Henry Okafor
An injury is more than just a nuisance that causes discomfort or renders you unable to care for yourself. Serious injuries can cost thousands of dollars in medical costs, lost earnings, and other expenses in addition to causing intangible losses like pain, suffering, mental anguish, and depression.
Our personal injury lawyers at Whibbs Stone Barnett, P.A. realize that accidents aren’t always small mishaps. We wish to assist you in obtaining the damages to which you are legally entitled when you have lost anything as a result of someone else’s acts.
Practice Areas
If you were hurt while working at one of the many manufacturing facilities in Pensacola, such as Armstrong or Pollock Industries, or on one of the city’s infamous roadways, such as Route 90 or Interstate 110, you will need an expert lawyer. In numerous cases, our lawyers have aided clients. We can competently represent any injury victims and have experience representing individuals who have been hurt in the various accident types described below.
Please contact our legal firm even if you don’t see the type of accident in which you were involved listed. We can tell you all you need to know about filing a personal injury lawsuit during your free consultation, including whether or not our law firm can give you the legal support you need.
Accidents with vehicles. A prominent source of injuries in Florida is motor vehicle accidents, which include car accidents, accidents involving heavy trucks, and accidents involving motorcycles.
Medical negligence. When a doctor or other healthcare practitioner fails to uphold the level of care they owe you and you suffer harm, this is considered medical malpractice.
Accidents resulting in falls. If a property owner knew about a hazardous condition that caused a slip and fall but did nothing about it in a reasonable amount of time, they may be held accountable.
Dog Bites. Being attacked by a dog can be a terrible experience that can cause both physical and mental harm to the victim. Since Florida is a strict liability dog bite state, you can sue the dog owner for your injuries if you weren’t trespassing at the time of the event.
Neglect and Abuse in Nursing Homes. Although we would want to believe so, not always, senior members of our community do not get the attention they require. Your family can receive compensation from us for the harm you caused.
Holding the Responsible Party Liable for Your Harm
You can hold someone accountable for the harm they caused you if they caused it via their actions. Negligence, or failing to behave with the same degree of care that another reasonable person in the same circumstance would do, is the foundation of a personal injury claim. As a result, you can hold the responsible party accountable if their negligence contributed to your accident and injuries.
You Owed the Defendant a Duty, and He Broke It
You must first show that the defendant was bound by law to treat you in a particular way. The next step is to demonstrate how the defendant’s actions or inactions violated the duty of care. Duty violations include things like driving while intoxicated, driving too fast, and offering insufficient security.
You may encounter a significant obstacle to success in a Pensacola personal injury lawsuit if you cannot demonstrate that the defendant owed you a duty of care or that the obligation was broken.
Proving Causation
After establishing the first two requirements, you must demonstrate that your injuries would not have happened absent the defendant’s actions or omissions. For instance, you would not have suffered harm if a car had not violated a stop sign or a doctor had not given the incorrect medication.
Damage Causation
Finally, you need to demonstrate the validity of your claimed damages. You must have medical evidence to back up your claim if you claim that a car accident caused your chronic back pain. In negligence trials, the company nearly always relies on expert testimony to establish medical causation.
For instance, if you sustain $10,000 in damages and an investigation reveals that you were preoccupied with your phone at the time, you may be held to be 15% at fault for the accident. As a result, your damages would be reduced by 15%, and you could only sue the responsible party for $8,500.
Statute of Limitations for Bringing forth a Personal Injury Claim
The statute of limitations in Florida, which determines how long you have after an accident to file a case, is another crucial law to comprehend if you are hurt as a result of someone else’s negligence in the state. According to Florida Statutes Section 95.11, the statute of limitations is four years from the date of the injury. It is extremely possible that a court will decline to hear your case if you do not file it within four years, and you will not be able to receive compensation as such.
Florida’s four-year personal injury statute of limitations exceptions
The majority of personal injury lawsuits in Florida must be filed within four years, however there are some notable exceptions:
Minors and Individuals who are Legally Incapacitated
Because they are unable to do so on their own, minors are given more time to launch a personal injury lawsuit. However, the extended deadline is not limitless. Minors have seven years from the date of the injury or until the appropriate statute of limitations (for their type of case) expires, whichever time period is longer, as opposed to the typical deadline of four years. Individuals who were legally incapable (such as those who are mentally ill) at the time of the damage must meet the same requirements.
Defendant Obstruction
The defendant may attempt to “run out the clock” by delaying a claim in a number of ways. Examples include leaving Florida at some point following the underlying harm but prior to filing a lawsuit, going under a fictitious identity, and/or hiding out to avoid being “served” on the defendant. The statute of limitations may be extended in such circumstances.
Contact Our Florida Personal Injury Lawyers Today
We are aware that filing a personal injury claim or lawsuit might seem challenging, particularly if you are still healing from the injuries. However, we also understand that bringing a claim may be your last chance to hold the responsible person accountable for the suffering you have endured and obtain the money you require to meet your medical costs and support you and your family going forward. Visit our law offices, write us an email, or give us a call at 1-888-219-4561 to arrange a meeting with our Florida injury experts so you can learn more. All personal injury situations are eligible for free consultations.
