Tampa, FL Personal Injury FAQs
When you’re the victim of a personal injury accident, you need answers. Here are the FAQs that our Tampa personal injury attorneys want you to know.
What is personal injury?
A personal injury is when someone gets hurt because of the wrongful actions of others. The injury may be an accident, or it may occur intentionally. It occurs when a party fails to use reasonable care and caution that an ordinary person should use in the same situation. A personal injury gives the victim a legal cause of action to claim compensation from the party or parties responsible for their injuries.
What is a personal injury claim?
A personal injury claim is a legal action that demands compensation on behalf of a victim. It is a civil legal action that the victim initiates on their own behalf. The defendant must respond. Then, the legal process begins to build evidence in the case. Most personal injury claims end with a settlement. However, the victim has a right to a trial in order to demand adequate compensation for their injuries.
How are personal injury settlements paid out?
Personal injury settlements are generally paid out in the form of a check from the responsible party to the victim or their attorney. However, there may be an insurance company that makes the payment. The parties may agree to structure the settlement to cover long-term expenses or in trust for the protection of a minor. In addition, there may be a lien on the settlement for payment of medical bills.
Where are personal injury cases filed in Tampa, Florida?
Personal injury cases in Tampa, Florida, are filed in the Hillsborough County District Court or the 13th Circuit Court. If the claim is for less than $30,000, it originates in the county district court. If the case is worth $30,000 or more, file it in the circuit court. If you are outside of Hillsborough County, you file it in your county court or the appropriate circuit court.
What are the sources of personal injury law in Tampa, Florida?
Personal injury laws in Tampa, Florida, come from the following sources:
Laws for a Tampa personal injury case come from a variety of sources. Some laws apply to all cases. However, there are also unique issues that may be critical to a specific case. It’s important to identify the laws and rules that apply to the case in order to advocate effectively for a victim.
How long does a personal injury lawsuit take?
How long a personal injury claim takes can vary. A personal injury lawsuit takes anywhere from several weeks to 18 months or more. In a simple case, injuries are temporary and easy to value. Legal fault is apparent. This kind of case lasts only until the parties can process the paperwork, which may still be several weeks.
A case with complex injuries, significant pain and suffering or questions of fault may take 18 months or even longer. In this time, your attorney builds the strength of your case, values long-term damages and prepares your legal strategy. Ultimately, this preparation can put you in a strong position to reach a settlement.
The time it takes to settle a personal injury case is not indicative of the case’s strength. Once a case ends, it cannot be reopened if circumstances change in the future. For this reason, thorough work is needed upfront to ensure that a victim receives justice for their damages.
Will my personal injury case go to trial?
Most personal injury cases do not go to trial. With careful preparation and discovery of evidence, you can determine the approximate value of the case. The other side can realistically value the case, too. Most of the time, there is a meeting of the minds where the parties can reach a settlement. However, it’s up to you to choose whether to take a settlement or go to trial. You have the right to demand a jury trial.
What is personal injury protection?
Personal injury protection is a form of car insurance that pays a person in a car accident regardless of who is at fault. It is insurance that a driver takes out for themselves. Then, if an accident occurs, personal injury protection pays the driver up to the policy limit.
The driver doesn’t have to prove who is at fault. Plus, they don’t have to prove that the other driver doesn’t have insurance. Personal injury protection is a form of car accident insurance that protects a victim regardless of fault.
Do I need a personal injury lawyer in Tampa?
You need a Tampa personal injury lawyer if you have significant injuries from an accident. An attorney creates an informed legal strategy that’s crafted for your success. They can tailor your case to your individual goals and take steps to keep the litigation moving quickly. Ultimately, they are your guide to managing the case from start to finish and ensuring that you get the justice you deserve.
How do I find a personal injury lawyer in Tampa?
To find a personal injury lawyer in Tampa, contact them for a consultation about your case. You explain what happened and why you need help. They explain the law and answer your questions. They tell you about the legal process and what they do when they represent you.
If you want to work with the attorney, you sign a written agreement that clearly explains contingency fees and how representation works. Don’t be afraid to ask questions when you meet with a personal injury lawyer for the first time! You should be comfortable with your legal team and how they will represent you throughout your case.
Do your Tampa personal injury attorneys offer free consultations?
Yes, our Tampa personal injury attorneys offer free consultations! If you’ve been injured in an accident, contact our friendly and professional legal team today. We’re ready to help you get the compensation you deserve.