Have you been seriously injured in a Tampa accident that was not your fault? Call
Fulgencio Law today to discuss your legal rights to compensation for your injuries and
losses.
Being seriously injured in an accident in Florida can have serious consequences on the victim
and their family’s lives. This can be even most difficult when the accident that caused the injury
occurred because of another party or party’s careless, reckless, or negligent actions or lack
thereof.
The term “personal injury” is a legal term that applies to several different types of injuries. If you
are injured in an accident that was caused by the actions of another, a personal injury attorney
is the type of lawyer you should consult with as soon as you receive medical attention for your
injuries.
No matter what the circumstances are surrounding your injury accident, serious injuries, and
sometimes even deaths that affect a family are always difficult for all to handle. When the
accident results from the negligence of one or more other parties and could have easily been
avoided, it’s actually more difficult and devastating for victims and their families. Our dedicated
team of personal injury attorneys at Fulgencio Law will fight for your rights and best interest as a
victim and will ensure that you get the maximum compensation available to recover from your
injuries and losses.
If you or someone you love has been injured in an accident that was not your responsibility,
contact Fulgencio Law today to schedule a free consultation to discuss all of the legal options
available to you under Florida law. You need to hold all responsible parties accountable for
their actions that caused your injuries.
Grounds For Determining A Personal Injury Claim
When it comes to personal injury cases, most people think of car accidents. While this is true for
a vast majority of the cases, it’s not always the cause. Personal injuries can be caused by
several types of accidents, including but not limited to slip and falls, premises liability, dog bites,
and so much more. There are different types of personal injury claims, including applying bodily
injury to another person, being destructive to someone's property or character, or wrongly
denying someone his or her rights as a human being. The grounds for determining a personal
injury claim include:
- Intentional Behavior- This is when the person doing the harm intends for the outcome
to result in a specific consequence. Intentional Behavior can be classified as assault,
battery, fraud, false imprisonment, or trespassing. - Negligence- Refers to failure to act rationally or use reasonable care. The law imposes
that every person should act as cautiously as a level-headed, ordinary, sensible person
in a similar situation would. - Strict Liability- When the direct actions of an individual result in another’s injury or harm
regardless of fault. This usually applies to those involved with hazardous or dangerous
activities including fumigating, manufacturing explosives, and more.
If you or a loved one were seriously injured in an accident that could have been avoided and
you feel that you may have a personal injury case, contact Fulgencio Law. Our team of personal
injury attorneys is here to answer your questions and help you get your personal injury claim
started. Call us today for your free consultation, or schedule your consultation on our website at
your earliest convenience.
Proving Negligence in a Florida Personal Injury Case
In any personal injury case, the plaintiff must prove that the at-fault party acted unreasonably in
causing any injuries and damages that occurred. The issue of fault hinges on the concept of
negligence, which is divided into three parts- duty of care, breach of duty, and causation.
- Duty Of Care- The term duty of care is a term that is used to define another person’s
obligation to not caused injury or harm another person or cause them to be in harm’s
way. Every person has a duty of care to others around them. For example, a department
manager or the owner of the store has a duty of care to maintain a safe area for
customers and keep customers safe by cleaning up wet and dry spills and messes,
fixing broken stairways and stair rails, and other various maintenance duties. The
business must ensure that all reasonable steps are taken to ensure the safety of its
customers and guests. This can be complicated, however, as the term “reasonable” is
open to interpretation. - Breach Of Duty- When it has been established that the defendant had a “duty of care”,
it is determined whether the defendant breached their duty of care, or failed to do so. If
they breached that duty of care, like failing to get a broken stairway or torn section of
carpet fixed for months, then the courts would call that negligence. Did the defendant
create a dangerous situation or allow a dangerous situation to persist? This is easy to
prove in car accident cases. What is deemed as reasonable varies from situation to
situation, and minute to minute. - Causation- After it’s proven that someone had a duty of care and that they breached
that duty, then it must be proven that the breach led to the accident or injuries. Going
back to the example of the grocery store, did they have a duty to clean a spill? Yes. Did
they neglect to clean the mess? Yes. Did your trip, slip, and fall in the liquid cause you to
injure your neck or your back? Yes. This is an extremely simple case of proving
causation, but it can quickly get complicated. A defendant can admit to being negligent,
but that doesn’t necessarily prove causation. The owner of the store may claim that your
fall wasn’t caused by the mess on the floor, but was caused because the plaintiff was
busy and distracted by a cellphone. Or, they may admit that your fall was caused by the
mess, but your back injury was pre-existing.
If you or a loved one has been seriously injured in an accident due to someone else's
negligence and carelessness, contact Fulgencio Law as soon as possible for a free, no-
obligation, and confidential consultation. We are here to answer any questions you may have
about your situation and we are able to provide assistance right away to get your personal injury
claim started. Our team of experienced, knowledgeable, and aggressive personal injury
attorneys can help you get the maximum compensation available to you for your injuries and
losses.
Timeline For the Florida Personal Injury Claims Process
Getting your personal injury claim started in a timely manner is extremely important to your
case. The amount of time you have to file your claim depends on the type of claim you intend to
file.
In the state of Florida, a victim has up to 4 years from their accident to file a personal injury
claim for negligence. With cases like medical malpractice and wrongful death claims, only a 2-
year statute of limitations exists. There is also a timeline that must be followed in order to
properly file a claim. The Florida personal injury claim process primarily includes the following:
- Filing a claim with all parties involved and putting them on notice that you will be seeking
compensation - Attempting to negotiate a favorable settlement offer with the negligent parties through
back and forth talks - Filing a lawsuit with the court if negotiations are unsuccessful. Often the insurance
companies will drag their feet on compensation. - Litigating the case in court to prove you deserve to have your damages covered by the
defendant. This could also be a lengthy process as the opposition isn't in the business of
handing over compensation - Trying the case or pursuing alternative dispute resolution. This will take place, for
example, in cases where the insurance company refuses to place an acceptable offer on
the table.
If you or a loved one were injured in an accident that wasn’t your fault, don’t hesitate to contact
Fulgencio Law today for your free, no-obligation, and confidential consultation. Our experienced
team of personal injury attorneys is here to answer any questions you may have about your
situation and help you get your personal injury claim started right away.
Damages That Can Be Recovered In A Personal Injury Case
There are many different types of damages you can claim in your personal injury case. Some of
these damages can be small and may seem inconsequential, while others have a deep impact
on not only you but the opposition as well.
Whether the opposing party is the insurance company or a private party, whoever is found
responsible for your accident will be held accountable for their actions. The damages you may
be able to claim in your personal injury case can include but are not limited to:
- Medical Costs- any costs credited to your recovery. This includes medical care, surgery
costs, medications, physical therapy, and more. If the reason for the medical expenses
is directly related to the negligent or careless acts of another, you may be able to add
them to your claim - Future Medical Costs- An estimate of the cost of medical care needed in the future
because of the accident, such as future doctor visits or surgeries. Some injuries need
more time than others for complete healing. - Lost Income- This category deals with the income you will lose by having to take time
off work to recover, having to leave work for future doctor’s appointments, or future
income loss due to no longer being able to perform your job at a level that will earn
promotions or advancements in your field. An economic expert can be brought in to
calculate the financial impact that your accident has caused and testify if the case is sent
to court. - Damage To Property- This is obvious damage that occurs to the “things” involved in the
accident like a vehicle and the cost of repairs. Property damages can also include
damage that happened to a mailbox or a building in an accident. - Pain And Suffering- Damages recovered for the pain and discomfort suffered during
and after the accident. This can include anxiety about cars or highly stressful situations. - Emotional Distress- Serious accidents can cause psychological issues such as fear,
anxiety, and PTSD. Emotional distress can be included in pain and suffering damages. - Loss Of Relationships- If your personal injury situation caused some of your
relationships to suffer, like with a parent, a child, or a spouse, then you may be eligible to
demand compensation. No monetary amount can replace the value of being able to hug
a grandchild or the feeling of kissing a spouse. When damage like this directly deals with
a spouse such as a lack of sexual ability, then this is called loss of consortium. - Loss Of Enjoyment- If your injury took away your ability to do something that once
brought you joy like painting, going for walks, or even reading, your attorney may be able
to help you receive compensation for these damages. The loss of your quality of life isn't
something that money can give you back. However, compensation for your injuries and
losses can help you make an attempt to improve what quality of life you have left. - Wrongful Death- If a loved one's life was ended due to the reckless, negligent, or
careless behavior of another, you may be able to file a claim for wrongful death. Family
is important to us all, but to have the life of a loved one ripped away too soon because of
someone else’s actions leaves a hole in our lives that can never be filled. - Punitive Damages- These claims are meant to punish the defendant for their actions,
and to deter the defendant and others from continuing a specific dangerous behavior.
Your case may be what saves another person from having to face a similar situation in
the future.
If you or a loved one were injured in an accident that wasn’t your fault and you feel that
negligence is the cause of your injuries, feel free to contact Fulgencio Law today. Our dedicated
team of personal injury attorneys understands how stressful it can be to have to take time off
work to recover from your injuries. Contact us for your free, no-obligation, and confidential
consultation to discuss your situation and to determine if you have a case.
Contacting A Personal Injury Lawyer In Tampa
If you or a loved one was injured in an accident in Florida that wasn’t your fault and you believe
negligence is the cause, don’t hesitate to contact Fulgencio Law. Our dedicated and
compassionate team has the experience and resources to handle your delicate and unique
case.
We focus our representation on three main categories: personal injury, consumer protection,
and insurance company disputes, all in which we can accurately and efficiently form a case to
suit your claim. Our team is a part of the community and has an in-depth knowledge of the area
so we can better serve you in your claim.
Call us today at (813) 463-0123 to schedule a free, confidential, no-obligation consultation. If
you or someone you love has been injured in Tampa, Florida, call Fulgencio Law immediately to
begin the investigations into your rights for compensation.