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Tag Archives: what is personal injury
When it comes to a personal injury case, there are many factors involved that affect the outcome of your settlement, but the two major parts of your case are: 1) liability, and 2) causation which include damages.
In terms of liability, if someone else is 100% liable for your injuries, you have passed the first hurdle; but the value of your case can be less if you are partially responsible for your injuries, and Florida statutes allow apportionment of damages based upon the comparative negligence of the parties. For example, if the at fault party is 80% at fault, but you were judged 20% at fault, typically your damages or value would be reduced by 20%. You can have very serious injuries but have very weak liability in your case; or you can have great liability, but have very minor injuries as a result.
The second major part is causation, or do the injuries you are complaining of stem from the accident you were involved in?? This is primarily developed from a medical opinion from one or more of your treating doctors. Proper follow through and treatment with your doctors will allow them to give a final opinion as to the nature of your injuries and link them causally with the accident, i.e., your injuries were caused by and are a direct result of the accident.
Injuries resulting in an auto accident are generally split into two major categories: soft tissue injuries, and really everything else. Roughly 90% of personal injury cases involve some sort of soft tissue injury or whiplash, which is a ripping and damaging of the muscles, ligaments and tendons of the neck and back area of your body. Soft tissue injuries can cause bulges or herniation to the disc material between the spinal vertebrae.
Other types of injuries include injuries to knees, shoulders and extremities, broken bones, concussions, cuts, bruises and the like. These types of injuries typically receive a higher personal injury settlement because these injuries are easily documented and can be proven in court more objectively than soft tissue injuries, even though the chronic pain of permanent soft tissue injuries can be severe and debilitating to an individual.
A severe wound may also cause a psychological damage or financial loss. For example, a scar resulting from an incident on a professional model can hurt her ability to earn future income and as a result be a great financial loss. And if the scar is permanent, this would further increase a personal injury settlement. Some cases may even lead to plastic surgery which greatly weighs into the benefit of the plaintiff’s case.
Many injuries may result from a personal injury incident so it is important to know your legal rights to receive fair compensation for pain and suffering due to someone else’s negligence.
Seek a Tampa personal injury attorney today for further consultation if you have been severely hurt from an accident. Attorney Michael C. Blickensderfer of Blick Law Firm has over 25 year’s legal experience in personal injury cases and will aggressively pursue your case to the best outcome possible. Call us today for your free consultation at 813-931-0840.
A personal injury case is a legal contest between private parties where one side is seeking money damages from the other side as compensation for injuries. A person or group of persons who bring a personal injury case are alleging that they were emotionally or physically harmed due to the negligence or intentional conduct of the other party.
The most common types of personal injury cases are those based on claims of negligence and typically involve car accidents, slip-and-falls and medical malpractice. Other personal injury claims may include trespass, defamation of character, battery and assault and theft of trade secrets or copyrights.
Under the law of negligence, a plaintiff must prove that:
1) The defendant owed him or her a duty to act reasonably and safely.
2) The defendant breached that duty.
3) The plaintiff suffered harm as a result of the defendant’s negligence.
Negligence under the law means acting in a way that fails to conform with a specific standard of conduct, thereby putting others at risk for injury. Some examples include firing a gun recklessly, speeding on an icy roadway or failing to caution customers that your store floor is wet.
If your case is tried in court and you win, a judge or jury could award you damages to compensate you for lost wages, medical expenses, pain and suffering and, in some cases, additional damages as a way of punishing the defendant for their flagrantly negligent conduct. *Most states now have caps on the amount of damages plaintiffs can receive.
What is the cost to retain a Tampa personal injury firm?
Lawyers do not charge clients up front for legal fees associated with bringing a personal injury case. They get paid a portion of whatever the client wins, plus any additional legal expenses.
If you are seeking a possible personal injury claim or you are unsure of the ways in which hiring a personal injury lawyer may help, call Blick Law Firm today to receive your free consultation. Call us at 813-931-0840.
If you have recently been in an auto accident, whether it is your fault or not, seeking a personal injury attorney will only enhance the outcome of your case. What is a personal injury? Can you still have a case if the car accident crash was your fault? Watch this minute with mike video for the answers. We are your attorney for car accidents! Call today at 813-931-0840 and remember to mention this blog to get your free consultation.