Accidents are a part of life, and a severe injury could happen to anyone. When it happens to you, you might be confused about where to turn or what to do.
Contact a Kissimmee personal injury lawyer at our firm right away. The experienced attorneys at Colling Gilbert Wright achieve outstanding results for people injured in accidents. Many of our clients are referred to us by other lawyers who recognize our integrity, professionalism, and skill.
Types of Claims We Handle
Our firm represents people who sustained significant injuries in accidents caused by another person, organization, company, or government agency. Our Kissimmee attorneys have experience in many areas of personal injury law. We represent people who have suffered losses due to:
- Vehicle accidents
- Injuries sustained on someone else’s property
- Medical errors
- Injuries to children
- Defective products
- Dangerous drugs
- Nursing home neglect and abuse
- Workplace accidents
In cases where another party’s conduct led to your injury or illness, we could hold them accountable and pursue financial compensation for your losses.
If you contact us immediately after the accident, we can help you get the treatment and services you require to make the most complete recovery possible. We could also work with your employer, healthcare providers, and creditors to minimize the financial pressure you experience while you are recovering.
How Does the Personal Injury Claim Process Work in Florida?
When you work with The Florida Firm, our legal team prioritizes keeping you informed of your case’s progress every step of the way. We make sure you understand the process and help you set reasonable expectations.
Investigation
When you first consult our team about a claim, they must determine whether there is evidence that another party’s negligence led to your injury. In some cases, another party’s responsibility is immediately apparent, but in others may require more effort.
In a workplace injury case, we may need to assess whether a third party had a role in your injury and could be held liable. When you have a claim against a healthcare provider, we must carefully review your medical records. Sometimes we must consult an accident reconstruction professional, engineer, or medical expert for an opinion.
Notice to Responsible Parties
When we have identified the party or parties whose conduct contributed to your injuries, we contact them or their insurance company. We describe the circumstances that led to your injury and the harm you suffered, and request a specific amount in damages. We set a deadline for them to respond and inform them that we will file a lawsuit if they miss the deadline.
Negotiations and Litigation
This letter almost always triggers negotiations. The time needed to reach an agreement depends on the evidence in your case, the complexities of proving liability, and the severity of your injuries.
Nearly every case resolves through negotiation because a settlement benefits all parties. It is faster and less expensive than taking a claim to court. However, our Kissimmee accident attorneys are highly skilled litigators, and when another party does not make a reasonable offer, and progress seems unlikely, we do not hesitate to file a lawsuit and prove your case in court.
Special Procedures in Some Types of Cases
This general pattern applies to injury cases, but there may be additional procedural hurdles. If your claim arises out of a vehicle accident, you must either exhaust your PIP coverage or have a qualifying injury before you can file a lawsuit. In a medical malpractice lawsuit, you must have a medical expert verify your claim’s validity and offer the medical professional time to review your claim before you can file a case with the court.
What to Do Immediately After an Accident in Kissimmee
The single most important step after an accident is getting prompt medical attention. A doctor’s exam soon after the incident can limit the long-term damage your injuries may cause, and ensure you know what signs and symptoms to watch out for during your recovery. A medical record generated soon after the incident is critical evidence if you bring a legal claim.
If you can safely take pictures at the scene of the incident, do so. Get the witness’s contact information. Try to say as little as possible about the accident and how you think it happened, but when you have a few moments alone, record your thoughts and recollections.
If you sustained your injuries in a vehicle accident, contact your insurance company immediately, but do not give a recorded statement to any insurance company representative. Make sure to get a copy of the police report if officers attended the scene. Regardless of the type of accident, contact a Kissimmee injury attorney as soon as you can to find out your legal rights.
Strict Time Limits Applicable to Injury Claims
Statutes of limitation are laws that define the time allowed to initiate a lawsuit after an event. Under Florida Statutes § 95.11, adults have two years to file a lawsuit seeking compensation for injuries that someone else’s negligence caused. The two-year limit applies to claims arising out of accidents, medical malpractice, and lawsuits alleging wrongful death.
Sometimes it is not immediately evident that an injury occurred. This situation can arise when someone is exposed to a toxin but does not develop cancer until years later, or when a child suffers a birth injury that is not apparent until they miss developmental milestones. You may have extra time to file a lawsuit in these cases; a qualified lawyer can verify the time limit in your specific situation.
Claims Against the Government
The state or local government could bear responsibility for some accidents. Examples of situations when a unit of government may be liable for your injuries include:
- Traffic accidents involving city buses or school buses, garbage trucks, fire trucks, or law enforcement vehicles
- Drownings and near-drownings in municipal pools, state parks, and public beaches
- Falls on government property
- Accidents caused by malfunctioning stoplights
- Elevator accidents in municipal buildings
- Accidental shootings involving law enforcement officers
Whenever an injury happens on public property or involves a public employee, you may have a claim against the government.
Florida Statute § 768.28 imposes strict notice provisions that require an injured person to notify the appropriate agency in writing within a short period after the incident. Our Kissimmee attorneys are familiar with the various state and local agencies’ rules and can file a timely notice of your personal injury claim.
Compensation for Your Injuries
When you can prove that someone else’s conduct or failure to act led directly to your injury, that party owes you compensation. You are entitled to payment for your out-of-pocket expenses and the subjective losses you endure because of the injury. The legal team at The Florida Firm has obtained numerous million-dollar settlements and verdicts for our severely injured clients.
You can obtain reimbursement for past and future medical expenses, lost wages, and any other costs you incur due to the accident. If your injury prevents you from returning to work, you are entitled to payment for your reduced capacity to earn. You can also claim damages for your emotional anguish, physical pain, disability, scarring, and lost enjoyment of life.
The law allows a court to reduce the amount you receive if you are partially at fault for your injuries. Responsible parties and their insurance companies use this law to reduce their liability. It is critical to work with an experienced Kissimmee injury attorney from our firm who can oppose attempts to shift blame onto you.
Frequently Asked Questions About Kissimmee Accident Claims
How Long Will It Take to Resolve My Claim?
If your case is factually simple and liability is not in dispute, we can often obtain a settlement within a few months. When there are disputes about fault, sparse or conflicting evidence of liability, or when you have catastrophic injuries, your case may require between one and three years to resolve.
What If I Am Partially to Blame?
Florida’s comparative negligence statute allows you to claim damages if you were partially at fault. You will be responsible for a portion of your damages equal to your percentage of fault. However, if your conduct was the primary reason for the accident, you cannot collect damages.
Contact Our Kissimmee Personal Injury Attorneys for Legal Guidance
Severe injuries can be disruptive and even life-changing. Obtaining fair compensation for the harm you suffered can be challenging if you are not represented by an experienced attorney.
Contact our firm to seek legal advice from a Kissimmee personal injury lawyer. You pay nothing until we win a settlement or verdict in your case, so schedule your free consultation today.