Tampa / St. Petersburg
Personal Injury Lawyers
If you’ve been injured in an accident that wasn’t your fault, you may be wondering if you have a successful personal injury claim. The answer depends on several factors, including the severity of your injuries and who was at fault for the accident. However, even if you have a strong case, pursuing a personal injury claim can be difficult and time-consuming. This is where a personal injury lawyer comes in.
A St. Petersburg personal injury lawyer will help to gather evidence, interview witnesses, and build a strong case on your behalf. They will also negotiate with insurance companies and ensure that you receive fair compensation for your injuries. If you’ve been injured in an accident, speaking to a personal injury lawyer is a good first step toward getting the justice and compensation you deserve. Contact us today to schedule a free consultation.
Table of Contents
1 Most Common Types of Personal Injury Claims
2 Basics of a Personal Injury Case: Negligence
3 The Statute of Limitations for Personal Injury Claims in Florida
4 Personal Injury FAQs
5 Contact Gomez Trial Attorneys for Assistance With Your Personal Injury Claim
MOST COMMON TYPES OF PERSONAL INJURY CLAIMS
No one ever expects to be injured because of someone else’s negligence, but unfortunately, it happens. There are many different types of personal injury claims, but the following includes the most common types of personal injury claims:
SLIP AND FALL ACCIDENTS
A slip-and-fall accident occurs when you slip, trip, or fall and are injured as a result. These accidents can happen just about anywhere, from a friend’s house to a grocery store. To win a slip and fall case, you must prove that the property owner was negligent in maintaining the property. This means showing that the owner knew or should have known about the hazard that caused your accident but did not do anything to fix it.
Car accidents are one of the most common types of personal injury claims. If you’ve been in an accident caused by another driver’s negligence, you may be able to file a lawsuit against that driver. To win a car accident case, you must prove that the other driver was at fault for the accident. You and your lawyer can do this by showing that the driver was speeding, driving under the influence, or violating another traffic law.
Product liability claims arise when a person is injured by a defective or dangerous product. To succeed on a product liability claim, you must be able to show that the product was defective and that the defect caused your injuries.
Nearly 4.5 million people are bitten by dogs each year in the United States. Of those 4.5 million people, about 20% require medical attention for their injuries. If you’ve been bitten by a dog, you may be able to file a personal injury claim against the dog’s owner.
To succeed on a dog bite claim, you must only show that you were bitten by a dog and suffered injuries. Dog bites in Florida are governed by strict liability, so there’s no need to present evidence that the dog’s owner knew or should have known the dog was dangerous.
BASICS OF A PERSONAL INJURY CASE: NEGLIGENCE
To have a successful personal injury case, you must be able to show that the other party was negligent. But what does that mean, exactly? Here’s a quick overview.
Negligence is the failure to act with the level of care that a reasonable person would in the same or similar circumstances. To prove negligence, four elements must be shown: duty, breach of duty, causation, and damages.
Duty refers to the obligation that all individuals have to act in a way that does not put others at an unreasonable risk of harm. For example, all drivers are responsible for driving safely and not putting others on the road in danger.
Breach of duty occurs when someone fails to uphold their duty. For instance, if a driver runs a red light and hits another car, they have breached their duty to drive safely.
For there to be causation, you must prove that the breach of duty was the cause of the harm—and that the harm would not have occurred otherwise.
Finally, damages refer to the losses suffered by the victim as a result of the accident. These can include things like medical bills, lost wages, and pain and suffering.
THE STATUTE OF LIMITATIONS FOR PERSONAL INJURY CLAIMS IN FLORIDA
In Florida, the statute of limitations for personal injury claims is four years from the date of the injury. If you wait longer than that to file a claim, you will likely be barred from recovering any compensation.
It’s important to note that the statute of limitations for medical malpractice claims differs. If you were the victim of medical malpractice, you have two years from the date of injury or two years from the date of discovery to file a lawsuit in Florida. However, a claim can never be brought later than four years after the incident.
PERSONAL INJURY FAQS
HOW MUCH DOES A PERSONAL INJURY LAWYER CHARGE?
Many people are hesitant to hire a personal injury lawyer because they are unsure if they can afford it. The good news is that most personal injury lawyers work on a contingency basis, meaning you will not have to pay anything upfront, and you don’t pay unless your lawyer wins your case. Instead, the lawyer will take a percentage of your settlement as payment.
The amount that St. Petersburg personal injury attorneys charge varies depending on several factors, such as the severity of your injuries, the amount of time they expect to work on your case, and whether the case goes to trial. However, most personal injury lawyers charge between 33% and 40% of the total settlement.
For example, if you are awarded $10,000, and the lawyer’s contingency fee is 33%, the lawyer will ultimately receive $3,300 (33% of $10,000).
WHEN SHOULD I CONTACT A PERSONAL INJURY LAWYER?
Whether you were in a car accident or injured by a defective product, if you sustained an injury due to someone else’s negligence, you may be wondering if you need to hire a personal injury lawyer. The answer isn’t always cut and dry, but there are some common situations where it makes sense to seek legal counsel.
THE OTHER PARTY DOESN’T HAVE INSURANCE
If the person or company responsible for your injuries doesn’t have insurance, they may be unable to cover the cost of your medical bills and other damages. In this case, you may need to file a personal injury lawsuit to get the compensation you deserve.
YOUR INJURIES ARE SEVERE
If your injuries are serious, you may be facing a long road to recovery — and expensive medical bills. A personal injury lawyer can help you get the compensation you need to cover your medical expenses and lost wages.
THE OTHER PARTY IS DISPUTING LIABILITY
If the other party denies that they’re responsible for your injuries, you’ll need someone to help prove liability. An experienced personal injury lawyer will know how to investigate your accident and gather evidence to build a strong case.
You’re not getting fair compensation from the insurance company. Insurance companies have one primary goal — to make money — not pay out fair claims. If the insurance adjuster is unfair with their settlement offer, it may be time to bring in a personal injury lawyer who can negotiate on your behalf.
WHAT SHOULD I ASK A PERSONAL INJURY LAWYER?
After sustaining an injury due to someone else’s negligence, you may be looking for a personal injury lawyer to help you seek compensation. However, with so many lawyers out there, it can be hard to know where to start. Here are a few questions you should ask when hiring a personal injury lawyer:
- How long have you been practicing law?
- How many personal injury cases have you handled?
- What is your success rate in these types of cases?
- Do you have any experience with cases like mine?
- Who will be handling my case?
- How often will I be updated on the status of my case?
- What are the anticipated costs of pursuing my case?
- What are my chances of winning?
- What are the risks involved in pursuing my case?
These are just a few of the questions you should ask when hiring a personal injury lawyer. By asking these questions, you can help ensure that you find the best lawyer for your case and needs.
WHY SHOULD I HIRE A PERSONAL INJURY LAWYER?
If you’ve been injured, you may be facing mounting medical bills, lost wages, and the stress of dealing with insurance companies. Filing a personal injury claim can be overwhelming, and if you don’t have experience doing it, you may not get the compensation you deserve. Consider hiring a personal injury lawyer because:
YOU MAY BE ENTITLED TO COMPENSATION
If you’ve been injured in an accident that wasn’t your fault, you may be entitled to compensation for your medical expenses, lost income, and other damages. A personal injury lawyer can help you determine what type of compensation you may be eligible for and will fight to get you the total amount you deserve.
THE INSURANCE COMPANY IS NOT YOUR FRIEND
After an accident, the insurance company will try to pay out the least amount of money possible or deny your claim altogether. Having a personal injury lawyer on your side level the playing field and ensures that you’re treated fairly by the insurance company.
YOU NEED AN ADVOCATE IN COURT
If your case goes to trial, having a personal injury lawyer by your side significantly increases your chances of winning fair compensation for your injuries.
PEACE OF MIND
Finally, hiring a personal injury lawyer gives you peace of mind knowing that someone is fighting for your best interests and will do everything possible to get you the outcome you deserve.
CONTACT GOMEZ TRIAL ATTORNEYS FOR ASSISTANCE WITH YOUR PERSONAL INJURY CLAIM
At Gomez Trial Attorneys, we have years of experience with all types of personal injury claims. We know the ins and outs of the process, and we’ll fight to get you the compensation you deserve. We’re not afraid to take on big insurance companies, and we’ll fight to get you the maximum compensation possible. Additionally, we have a proven track record of success in personal injury cases.
We’ve won millions of dollars for our clients in settlements and verdicts, and we can help you too. If you’re looking for a personal injury lawyer St. Petersburg residents trust and recommend, contact Gomez Trial Attorneys today for a free consultation by calling 866-TRIAL LAW (866-874-2552) or by contacting us online.
“John helped me find doctors, he referred me to his neurologist, his physical therapist, I mean, anything I needed he was right there, every step of the way. I couldn’t have asked for a better result from all of this, I would absolutely recommend Gomez Trial Attorneys.”
“During the time I was working with Gomez Trial Attorneys, they treated me very, very well. 100% of the time, they believed me, and they were very compassionate. They felt sorry for what happened and they understood the therapy process.”
“They held my hand the whole time and kept me in the loop every aspect of my case which was very refreshing to me. They helped me get my settlement offer as fast as possible and I was able to keep my farm”
“The Gomez experience was the best experience it could be for me really, only positive things to say. They really were there every step if the way. Thanks to Gomez Trial Attorneys my dad is able to support my family as a single father”
“He opened the door for me to join his firm to help other brain Injury survivors and I never met another firm who is like this who was so understanding and caring who took the extra step and walked the extra mile with their clients and this is the best”
“I am very satisfied with the outcome with Gomez and I would definitely recommend Gomez to anybody, we tell people all the time, Get Gomez! They are really thorough with everything and they make you feel real comfortable.”
“Just helped us through, guided us through, I kept notes all those years, we had questions all the time and they would always keep us informed of what was going on. They just unlayered it, layer by layer, I’ve never seen anything like them. Thank God for them.”