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Recovering Compensation: Let Tampa's Personal Injury Attorneys Fight for You

An injury can affect you in many ways. Besides the physical pain, an injury can also impact you emotionally and financially. Severe injuries can have devastating, long-term effects that last for the rest of your life. You shouldn’t have to deal with these consequences alone—especially if you were injured as a result of another person’s negligence. As an injury victim, the law gives you the right to take legal action against the party that caused you harm. Let our experienced personal injury attorneys in Tampa handle every aspect of your legal claim while you concentrate on making a full recovery from your injuries. With our help, you can successfully recover the compensation you are entitled to by law.

Attorneys at Carlson Meissner Law Firm on Personal Injury

Attorney Jennifer A. Burns

What Types of Personal Injury Cases Do We Handle In Tampa?

Our personal injury attorneys in Tampa are passionate about protecting the rights of the injured.

Our attorneys handle a wide range of personal injury cases, including:

Let us put our experience, resources, and knowledge to work for you.

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How Much Is My Personal Injury Case Worth?

The value of a personal injury claim can vary on a case-by-case basis. If you have been injured, the at-fault party could be legally obligated to compensate you for:

  • Medical expenses: This includes both your current medical expenses and the medical expenses you expect to incur in the future.
  • Lost wages: If you had to take time off of work to recover, you could receive compensation for your lost wages.
  • Loss of earning potential: If your injuries will affect your ability to work in the future, you may be awarded compensation for the income you will lose due to your injuries.
  • Pain and suffering: Personal injury plaintiffs are often awarded compensation for the mental and physical pain and suffering they have experienced as a result of their injuries.

Don’t trust the at-fault party’s insurer to accurately calculate the value of your claim. Insurers all have the same goal: to settle with you for as little as possible. Because of this, they will not tell you how much your claim is really worth. If you want to learn more about the value of your claim, talk to our attorneys today.

How Can A Personal Injury Attorney Help?

Our attorneys will stand by your side throughout the entire personal injury claim process. When you call our office, we will schedule a free initial consultation with you to learn more about your case. If you choose to hire our team, we will immediately launch a thorough investigation into the accident.

During this investigation, we will:

  • Work with experts to recreate the events leading up to the accident
  • Determine how the accident occurred
  • Identify the parties that can be held liable for your injuries
  • Conduct a comprehensive review of your medical records
  • Evaluate the severity of your injuries and your prognosis

Once our investigation is complete, we will begin aggressively negotiating with the at-fault parties and their insurers. We know the devastation that an injury can cause, which is why we will not settle for less than what you are entitled to by law. If the at-fault party and their insurer is not willing to make a fair offer, we will not hesitate to file a lawsuit in order to bring your case before a judge and jury. We will do whatever it takes to ensure you are fully compensated.

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How Long Do I Have to File A Personal injury Lawsuit in Tampa?

Every state has its own statute of limitations for personal injury cases. These laws limit the amount of time that victims have to file a lawsuit against the at-fault party after suffering an injury. In Florida, the statute of limitations on most personal injury cases is four years. This means that if you were injured as a result of another party’s negligence, you have four years from the date of the accident to file a lawsuit.

There are some exceptions to this law, but in general, if you miss this deadline, you could lose the opportunity to recover compensation for your injuries. Don’t let this happen to you—contact a personal injury lawyer in Tampa right away to initiate the claims process as quickly as possible.

Man sitting with a cast on a leg.

Understanding Liability and Negligence in a Tampa Personal Injury Case

In a Tampa personal injury case, establishing liability and proving negligence are crucial steps in seeking compensation for your injuries. Liability refers to legal responsibility, while negligence involves failing to exercise reasonable care, leading to harm. Here’s what you need to know:

Duty of Care

In a personal injury case, the at-fault party must have owed you a duty of care. For example, drivers have a duty to operate their vehicles safely.

Breach of Duty

To prove negligence, you must show that the at-fault party breached their duty of care. This could be through reckless driving or failure to maintain safe premises.

Causation

There must be a direct link between the breach of duty and your injuries resulting from the at-fault party's actions or negligence.

Damages

Lastly, you must have suffered actual damages, such as medical expenses, lost wages, or pain and suffering resulting from the accident.

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Proving Your Tampa Personal Injury Lawsuit

Proving your Tampa personal injury lawsuit requires establishing key elements of negligence:

  • Duty: Show that the at-fault party owed you a duty of care, such as a driver's duty to follow traffic laws.
  • Breach: Demonstrate how the at-fault party breached this duty by speeding or ignoring safety protocols.
  • Causation: Establish a direct link between the breach of duty and your injuries, proving that their actions directly caused harm.
  • Damages: Document your damages, including medical bills, lost income, and pain and suffering, to quantify the impact of the injuries.

Tampa Accident Statistics

Tampa, Florida, is a vibrant city with a bustling population. Unfortunately, with such a large number of people and vehicles, personal injury accidents are a common occurrence in the area.

In recent years, Tampa has seen a concerning rise in personal injury accidents, including:

  • Motor vehicle collisions
  • Slip and fall incidents
  • Workplace injuries

According to the latest data from the Florida Department of Highway Safety and Motor Vehicles, there were over 25,000 reported traffic crashes in Tampa in the past year alone, resulting in many injuries. These accidents have had a profound impact on the lives of individuals and families across the city, leading to physical injuries, emotional trauma, and financial burdens. The statistics also reveal that certain areas in Tampa are more prone to personal injury accidents than others. High-traffic zones, intersections with poor visibility, and construction sites have been identified as hotspots for such incidents.

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Most Common Personal Injuries in Tampa

The most common personal injuries in Tampa include the following:

  • Whiplash and neck injuries from car accidents
  • Back injuries and fractures from slips and falls
  • Traumatic brain injuries (TBI) from various accidents
  • Soft tissue injuries and sprains
  • Broken bones and fractures
  • Psychological trauma such as post-traumatic stress disorder (PTSD)

Other common personal injuries in Tampa include burns and scarring from fires or chemical accidents, as well as injuries resulting from medical malpractice or defective products.

What to Do After an Unexpected Injury

After an unexpected injury, take the following steps:

Seek Immediate Medical Attention

Promptly seek medical care following the injury and follow all medical advice and treatment recommendations. Keeping a record of your medical journey helps establish the severity and progression of your injuries.

Document the Accident

Take detailed notes and photographs of the accident scene, including any visible injuries, property damage, and environmental factors. Collect contact information from witnesses if possible, as their testimonies can be valuable later on.

Report to Authorities

Inform the appropriate authorities about the incident, such as law enforcement for accidents, workplace supervisors for on-the-job injuries, or property owners for premises-related incidents. This creates an official record of the event.

Follow Medical Advice

After seeking initial medical attention, follow through with any recommended treatments, medications, or follow-up appointments. Adhering to medical advice promotes your recovery and provides a documented record of your injuries and the steps taken to address them.

Keep Detailed Records

Maintain a thorough record of all medical documents, including doctor's notes, test results, prescriptions, and receipts for medical expenses. These records will be crucial evidence in demonstrating the extent of your injuries and the associated costs.

Document Losses

Keep track of any financial losses stemming from the injury, such as missed workdays, reduced earning capacity, or expenses related to caregiving or household assistance. Documenting these losses helps quantify the economic impact of the injury.

Preserve Evidence

Preserve any physical evidence related to the accident, such as damaged property, clothing worn during the incident, or photographs of the accident scene. These items corroborate your account of what happened and support your legal claims.

Communicate Carefully

Be cautious when communicating about the incident, especially with insurance companies or representatives of the at-fault party. Avoid admitting fault or providing detailed statements without consulting your attorney first.

Following these additional steps will protect your health and well-being and lay the groundwork for a solid legal case to pursue compensation for your injuries and losses.

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What Not to Do After a Personal Injury

Avoid these common mistakes after a personal injury:

  • Admitting fault or apologizing at the scene
  • Delaying medical treatment or ignoring doctor's orders
  • Providing recorded statements to insurance adjusters without legal advice
  • Signing any settlement offers without legal review

These actions can jeopardize your claim and affect your ability to recover fair compensation.

Filing a Personal Injury Claim After an Accident

When filing a personal injury claim after an accident, follow these steps:

Contact Carlson, Meissner & Hayslett for Guidance

A personal injury attorney from our firm can provide crucial guidance and support during this challenging time. They will assess your case, explain your legal rights, review the evidence and documentation to determine liability, and develop a strategy to support your claim.

Your attorney will also handle communications with insurance companies and the opposing party, ensuring that your rights are protected and that you do not inadvertently say or do anything that could harm your case.

File the Claim Within the Statute of Limitations

In Florida, statutes of limitations restrict the time you have to file a personal injury claim, typically within four years of the date of the incident. Missing these deadlines can jeopardize your ability to seek compensation, so acting promptly and consulting with a personal injury attorney as soon as possible is essential.

Work with Your Attorney to Negotiate a Fair Settlement or Prepare for Litigation

After filing your claim, your attorney will negotiate with the insurance company or opposing party to seek a fair settlement that adequately compensates you for your injuries and losses.

If negotiations do not result in a satisfactory settlement, your attorney will be prepared to take your case to court and advocate for your rights before a judge and jury. They will guide you through each step of the legal process and represent your interests zealously.

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Why Choose Carlson Meissner & Hayslett to Handle Your Personal Injury Case?

With a collective experience of over 125 years, Carlson Meissner & Hayslett has the expertise to handle complex injury cases effectively. We are known for our personalized approach, tailoring our strategies to meet each individual's unique needs and goals.

Thanks to ample resources and a strong network, we conduct thorough investigations and develop a robust legal strategy. Our commitment to compassionate advocacy ensures clients receive understanding and effective legal representation.

Carlson Meissner & Hayslett provide the expertise and support necessary to pursue rightful compensation for those dealing with the complexities of a personal injury claim. Contact us today to arrange a free consultation with our Tampa personal injury attorneys and discover how we can help you.

FAQ 

Do I have to visit a medical doctor for a personal injury case?

What is mediation?

What is the statute of limitations in Florida for a personal injury case?

How much does it cost?

How long will it take to settle my personal injury claim?

Can my spouse or children recover for any losses my injuries caused?

Can a case be settled without my permission?

What is a serious injury in Florida?

Can I still recover damages if I’m partially at fault?

Do I have to visit a medical doctor for a personal injury case?

Seeking medical treatment after an accident, while not always a legal requirement to filing a claim, is crucial to obtaining a substantial settlement proposal or jury verdict. Note that in Florida, access to Personal Injury Protection coverage requires that you seek medical treatment within 14 days of the accident. Delaying medical treatment in any personal injury case may adversely impact the value of your claim. Insurance adjusters look for credible assessments of your injuries from traditional medical professionals. Be sure that you gather comprehensive medical documentation, including records from physicians, orthopedic doctors, chiropractors, acupuncture specialists, or alternative medicine providers, to support your claim with evidence of treatment and associated costs. A medical assessment of the need for, and nature of future treatment is important.

What is mediation?

Mediation is a process where both parties in a case agree to enlist the services of an impartial third party to facilitate the resolution of their dispute. The mediator assists the involved parties in constructive discussions to help them reach mutually acceptable resolutions, aiming to avoid the need for a trial or arbitration.

What is the statute of limitations in Florida for a personal injury case?

In Florida, the statute of limitations for most personal injury cases, including auto accidents, wrongful death and medical malpractice, is two years from the accident date. It is crucial to file a personal injury lawsuit within this time frame.

How much does it cost?

A personal injury attorney in Tampa will typically charge a contingent fee ranging from 10% to 40% of the awarded amount, with an average fee of 33.33%.

How long will it take to settle my personal injury claim?

Personal injury cases are typically resolved out-of-court faster than those heading to trial. The duration can vary based on the complexity of the case and the severity of the injuries. A case may not be “ripe” for settlement or evaluation, until all of your medical issues are resolved, or there is clarity as to the need for future treatment and its cost. Cases with more intricate liability issues may extend the settlement timeline.

Can my spouse or children recover for any losses my injuries caused?

Absolutely. Your spouse can seek compensation for damages resulting from your injuries, including lost support and services. Additionally, your spouse can file a claim for loss of consortium, encompassing the benefits a married couple would typically enjoy but may be denied due to your injuries. Likewise, your children are eligible to seek recovery for any lost support and services stemming from your injuries.

Can a case be settled without my permission?

No, that's not possible. We will advise you on any settlement offer, but the ultimate decision rests with you. Your consent is a crucial part of settling your personal injury claim.

What is a serious injury in Florida?

In Florida, a serious injury is usually one that causes major impairment of bodily function, permanent disfigurement, or a significant risk of death. This definition is crucial in personal injury cases because it decides the compensation amount and legal options the injured person can pursue. Some examples of serious injuries are traumatic brain injuries, spinal cord injuries causing paralysis, severe burns, amputations, and injuries that lead to long-term disabilities or chronic conditions.

Can I still recover damages if I’m partially at fault?

Yes, you may still be able to recover damages in Florida even if you are partially at fault for the accident or injury. Florida follows a comparative fault system, specifically the pure comparative fault rule. Under this rule, your compensation may be reduced proportionally to your percentage of fault. For example, if you are found 20% at fault for an accident and awarded $100,000 in damages, your compensation would be reduced by 20% ($20,000), and you would receive $80,000. It's important to note that Florida's comparative fault system allows for recovery even if you are primarily responsible for the accident, as long as you are not 100% at fault. However, consulting with a personal injury attorney is advisable to understand how comparative fault may impact your specific case and the potential compensation you may receive.

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