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Sarasota Personal Injury Lawyer

Have you or a loved one experienced an accident or injury that stems from the careless behavior of another individual? At Shapiro | Delgado | Hofmann, you can make this wrong right in a Florida court of law.

With over 100 years of combined experience successfully winning personal injury cases, we’re proud of the work we do to get the maximum possible compensation for our clients.

Get in touch today with a Sarasota personal injury lawyer for your free, no-obligation personal injury case review.

What Types of Situations Constitute Personal Injury Cases?

If you were injured due to the negligent action or inaction of another person, you might be able to bring a personal injury claim or case in a court of law.

Examples of the types of situations that could constitute a basis for a personal injury case include:

As each situation is unique, it’s important to contact a trusted Sarastoa personal injury lawyer as soon as you think you may have a case.

Why File a Personal Injury Claim?

Personal injuries are costly to their victims. They cause mental, physical, emotional, and financial damages. 

Personal injury sufferers must take time off of work and life to address their physical injuries. Depending on the severity of an accident this might include a hospital stay, doctors’ appointments, surgery, rehabilitation, or any variety of care.  

The mental and emotional toll of a traumatic accident may require a victim to attend therapy or group counseling. Medication may be needed to address post-traumatic stress disorder.

All medical and psychological care is costly as is the time spent receiving it. Personal injury victims who are undergoing treatment are not at work. This can lead to unpaid monthly living expenses and excessive medical debt without any means of payment.

A successful personal injury claim can provide payment for these costs. It can also be an avenue to justice for an innocent victim. 

Personal injury claims are how negligent people, companies, and governments are held responsible for the harm they cause others. It can set an example for others and deter future bad behavior.

For those left with permanent disabilities, compensation can mean quality ongoing medical care and future financial support. 

How Common Are Injuries in Sarasota, FL?

The most current national injury data is from 2017. It ranked Florida 8.03% higher than the national average for injuries, and 13.43% higher than the national average for unintentional injuries.

When compared with the nation’s six most populous states, Florida’s injury fatalities were highest in motor vehicle accidents, falls, drowning, pedestrian accidents, and bicyclist accidents.

Any of the above accident types can give rise to a personal injury claim when they are due to the negligent actions or inactions of another person, company, or governmental entity. Sarasota follows the state’s trends when closely examined for personal injury accident injuries and fatalities with motor vehicle accidents ranked number one.

The 2020 report for Sarasota County maintained by the Florida Department of Highway Safety and Motor Vehicles cited:

  • 7,734 motor vehicle accidents in Sarasota County;
  • 54 motor vehicle accident fatalities; 
  • 200 bicycle-related accidents;
  • 134 pedestrian-related accidents; and
  • 922 hit and run accidents.

Pedestrian accidents can be deadly in Sarasota. There were 248 pedestrian fatalities in the North Port, Sarasota, Bradenton area from 2010 to 2021.  

The second leading cause of injuries across the country are falls. Every twenty minutes, an older adult dies from a fall. Sarasota County’s adult population aged 65 and older is 37%.

Slips, falls, and trips were the second most deadly workplace injury in 2021 according to the U.S. Bureau of Labor Statistics.

Statute of Limitations in Florida Personal Injury Cases

The statute of limitations in Florida for negligence is usually four years, counting backward from the date of the occurrence. There are some exceptions to this, but this is the general rule.

One important exception is if an injury from this third party caused a wrongful death in your personal injury case. In this context, the estate executors must bring a case two years from the deceased’s death date.

What is My Personal Injury Case Worth?

No two personal injury cases are the same. Every personal injury case has a unique set of circumstances and people involved. Victim’s injuries and healing times are personal as are their accident experiences.

No personal injury attorney can accurately estimate the value of a case without thoroughly reviewing a victim’s case. There are several factors that go into any compensation calculation.

These may include any of the following:

  • The type and severity of the victim’s injuries;
  • Whether the victim’s injuries are temporary or permanent;
  • If the victim is disabled;
  • If the victim can resume employment;
  • The duration of a victim’s recovery;
  • How the victim’s injuries will impact their quality of life;
  • If the victim sought immediate medical care;
  • The victim’s total economic losses;
  • The victim’s total property damage;
  • Any available insurance coverage;
  • Who the other parties are in the case; and
  • If the victim shared fault for the accident.

Generally victims who share little to no fault for their accidents can recover their total economic losses. These are any medical expenses, lost wages, and other provable costs. 

It is more difficult to prove non-economic damages or pain and suffering. These are personal losses like loss of enjoyment of life or the mental effects of disfigurement. A personal injury attorney can help place a value on these damages and explain how such losses are determined.

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How Do Economic and Non-Economic Damages Work in Personal Injury?

Economic damages refer to the monetary losses suffered by a person or entity due to another person’s or entity’s actions or failure to act. These damages may include lost profits, lost wages, medical expenses, and other costs associated with the harm suffered. The purpose of awarding economic damages is to compensate the injured party for their losses and help them return to their financial position before the harm occurs.

Non-economic damages are non-tangible damages that also stem from a personal injury claim. These damages do not have a real dollar amount, as they account for subjective matters such as pain and suffering, emotional distress, and a loss of society.

What Happens If You’re Found Liable for an Accident in Florida?

Being liable for a personal injury accident in Florida means being responsible for an accident or the conditions which caused the injuries resulting from an accident. Before a party (a person, company, or a governmental entity) can be held liable for a victim’s losses, a personal injury attorney must collect evidence to prove a party acted negligently.

When a party is negligent, they act or fail to act in a way a reasonable person would in the same situation. In doing so, they cause another person harm and some type of loss.

A personal injury attorney must prove four elements when making a case for negligence. These are duty of care, breach of duty, causation, and damages.

  • Duty of care. This is a legal duty owed by the at-fault individual to the victim. People owe one another a duty of care not to act recklessly as they perform daily tasks such as driving;
  • Breach of the duty. The at-fault individual must breach the duty of care;
  • Causation. This breach must cause the victim harm. For instance, while driving, the at-fault individual chooses to run a stop-light and broadsides the victim’s car;
  • Damages. The at-fault individual causes the victim some type of compensable loss. Damages may take any form so long as they are definable. In the car accident scenario, the victim may suffer property loss, medical bills, and pain and suffering. 

Building a strong case for negligence requires a personal injury attorney to conduct a thorough accident investigation. This includes:

  • Investigating the accident scene;
  • Identifying all liable parties;
  • Pursuing any sources of compensation;
  • Hiring expert witnesses; and
  • Filing a timely personal injury case.

Rarely do insurers agree on liability for an accident. Instead, insurance adjusters conduct their own accident investigations and use available evidence to support a case that benefits the insurance company.

Insurance adjusters may try to deny a claim or shift blame to the victim. Blame-shifting can affect a personal injury claim in Florida. 

Florida uses a system of damage recovery called pure comparative negligence. Under this system, parties to an accident can share blame for an accident.

The court will assign parties a percentage of fault for an accident up to 100%. Any monetary award the jury awards, will be reduced by a party’s assigned percentage of fault.

For example:

  • An injured party is determined to be 60% at fault for an accident;
  • That party is awarded $100,000 in damages;
  • Their award is reduced by 60% or $60,000; 
  • The injured party receives an award of $40,000.

In a pure comparative fault system, an injured party can receive damages even if they are 99% at fault for an accident.

What Does it Cost to Hire a Personal Injury Lawyer in Sarasota, FL?

Never hesitate to meet with an experienced Sarasota personal injury lawyer. Most work on a contingency fee basis meaning they only get paid when you do.

If you are concerned, schedule an initial consultation to speak with a lawyer and ask about their fee schedule. At Shapiro l Delgado l Hofmann, we offer a complimentary consultation and work on a contingency fee basis.

Meet with one of our knowledgeable lawyers to discuss your case today.

How Do I Choose The Right Lawyer For My Personal Injury Lawsuit?

First, when selecting a Sarasota personal injury lawyer, it is important to find a local attorney that has the time to sit and discuss your case with you. Second, look for attorneys with a proven track record of successful settlements and jury verdicts, like Shapiro | Delgado | Hofmann.

And finally, don’t forget that you’ll likely be working with the same lawyer for years in your personal injury case. Your personal comfort is paramount in developing a positive working relationship with your Sarasota personal injury lawyer.

The Firm of Shapiro | Delgado | Hofmann Doesn’t Rest Until Justice Is Served

Shapiro | Delgado | Hofmann has over $100 million worth of settlements and successful jury verdicts to our name. Our Sarasota personal injury lawyers are so confident we’ll win your personal injury claim that we never take a cent in compensation unless we win – guaranteed.

We want you to reach out today for your no-obligation personal injury case review. Our case reviews are always free and don’t require that you choose our firm – we just want you to get the best possible legal advice in your case. Call (941) 954-4000 today.