Tampa Personal Injury Attorneys

What is Personal Injury?

Personal injury refers to any physical, mental, or emotional harm caused to an individual as a result of someone else's negligence or intentional actions. Personal injury law allows individuals who have suffered injuries to seek compensation for their losses, including medical expenses, lost wages, pain and suffering, and other damages.

Here are several common types of legal theories for personal injury claims:

• Negligence: Negligence is perhaps the most common theory in personal injury cases. It involves proving that the defendant owed a duty of care to the plaintiff, the defendant breached that duty, the breach caused the plaintiff's injuries, and the plaintiff suffered damages as a result.
• Strict Liability: Strict liability holds a defendant responsible for harm caused by their actions regardless of fault or intent. This theory is often applied in cases involving defective products or inherently dangerous activities.
• Intentional Torts: Intentional torts involve harm caused by deliberate actions of the defendant. Examples include assault, battery, false imprisonment, and intentional infliction of emotional distress.
• Premises Liability: Premises liability holds property owners responsible for injuries that occur on their premises due to dangerous conditions. This can include slip and fall accidents, inadequate security leading to assaults, or injuries caused by unsafe conditions.
• Product Liability: Product liability laws hold manufacturers, distributors, and sellers liable for injuries caused by defective products. This can include defects in design, manufacturing defects, or failure to provide adequate warnings or instructions.
• Medical Malpractice: Medical malpractice occurs when healthcare professionals fail to provide a standard level of care, resulting in injury or harm to the patient. This can include surgical errors, misdiagnosis, medication errors, and other forms of medical negligence.
• Wrongful Death: Wrongful death claims arise when a person dies due to the negligence or intentional actions of another party. Surviving family members may seek compensation for the loss of their loved one's financial support, companionship, and other damages.

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

A statute of limitations is a legal rule that allows you to file a personal injury claim against a defendant that caused your accidents as long as the statute stands. When the statute expires, future claims will be thrown out by the court, except for extremely rare cases.

According to the Florida Statutes section 95.11(3)(a), Florida has a moderate statute of limitations for personal injury claims at two years, starting on the date of the accident or when your injuries were diagnosed or reasonably should have become noticeable. This means that you have two years from the date of your accident to file a personal injury claim or you will lose your right to do so along with your right to recover compensation.

As stated above, there are some rare circumstances in which the two-year time window can be changed. These exceptions are listed in Florida Statutes section 95.051 and include circumstances where:

• The injured party is deemed legally incapacitated at the time of the accident
• The alleged negligent party left the state of Florida before a lawsuit could be filed
• The alleged negligent party intentionally concealed their identity to avoid a lawsuit

Additionally, if your injury claim is against a government entity or employee a formal notice must be sent within three years of the date of the accident and a lawsuit can only be filed after a 180-day investigation period. An attorney from our firm can help you navigate this complex area of personal injury law. Want to learn more about your rights and options? Contact a Tampa personal injury attorney from our firm today to discuss your case during a free consultation.

How Much Is My Personal Injury Case Worth?

A personal injury claim’s worth depends on many, many factors, so it can be difficult to predict its value upfront. What one claimant gets for a serious injury case could look much different than your settlement or award, even though the circumstances of the case seem similar.

Examples of factors that can change the value of a personal injury claim include:

• Your age and overall health prior to the injury
• Extent and permanency of your injuries
• Your income and income capacity before you were injured
• Your liability for your accident or injuries

How Much Does a Personal Injury Lawyer Cost?

When you work with Gunn Law Group in Tampa for your personal injury claim, you don’t need to stress about the cost of hiring legal help thanks to our contingency fees. Under a contingency fee agreement, we agree to work on your case and represent you at no initial cost.

We only get paid attorney fees if we end your case with a successful verdict, settlement, or award for you. Also, our fees are based on a percentage of your winnings – usually between 25% and 40% - so that you never have to pay more than what you can afford. Lastly, a court might order the defendant to pay our attorney fees as additional damage, meaning you effectively keep your full recovery.

What Is Breach of Duty?

Breach of duty occurs when a person’s actions or conduct do not meet a reasonable standard of care. Individuals are expected to act with reasonable care so as to avoid causing injury to another person.

What is considered a breach of duty? Below are some common examples of breached duty:

• An individual texting while driving
• An individual speeding
• A landlord failing to treat a bed bug problem
• A store owner failing to take care of slippery floors
• A property owner failing to repair a broken step

When an individual fails to adhere to the duty of care, they can be proven negligent in an injury case. However, breach of duty is only one of the four elements used to determine negligence in a personal injury case. The other three factors are as follows: (1) an individual was owed the duty of care, (2) the breach of duty caused the individual harm, and (3) the individual suffered damages.

Explore your legal options today. Schedule a free consultation with one of our skilled Tampa personal injury lawyers.