Oldsmar Personal Injury Lawyer
We are all required to use a certain degree of care in our day-to-day dealings with others. While most of us do our best to refrain from harming others through our own negligence, accidents still can and do occur. When these accidents can be linked to someone’s negligent or reckless conduct, the at-fault party could be held liable for damages compensating the victim for his or her losses. There are, however, a number of complicated legal rules that apply to personal injury cases, so if you or a loved one were recently injured in an accident through no fault of your own, it is important to contact an experienced Oldsmar personal injury lawyer who can advise you.
- Car Accidents
- Catastrophic Injury
- Insurance Bad Faith
- Insurance Liability
- Medical Malpractice
- Nursing Home Abuse
- Pharmaceutical Injury
- Premises Liability
- Workplace Accidents
- Wrongful Death
Types of Personal Injury Cases
Those who are injured in accidents because of someone else’s actions could hold that person accountable by filing a personal injury claim in court. While these types of claims can be filed just about anytime someone’s negligence causes an accident, most personal injury claims involve one of the following:
- A car crash;
- A cyclist or pedestrian accident;
- A defective consumer product;
- A slip and fall accident;
- A motorcycle accident;
- An accident involving a commercial vehicle;
- An animal attack; or
- Negligence on the part of a healthcare provider.
If you were injured in one of these types of accidents, please contact our team today to learn more about your legal options.
Elements of a Negligence Claim
Plaintiffs who file personal injury claims will only be successful if they can prove specific elements, including that:
- The defendant owed the plaintiff a duty of care;
- The defendant breached that duty; and
- The plaintiff suffered an injury as a result of the defendant’s actions.
Fortunately, even when a plaintiff contributed to an accident, he or she won’t necessarily be barred from recovery. This is because Florida courts adhere to the legal theory of comparative negligence, which means that plaintiffs who helped contribute to their own accidents can still recover compensation, although the amount they can collect will be reduced in proportion to their own degree of fault.
In Florida, plaintiffs only have a certain amount of time, known as a statute of limitations, in which they can file a civil suit against the person or business who caused them to sustain an injury. Under state law, Florida residents only have four years from the date of their accidents to file a claim against the at-fault party in court. Plaintiffs who fail to file a claim before this deadline passes will almost always have their cases dismissed by the court.
There are, however, a few exceptions to this rule. For instance, if a person did not discover his or her injury until after the statute of limitations has passed, a court could be willing to extend the deadline. For help determining whether your own case satisfies one of these exceptions, please contact our legal team today.
Contact an Experienced Oldsmar Personal Injury Lawyer
To speak with an Oldsmar personal injury lawyer about your own options following a serious accident, please call the Pawlowski // Mastrilli Law Group today.