Going The Extra Mile For You
Do I Need a Florida Personal Injury Lawyer? Melbourne, Palm Bay, Cocoa Beach, Titusville, and Brevard County
Personal injury is the name given to the type of tort law that covers any wrong or damage done to another person. Personal Injury does not include damage done to one’s property, however it does include claims for the death of a family member as a result of someone else’s negligence. A personal injury can happen in a traffic accident, at work, from a dog bite, a boating accident, because of a faulty product or a faulty repair, because of a mistake during medical treatment, or because you slipped and fell on a wet floor. The personal injury can be physical or psychological but, to be considered actionable, it must occur due to the negligence or unreasonably unsafe actions of your employer, a manufacturer, your doctor, your landlord, or some other person or organization who owes you a duty of ordinary care.
Florida Personal Injury Laws
In most cases, to collect money in Florida after suffering a personal injury, you need to show that the other person involved:
- Had a duty not to injure you but failed to in that duty; and,
- The failure of that duty is directly related to your injuries; and,
- You suffered damages
However, the big exception to Florida personal injury laws is automobile accidents. Florida is considered a no-fault state, which means each person’s own car insurance will pay for injuries and damages resulting from an accident, no matter who was at fault. Each driver is required to carry a personal injury protection (PIP) policy, covering a minimum of $10,000 per person per crash. (**The No Fault law does not apply to Motorcycles in Florida**) Florida law does allow you to file a personal injury lawsuit after a car accident if the injuries are serious. Florida law defines serious personal injuries as those resulting in:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
- Significant and permanent scarring or disfigurement
What Kind of Damages Would an Injury Lawsuit Cover?
If you can prove another person was at fault for injuring you, you may be entitled to be compensated for your losses. A few examples of those losses include:
- Past, current, and future estimated medical expenses
- Lost wages from work, including time spent going to and from medical appointments and therapy
- Any permanent disfigurement or disability
- The cost of hiring someone to do household chores when you could not
- Your emotional distress, including any anxiety and/or depression
- Interference with your family relationships, called loss of consortium
- Any other costs that were a direct result of your injury
What if More Than One Person Is to Blame for Your Injury?
There are plenty of circumstances in which more than one person may be to blame for your injury. Florida’s joint and several liability rules set up a very structured system for dealing with more than one person at fault.
What Happens if You Are Partially at fault for Your Injury?
Florida has a comparative negligence law, which means if you are partially responsible for the incident that caused your injuries, then your potential award at trial can be reduced.
What Happens if You Are Injured by a Product?
How you prove a case against a company which produced a defective consumer produce is different from other personal injury cases in Florida. Instead of showing that the company was negligent, the company has what is called strict liability. This means the company has an absolute duty to make its products safe. If it didn’t, and the defect caused an injury that resulted in your suffering damages, you may have a case.
Why should I hire Sinclair Law Offices to handle my Personal Injury Case?
Unless you are an attorney yourself, and are familiar with tort law, you’ll be glad you hired someone who has experience and detailed knowledge of the hundreds of laws and regulations concerning accident and injury compensation. Attorney Brad Sinclair has over 30 years of experience handling all types of Personal Injury claims throughout Florida and Illinois. If you do decide to consult Sinclair Law Offices, you should contact the firm as soon after the accident as possible. This will ensure that information is still fresh in your mind and the minds of other involved parties. Also, Florida has many different Statutes of Limitations depending on the type of Personal Injury Case you have. Therefore it is critical to pursue your case in a timely manner. You should also gather as much documentation regarding your accident as you can. Make a file for items such as accident reports, insurance forms, medical bills, and personal contact information of the other people involved in the accident etc. Attorney Brad Sinclair has been serving personal injury victims in Melbourne, Palm Bay, Cocoa Beach, Titusville, and Brevard County since 1995 and has practiced in Florida since 1984. He is personally involved in every case. Sinclair Law will provide advice and guidance concerning medical professionals to help speed your recovery; and we also assist you on the back end of your case by negotiating medical related liens in an effort to maximize your settlement. For more information, contact us or call us at 321.253.4200. There are no unimportant clients or unimportant cases to Sinclair Law. We are never too busy to answer your questions. Sinclair Law — Going the extra mile for our Clients. Serving personal injury victims in Melbourne, Palm Bay, Cocoa Beach, Titusville, Rockledge, Merritt Island, Cape Canaveral and Brevard County.
Recent Settlements - We Win for You.
$625k / Motorcycle Accident / Compound Fracture leg / Brevard County, FL – 17 year old male operating a motorcycle when defendant made left turn into him, crushing his leg. This case involved minimal coverage in the amount of $25k. After extensive investigation and discovery, we were able to obtain an additional $600k due to lack of properly signed forms by two of the insurance companies.
$575k / Automobile Accident / Facial Surgery / Brevard County, FL – 29 year old male automobile driver struck commercial vehicle that made an illegal left turn. This case involved heavily contested liability. Injuries resulted in face and jaw surgery.
$800K / Motorcycle Accident / Back Surgery / Brevard Country, FL-44 year old male operating a motorcycle when defendant made a left turn directly in front of him. Insurance company heavily contested injuries and liability prior to settlement