Tampa Personal Injury & Auto Accident FAQ
How do I know if I have a personal injury case?
First, you must have suffered an injury to your person or property. Second, you should consider whether your injury was someone else’s fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit — some personal injury claims can be based on a variety of nonphysical losses and harms. In the case of an assault, for example, you do not need to show that a person’s action caused you actual physical harm, but only that you expected some harm to come to you. Similarly, you also may have a case if someone has caused injury to your reputation, invaded your privacy or intentionally inflicted emotional distress upon you.
How soon after I am injured do I have to file a lawsuit?
The state of Florida has certain time limits, called “statutes of limitations,” which govern the amount of time you have to file a personal injury lawsuit. If you miss the deadline for filing your case, you may lose your legal right damages for your injury. Consequently, it is important to contact a lawyer as soon as you suffer or discover an injury.
What should I bring with me for my meeting with my lawyer from The Pawlowski//Mastrilli Law Group?
You should provide our team with any documents that might be relevant to your case. Police reports, for example, contain eyewitness information and details about the conditions surrounding the event from which your claim arises. Copies of medical reports and bills from doctors and hospitals will help demonstrate the extent and nature of your injuries. Information about the insurer of the person who caused your injury is extremely helpful, as are any photographs you have of the accident scene, damaged property and your injuries. The more information you are able to give your lawyer, the easier it will be for him or her to determine if your claim will be successful. If you haven’t collected any documents at the time of your first meeting, however, don’t worry; our team will be able to obtain them in the investigation of your claim.
How long will it take to bring my auto accident case to a conclusion?
The complexity of the accident as well as the particular injuries sustained will determine the time frame of the outcome. We resolve our client’s cases based on an understanding of their current and future medical conditions. Once our law firm becomes involved, the average car or auto accident case is resolved within eight to twelve months but often less.
What if the victim of an accident dies before bringing a personal injury lawsuit?
If a person injured in an accident subsequently dies because of those injuries, that person’s heirs may typically recover money through a lawsuit known as a wrongful death action. Also, even if a person with a personal injury claim dies from unrelated causes, the personal injury claim survives in most cases and may be brought by the executor or personal representative of the deceased person’s estate.
What is the definition of “negligence?”
The critical issue in many personal injury cases is just how a “reasonable person” was expected to act in the particular situation that caused the injury. A person is negligent when he or she fails to act like an “ordinary reasonable person” would have acted. The determination of whether a given person has met the “ordinary reasonable person” standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.
Is there any other basis for personal injury liability besides negligence?
Yes. Some people or companies may be held “strictly liable” for certain activities that harm others, even if they have not acted negligently or with wrongful intent. Under this principle, a person injured by a defective or unexpectedly dangerous product, for instance, may recover compensation from the maker or seller of the product without showing that the manufacturer or seller was negligent. Also, persons or companies engaged in using explosives, dangerous substances, or keeping dangerous animals can be strictly liable for harm caused to others as a result of such activities.
Will the person who caused my injury be punished?
Not in the traditional sense that they would be entered into the penal system. Defendants in civil actions for personal injury do not receive jail terms or criminal fines as punishment. Those are criminal sentences, and personal injury cases are civil actions. However, in some cases, juries and courts can award what are called “punitive damages,” which are designed to punish defendants who have behaved recklessly or intentionally against the public’s interest. The goal in ordering the payment of punitive damages is to discourage such defendants and others from engaging in the same kind of harmful behavior in the future.
Does my auto insurance cover my motorcycle accident?
Many motorcycle owners believe that they will be covered by their automobile insurance if they are involved in an accident. Unfortunately, this is not the case. In the state of Florida, insurance is not required for the owner and rider of a motorcycle. Furthermore, the PIP coverage a motorcycle owner may have on his car will not cover the owner if injured on a motorcycle.