People get injured in accidents all the time. When an accident results from conditions or actions that are someone else’s fault, consulting a local attorney is a good idea. They could explain the laws concerning that type of incident and assess whether you have a viable legal case.
If you have a cause for action, a Mount Dora personal injury lawyer could identify the responsible parties, collect evidence of their negligence, and assert a claim for damages. If successful, you could receive compensation that address your medical bills, property damage, and psychological and emotional harms.
A person who sustained injuries in an accident should speak with a Mount Dora attorney as soon as possible after the incident. Prompt action usually leads to a stronger case, as it allows the legal professional to investigate while witnesses are available and the evidence remains fresh. Waiting a year or two before involving an attorney could put the plaintiff at a severe disadvantage. The most common cases that The Umansky Law Firm Criminal Defense and Injury Attorneys handles are:
Getting legal representation immediately also protects them from inadvertently making statements against their interests. Insurance companies for potentially responsible parties often contact an injured person after an accident. They might claim to be offering a settlement, but they also are collecting information to use against the claimant. If an injured person has representation, the lawyer can be used as the representative.
In most personal injury cases, the claimant must file a suit within two years of sustaining the injury or else their claim will be dismissed outright.
An injured person’s damages refers to the losses they suffered due to their injuries. The losses could be direct, such as money paid out for medical treatment or income not earned due to inability to work. The losses also could be intangible, such as the burden of suffering from pain or the difficulty of relearning simple tasks after a severe head injury. Damages compensate for both kinds of losses.
An injured person must prove their damages. Receipts, invoices, tax returns, employment records, and similar documents could be used as evidence. Medical and pharmacy records, testimony from the injured person and their family, photographs, and video could prove the intangible losses the claimant suffered due to the injury.
The type of evidence necessary to prove damages depends on the case. A Mount Dora personal injury attorney could help a family decide what damages to seek and show them how to document and record their losses to be used in settlement negotiations.
Florida follows the modified comparative negligence rule. Florida Statutes § 768.81 states that each party to a lawsuit, including a claimant, is responsible for the portion of the damages they caused.
When an injury case goes to trial, a judge or jury determines how much each party’s conduct contributed to the accident, expressed as a percentage. When insurance companies are in pre-trial negotiations with a claimant, they make a similar calculation. If the injured person has partial responsibility for an accident, they cannot collect 100 percent of their damages.
Instead, the injured person could collect the portion of their damages attributed to others’ conduct. If the claimant was more than 50% responsible for the incident, they cannot recover any damages. An injury attorney in Mount Dora could work to minimize the portion of blame assigned to the claimant by presenting clear proof of the other parties’ negligence.
Suffering an injury in an accident is disruptive and expensive. At worst, you could experience life-changing consequences.
A Mount Dora personal injury lawyer could help you reach an appropriate settlement with the responsible parties. Call now to schedule a free consultation with a member of our team.
The Umansky Law Firm Criminal Defense & Injury Attorneys
