Personal Injury Lawyer

Florida Personal Injury Attorneys

Personal injury law in Florida encompasses any harmful act, intentional or accidental, for which the law can provide a solution. There are many different types of personal injury, including, applying bodily injury to someone, being destructive to someone’s property or character, or wrongly denying someone his or her rights.

The state of Florida allows up to two years for a personal injury claim to be made. For medical malpractice, the state of Florida recognizes two years.

Grounds for Determining a Personal Injury Claim Include:

Intentional Behavior – A person intends for the outcome of the event to result in specific consequence. This type of personal injury can be classified as battery, fraud, assault, false imprisonment, trespassing, invasion of privacy and conversion.

Negligence – This refers to the failure to act rationally or use reasonable care. The law imposes that every person should act as cautiously as a levelheaded, ordinary, sensible person in a similar situation would.

Strict Liability – This is when the direct action of an individual results in another’s injury or harm regardless of fault. This usually applies to those involved with hazardous or dangerous activities including fumigating, manufacturing explosives, etc.

What Are The Most Common Forms of Negligence?

The Law Offices of Whittel & Melton, LLC can assist if you have been in an accident branching off of negligence or illegal behavior. Carelessness can lead to unfortunate injury that our lawyers witness every day in Florida. The most common forms of negligence that cause a Personal Injury are:

• Car Accidents – PIP(Personal Injury Protection), BI(Bodily Injury), UM(Under Insured Motorist and UnInsured Motorist), MedPay(Medical Payments)
• Premises Liability – holes, elevated cement, slippery substance
• Motorcycle & ATV Accidents
• Truck Accidents, Semi and Tractor-Trailer
• Pedestrian Injury and Death – loss of limb, TBI, serious injury
• Cruise Ship Injuries – Slip & Fall, Sex Assaults
• Swimming Pool Accidents – Drowning
• Medical Malpractice
• Slip and Fall, Trip and Fall, Construction Defect
• Negligent Security – rape, gunshot injury and death, victim of crimes
• Worker’s Compensation & Workplace Injury and Wrongful Death
• Electrocution and Electrical Contact
• Nursing Home Neglect and Abuse
• Business and University Injury and Death Cases
• Traumatic Brain Injury – Concussion, Coup Contrecoup Injury

What should you do if you are in an accident? Is there anything you shouldn’t do if you are involved in an accident?

Follow these helpful tips to make sure that you protect yourself to help your case. Always remember to act quickly to ensure that proper evidence is not lost or destroyed.

DOs

• DO call for medical attention immediately if someone is hurt.
• DO call police to document the accident. If this is not done, it will be your word against the other party.
• DO report the accident to your insurance company as soon as you can.
• DO get contact information from the other party involved. This can include addresses, phone numbers, driver’s license and registration information, license plate number, and make, model, and year of the vehicle.
• DO get contact information from any witnesses of an accident. This includes names, addresses and phone numbers. Keep in mind that passengers in an auto accident cannot be witnesses.
• DO take pictures of the accident including, damages to the vehicle and surrounding areas of the accident. Keeping a disposable camera in your glove box to document emergencies can be very useful in such situations.
• DO collect any and all material evidence that could have caused the accident.
• DO write down any information from the accident so that you do not forget important details that could help your case. Such notes include noting the time and date of the accident, the type of weather, any important landmarks and the location of the accident.
• DO call an attorney. Whittel & Melton, LLC are available nights and weekends and will send out investigators to gather vital evidence pertaining to your individual case.

DON’Ts

• DON’T flee the scene of the accident.
• DON’T forget to make notes about your accident and take pictures of any and all damages.
• DON’T delay in contacting an attorney. It becomes very hard to prove your case if you put off seeking legal advice.
• DON’T speak to the at-fault person’s insurance company or give a statement before consulting an attorney. Anything said to the insurance agent can be used against you in the future.
• DON’T sign any papers or agree to anything without checking with your attorney. Seeking sound legal advice can help you receive the fair settlement you deserve.

Common Personal Injury Concerns

• Brain injury – TBI(Traumatic Brain injury), Coup Contrecoup Injury
• Spinal cord injury – Complete and Incomplete Spinal Cord Injury
• Complete Spine Injury – complete and total loss of muscle use, function and sensation
• Incomplete Spine Injury – nerve signals are not completely blocked but only partially communicating with all of spine. Conus medullaris and cuada equina syndromes, Posterior cord syndrome, Brown-Sequard syndrome, Anterior cord syndrome, Central cord syndrome and Spinal cord injury without radiographic abnormality.
• Loss of limb and disfigurement
• Severe Burn and plastic surgery
• Medical Bills, Health Care/Private Insurance, Medicare, Medicaid, Wheelchairs, Modification to House or Home, Loss Wages, Inability to Work, Pain and Suffering

How Long Do I Have to File a Personal Injury Claim in Florida?

Generally, the answer in Florida is 2 years from the incident date to file a personal injury case based on negligence. However, there are some notable exceptions. For instance, if the case is a Wrongful Death, the SOL(Statute of Limitations) is 2 years, for Medical Malpractice 2 years, and if your case involves a breach of contract, which includes a claim for UM Car Insurance Benefits (Uninsured and Underinsured) you have 5 years from the accident date.

Can You Sue for Pain and Suffering in Florida?

The short answer is YES. Pain and Suffering is compensable as part of your damages in a Florida Personal Injury Lawsuit. Traditionally, upon a favorable showing on both liability, causation, and specifically in car accident cases permanency, both economic and non-economic damages are an entitlement of the Plaintiff. Economic damages are things like medical bills, pillows, cars, medicine etc. Non-economic damages are things like pain and suffering, humiliation, loss of enjoyment of activities, reputational loss, emotional loss, etc.

What Percentage so Personal Injury Attorneys Get?

The Florida Bar strictly regulates the percentages that allowed in a Florida personal injury contract. No lawyer can charge a contingency fee more than 33 1/3 % for any personal injury action resolved without the benefit of litigation; and no lawyer can charge more than 40% for any contingency fee in a personal injury lawsuit where among other things, the case is resolved in litigation.

What is a Contingency Fee?

A contingency fee is a legal fee paid upon the collection of the proceeds, wherein the firm is entitled to a percentage of the recovery, based on a contract with the client, for the legal work performed, and risk associated with taking a case for no payment upfront and being responsible for the costs and legal time required therein.

What is the Average Payout for Personal Injury?

The average payout for a personal injury case would be hard to determine without consideration for many details. For starters, different types of cases are handled differently, the types of results found in car accidents, slip and falls, nursing home abuse, clergy sexual assault, aviation wrongful death, amusement park death and disfigurement, hotel parking lot negligent security, truck and semi accidents and motorcycle crashes, just to name a few, are all so different – and then you could get into the types of people that have those cases, their backgrounds, their wage loss and business opportunity – or how about the jurisdictions? It’s common knowledge in the Florida legal community that some jurisdictions have a jury pool that take corporate responsibility and insurance company promises more seriously than others. So I guess the answer is, it all depends.

How Do I Find a Good Personal Injury Attorney?

Choosing the right personal injury lawyer is a bit like finding the perfect roommate or partner. If it were easy, we wouldn’t need to make this decision at all. The key is understanding what type of law firm you need:

• The Best of Both Worlds: At Whittel & Melton, we offer a balance of personal attention and powerhouse results. Our team includes attorneys with diverse backgrounds, decades of experience, and a track record of successful outcomes against even the largest corporations. With our resources and focus on your case, we ensure your voice is heard and your rights are protected.
• Small Firm, Big Personal Attention: Do you prefer a firm with just one attorney and a receptionist? It may offer personalized service, but could lack experience, resources, or the ability to fund your lawsuit effectively.
• Large Firm, Impersonal Service: Or perhaps you’re considering a large, national firm with hundreds of lawyers and clients, millions in advertising, and little personal connection. While they have resources, you might feel like just another case.

We believe in delivering Individual Strategies and Relentless Protection. When you choose us, we take the time to truly understand your case, tailoring a strategy that’s unique to you while using our proven success to fight for the compensation you deserve.

Your satisfaction is our goal, and we’re ready to start working for you. Call us today at 866-608-5529 so we can get started.