of the law spells out individuals’ remedies when they have been wronged by a third party either intentionally or unintentionally. When a person or business intentionally causes someone to experience harm, it is not an act of negligence but rather a form of battery. Of course, it is possible to seek damages for battery with assistance from a firm that represents clients in personal injury claims such as Tuttle Larsen, P.A.. If you were intentionally injured, you can reach out to a personal injury in Sebastian, FL. Likewise, this type of practice can help clients with personal injury claims that are based on negligence.
What Is Premises Liability?
Many of the most common types of personal injury actions are grounded in premises liability. A slip and fall case, for example, arises out of a property owner’s or a business’ failure to keep the premises in reasonably safe condition. Another element of negligence pertaining to this type of claim is failure to warn. In other words, a personal injury plaintiff may bring a claim if someone knew about a dangerous condition that would cause a person to fall and failed to provide adequate warning. If you sustained an injury from a fall, a personal injury lawyer in Sebastian, FL at Tuttle Larsen, P.A. can advise you about whether failure to warn is relevant to your claim.
What Is the Burden of Proof in Personal Injury Cases?
A personal injury plaintiff does need to prove his or her case beyond a reasonable doubt. To meet their burden of proof and win a case, plaintiffs must show that what they allege is more likely than not to be true.
How Tuttle Larsen, P.A. Injury Attorneys Can Help You
Are you wondering whether or not you need a lawyer? Are you curious about what your case may be worth, or even if you have a case? In general, if negligence or wrongdoing led to your injuries, and you are now facing serious financial losses, having a personal injury lawyer Sebastian, FL offers on your side may be a good idea. Many people don’t realize the total amount of losses that are often involved in an accident. A broken bone can cost upwards of $2,000 if there are no complications. A head injury can cost $30,000 to $500,000, or more. Not only are there losses related directly to the injury, but also lost wages, loss of income, property damage, and more. Not to mention the non-economic damages that almost always result, but are difficult to value.
A personal injury lawyer Sebastian, FL can review all of the details related to your case, carry out necessary investigations, and determine what the total extent of the damages may be. In addition to this, a lawyer will need to prove the alleged party’s actions or lack of caused your harm. This is not always easy.
Every case is unique. Sometimes the investigation process and/or demonstrating the burden of proof can be difficult. For this reason, hiring a personal injury lawyer in Sebastian, FL may be the right decision.
What to Do If You Are Contacted By the Insurance Adjuster
At some point, the insurance adjuster may call you. They may ask you for a statement or have questions about what happened. In general, we would recommend considering the following advice:
- Avoid accepting any fault or blame
- Do not apologize
- Do your best to remain calm
- Realize they may try to get you to say things you don’t mean
That said, it may be in your best interest to let the adjuster know that your lawyer will be in touch with them. You won’t need to, nor should you, say anything else without talking to a lawyer first. Once you have a lawyer on your side, he or she can maintain all communication with the insurance company. This is one of the best benefits of hiring a lawyer like Tuttle Larsen, P.A. Injury Attorneys.
How Might an Insurance Company Handle a Personal Injury Case?
No two personal injury cases are exactly alike; however, there are some common traits. When you’ve been injured because of the negligent actions of another party, you can likely expect their insurance company to be involved. This company could be related to their homeowners’ insurance, auto insurance, company insurance, and so forth. Soon after the injury, or accident, you might expect the following to take place:
- You seek medical treatment
- You report the accident (i.e. to an employer, property owner, police, etc.)
- You notify your own insurance company
- The defendants’ insurance company contacts you
At this point, how you handle the situation could reflect the outcome of the case as a whole. For example, if the insurance contacts you, offers you a fast settlement, and you accept, you may be unable to pursue any further compensation. This could be a serious mistake which is one reason you should consult a personal injury lawyer in Sebastian, FL as soon as possible.
What You Should Know About the Insurance Company
- Insurance adjusters handle cases every day
- They are very experienced and utilize several tactics
- They might say things to make it sound like they are on your side, they are not
- Their goal will be to settle for the least amount of money
Technically you can file a personal injury claim without a lawyer, but should you? In general, the answer to this depends on factors, such as how simple your case is, the extent of damages, and more. At the minimum, you should ask a personal injury lawyer in Sebastian, FL to review your case. If your injuries are serious or have resulted in significant losses (i.e. usually greater than $5,000), it may be in your best interest to retain your own legal advocate. The benefits of having a lawyer on your side are broad, and include:
- A lawyer can maintain all communication with the insurance company
- Your rights and interests can be protected at all times
- The full extent of your injuries can be documented
- Expert witnesses can be utilized
- Maximum damages can be sought
Ultimately, the insurance company will do whatever is possible to pay out the least amount possible. If this happens, you may be left with bills and other monetary losses. Once you accept a settlement, there is no going back. We know of people who were unaware of their rights and accepted an offer that was just 10 or 20 percent of the total value of their case. When something like this happens, the emotional anguish can be significantly exacerbated. Don’t get taken advantage of, especially at a time when you are most vulnerable. Call a leading personal injury lawyer in Sebastian, FL. You risk nothing except a bit of your time. Give Tuttle Larsen, P.A. Injury Attorneys a call today.
Myths About Personal Injury Lawsuits
You’ve had a slip and fall, been in a car accident or been hurt at work, and you’re considering hiring a personal injury lawyer in Sebastian, FL, such as Tuttle Larsen, P.A.. Here are some common myths you may have heard about personal injury lawsuits.
You Don’t Need To Hire a Lawyer
Even if the cause of your injury is apparent and everyone agrees on whose fault it was, you still may want to hire a lawyer to get the settlement you deserve. Insurance companies will try to low-ball you a settlement offer because the less they pay you, the more they can pay their stakeholders. Even your own insurance company does not have your best interests at heart. Your personal injury lawyer in Sebastian, FL, has your back.
Personal Injury Lawyers Are All Ambulance Chasers
While there may be lawyers out there with police band radios who try to get to the hospital quickly to offer their services to people who are freshly injured, they are few and far between. Most personal injury attorneys are decent people who would never dream of trolling for cases in the emergency room.
Personal Injury Lawsuits Are Long and Drawn-out
Most personal injury cases never go to court. They’re negotiated and settled in a matter of days or weeks, not months or years. If you asked a personal injury lawyer in Sebastian, FL, where the bathroom in the courthouse is, chances are good he or she couldn’t tell you, having never been there long enough to find out.
Minor Injuries Aren’t Worth Filing a Lawsuit Over
Even if you’ve only sustained minor injuries, you still deserve compensation to have your medical expenses, lost wages, and any pain and suffering covered by the other party’s insurance company. Don’t try to go it alone; insurance companies will try to get away with paying you as little as possible. A personal injury lawyer in Sebastian, FL, can help ensure you get every dollar you’re entitled to under the law.
You Have Unlimited Time to File a Personal Injury Lawsuit
Each state has a statute of limitations defining how long you have to file a personal injury lawsuit. In Florida, that time is four years. You don’t want to file suit too soon, before all your injuries have manifested completely. However, you don’t have forever to file, either. A personal injury attorney at Tuttle Larsen, P.A. can help you determine the best time to pursue a claim.
Insights into Florida Personal Injury Laws
In the complex landscape of personal injury law in Florida, navigating the legal framework requires a skilled advocate. At Tuttle Larsen, P.A., we understand that knowledge of specific statutes and procedural rules is paramount for securing just compensation for our clients.
Understanding Comparative Negligence
Florida operates under a pure comparative negligence system, a principle crucial to personal injury claims. This law allows for damages to be collected even when the plaintiff is partially at fault for their injuries. However, the compensation is reduced by the percentage of the plaintiff’s fault. A knowledgeable Sebastian personal injury lawyer becomes indispensable in such cases, advocating for the lowest percentage of fault attributed to the plaintiff, thereby maximizing the potential recovery.
Statute of Limitations
The time frame for filing a personal injury lawsuit in Florida is strictly governed by the statute of limitations. Generally, the law stipulates that an action must be commenced within four years from the date of the injury. This deadline underscores the urgency of consulting a Sebastian personal injury lawyer promptly after an incident. Failing to adhere to this timeline typically results in the forfeiture of one’s right to seek legal recourse.
Threshold for Personal Injury Protection
Florida’s no-fault insurance framework requires drivers to carry Personal Injury Protection (PIP) insurance. This coverage is designed to provide immediate medical coverage up to $10,000, irrespective of who was at fault. To step outside the no-fault system and pursue a claim against the responsible party, the injury must meet a certain threshold of severity, which often requires legal interpretation. An experienced Sebastian personal injury lawyer can provide clarity on whether an injury qualifies for action beyond PIP claims.
Navigating Insurance Claims
Dealing with insurance companies post-accident can be a daunting task. Florida law requires insurers to act in good faith and handle claims promptly. Yet, it is not uncommon for insurance providers to employ tactics that minimize their payout. Legal representation ensures that the negotiation with these companies is handled with the requisite expertise, aiming to secure a settlement that reflects the true extent of the losses incurred.
Legal Representation and Litigation
Should negotiations fail to yield a fair settlement, litigation may be the next step. A trial requires meticulous preparation, from discovery to the presentation of evidence and expert testimony. The procedural complexities of the courtroom underscore the need for a seasoned legal professional who can navigate these waters with finesse.
We, at Tuttle Larsen, P.A., stand ready to guide you through each step of your personal injury claim. With a deep understanding of Florida’s laws and a commitment to personalized legal strategy, our team is dedicated to advocating for your rights. If you’ve suffered an injury due to another’s negligence, reach out to us. Together, we can pursue the justice and compensation you deserve. Let our expertise be the cornerstone of your recovery process.
Let Tuttle Larsen, P.A. Injury Attorneys Help You
In general, personal injury lawyers in Sebastian, FL work on contingency. For nearly every victim, they will not have to pay any upfront fees. If a verdict or settlement is reached, a portion of the amount will be deducted to pay for the legal costs. You will discuss these costs with your lawyer during the consultation. To talk with a Sebastian, FL personal injury lawyer, call Tuttle Larsen, P.A. Injury Attorneys.