A personal injury lawyer could help you get justice if you were injured due to the careless or willful actions of an individual, business, or other entity.
If you or a loved one suffered injuries in an accident, the experienced personal injury attorneys at Harrell & Harrell can fight for what you deserve. We can gather evidence to prove your case, determine all liable parties, negotiate with insurance companies and others, and even take your case to trial if necessary. Call us now for a free, no-obligation case review at (904) 251-1111.
What Is Personal Injury Law?
In order to understand the purpose of personal injury law, it is important to recognize these two points:
- If someone experiences an injury due to another person’s carelessness, recklessness, or negligence, that person should receive compensation to relieve the burden the injury placed upon them.
- If the other person did not intend to cause harm to others, a jail sentence is not only unfair but it fails to help the injured person relieve the financial burden the injury may have caused.
When an injury has occurred and a criminal trial is inappropriate, personal injury law stands in the gap to ensure the negligent parties take responsibility for their actions. More importantly, personal injury law exists to help relieve the financial burden placed upon the injured party.
Whether you have suffered an injury due to an auto accident, medical malpractice, workplace accident or other incidents, personal injury law is in place to ensure you receive compensation for the negative impact your injury has on your life. An experienced personal injury lawyer can help you during this difficult time by helping you receive fair compensation that will provide relief from the pressure of mounting medical bills or the stress of the inability to work.
Compensation Victims Could Recover
Our team of Jacksonville personal injury lawyers is dedicated to seeing that personal injury law works as it is designed to. Depending on the nature of each personal injury case, plaintiffs may receive compensation or reimbursement for:
- Medical treatment
- Estimated future medical treatment
- Medications
- Lost wages
- Future lost income
- Property losses
- Pain and suffering
- Emotional distress
- Loss of enjoyment if the incident has kept you from pursuing everyday enjoyable activities
It is important to remember that not all personal injury plaintiffs will qualify for each of these categories of compensation – the damages particular to your case will depend on its details. However, our experienced lawyers can inform you regarding what to expect and will never promise unreasonable settlements or encourage ill-advised lawsuits to win your business. In fact, at least two lawyers review every case our office accepts, to ensure you receive the most accurate outlook possible.
Proving Negligence in a Personal Injury Lawsuit
An individual is not automatically entitled to compensation simply by suffering injuries in an accident. In order to have legal recourse, another party must have been negligent or acted in a certain way, causing your injuries and financial damages.
However, simply knowing that someone else’s negligence or actions caused your losses will not hold up in a court of law. You and your attorney must prove the following four elements with the appropriate evidence:
- The defendant owed you a duty of care
- The defendant breached that duty
- The defendant’s actions caused your accident and injuries
- You have damages such as financial losses and injuries
Evidence that could help to prove your claim can include:
- Photographs and videos of the accident scene and injuries
- Accident reports
- Medical reports
- Eyewitness testimony
A seasoned accident lawyer from Harrell & Harrell can help with gathering the necessary evidence needed to build a comprehensive case against the negligent party in your lawsuit.
Personal Injury Frequently Asked Questions
How Do I Know Whether I Have a Personal Injury Case?
Whether you have a good personal injury case or not is not always immediately apparent. Generally, you will have a case if another party acted carelessly or recklessly, causing your accident and injuries. However, consider contacting a personal injury lawyer or law firm to schedule a free consultation and find out how strong your case is and whether you may be able to recover damages.
Our attorneys can advise you of your legal rights and clarify all potential legal options available. We can also assess the worth of your case and what you could expect to recover based on the facts of the accident and injuries.
Do I Need an Accident Lawyer or Law Firm for My Case?
You may not necessarily need the help of an attorney or law firm if you suffered no significant injuries and an insurance company reimburses you adequately for all of your damages. However, seeking legal advice and protecting your legal rights can be a good idea even in minor accidents and incidents.
If you suffered serious injuries or the facts of your accident are complex, or if there is a significant amount of damages at stake, hiring an attorney may be essential for getting what you need and deserve.
How Long Will it Take to Settle My Personal Injury Claim?
While it is almost impossible to know precisely how long your personal injury case could take, it is important to note that only a few cases go to trial. Most claims end with an out-of-court settlement agreement with the defendant or their insurance company. However, there are some factors that could result in your personal injury case going to trial, such as:
- Significant injuries and damages
- The facts of the accident are disputed
- Liability is unclear
- There are several defendants
- An insurance company refuses to agree to a fair settlement
Hiring a personal injury attorney can signal to the defendant and their insurance company that you are determined to recover your due, which could lead to a fair settlement offer earlier on in the process.
How Does a Pre-Existing Injury Affect My Case?
A pre-existing injury is generally excluded from compensation unless the accident aggravated the condition. In this case, a victim could be entitled to damages for any additional medical costs arising from an accident.
If a victim suffered worse injuries due to having pre-existing conditions, the defendant is still liable for the resulting damages. This is known as “take your victim as you find them” or the “eggshell rule” in personal injury law.
An example would be a person with brittle bone disease suffering from multiple fractures in a minor accident. The negligent party can still be held responsible for the victim’s damages even if a healthy individual would not have suffered the same injuries.
Who Pays for My Medical Bills After an Accident?
Recovering a personal injury settlement can help with all your bills and expenses after an accident. However, it can potentially take months or years before you hold a settlement check in your hands. In the meantime, medical bills keep coming in, and you might be wondering how to deal with them. Unfortunately, even if you suffered injuries in an accident that was caused by someone else, you will be responsible for your medical bills in the first instance.
Generally, this means injured victims must turn to their own private health insurance, Medicare, or Medicaid to help with healthcare costs. Since Florida is a no-fault state, you may also turn to your personal injury protection insurance (PIP), which generally covers medical bills up to a limit. However, if you suffered catastrophic or disabling injuries in an accident, your PIP insurance ceiling will max out relatively quickly.
If your medical expenses far exceed your PIP insurance coverage, filing a personal injury case can be essential for recovering healthcare costs, including health insurance deductibles. You will still be responsible for paying your own medical costs while waiting for a resolution of your lawsuit. However, a settlement should reimburse you for all the losses and, importantly, pay for future medical expenses.
Harrell & Harrell Can Help
A serious accident can turn your entire life upside down. If you or a loved one became the victim of another party’s negligence or recklessness, you do not need to struggle with getting justice on your own.
If you are unsure if you have a personal injury case, we offer zero-obligation, personal consultations to help you determine whether a personal injury lawsuit should be your next step. Personal injury lawsuits can help people just like you. Rest assured that we are committed to helping those in need of relief from the financial and physical stress of an injury. We are here to help you seek fair compensation and ensure the legal system works for you. You only pay if and when we win.
Our dedicated personal injury lawyers at Harrell & Harrell can analyze the facts of your case and fight for the settlement you need to put your life back together. Get started now, contact us to schedule a free consultation to learn about your legal rights: (904) 251-1111.