Find a Skilled Florida Personal Injury Lawyer
Personal injuries come in many shapes and forms, ranging in severity from very minor to catastrophic or fatal. Whether a person has sustained injuries in a car accident, suffered due to medical malpractice or been injured by a workplace hazard, the pain, suffering, and financial cost can be debilitating and life-altering. No matter how an injury happens, if someone else is to blame, victims have the right to hold the negligent party accountable.
At Parker Waichman LLP, our staff of top personal injury lawyers in Florida work hard to provide injured individuals with the legal representation they both need and deserve. Each Florida personal injury lawyer focuses on the client’s best interests, not the best interests of the law firm or an insurance company. The legal team at Parker Waichman is ready to fight to help you receive the full amount of compensation possible for your injuries and suffering. Call today for a free consultation with one of our Florida personal injury attorneys to see how we can help you.
What Types of Cases Can a Florida Personal Injury Lawyer Help With?
Florida residents suffer debilitating injuries and wrongful deaths every day from many types of catastrophic accidents and negligent conduct. Our experienced Florida injury and accident lawyers are capable of handling a variety of personal injury and wrongful death cases, including:
- Car accidents
- Trucking accidents
- Medical malpractice
- Nursing home abuse and neglect
- Defective drugs and medical devices
- Workplace accidents
- Defective products
When you work with a Parker Waichman personal injury lawyer in Orlando, Florida, or anywhere else in the state, we’ll examine the unique circumstances of your case and establish whose negligence was to blame for your injuries. Then, we’ll fight to get you the compensation you deserve.
Florida Car Accident Lawsuits and Settlements
Car accidents are a fact of life for Floridians. With such a populous state, car accidents are going to happen. But while some accidents are minor fender-benders, other accidents involving personal injury in Florida are catastrophic. At Parker Waichman, our Florida car accident attorneys represent clients who have been injured or killed in car accidents with a variety of causes, including:
- Inattentive driving (such as texting, talking on the phone or using Facebook, Instagram, and other social media apps while driving)
- Driving under the influence of alcohol or drugs
- Running a red light or failing to stop at a stop sign
- Failure to yield
- Unsafe lane change
- Following too closely
- Driving while drowsy or falling asleep at the wheel
Insurance companies often fight to limit the amount of compensation an injured person may be entitled to, but Florida car accident attorneys can fight back on your behalf to get you the compensation you deserve. When accidents happen, our Florida personal injury attorneys enlist the help of accident reconstruction experts and analyze the available evidence (such as accident reports and witness statements) to determine why an accident happened and who is to blame. We also call in medical experts to assess the severity of a victim’s injuries and their causes.
Florida Truck Accident Lawsuits and Settlements
Tractor trailer accidents can result in much worse damage than is seen in a typical car accident. A tractor trailer can weigh up to 80,000 pounds, and a collision with one can lead to permanent injuries and death. Many truck accidents share the same causes as car accidents, but there are also other factors to consider when evaluating a truck accident.
Both Florida and federal law have particular requirements that tractor trailers must follow, especially when transporting goods across state lines. Because of the stringent regulations placed on tractor trailers, truck accidents are often investigated by the National Highway Traffic Safety Administration (NHTSA). The NHTSA evaluates potential causes of a truck accident and whether any regulatory violations may have contributed to the accident.
An NHTSA investigation will look at the same factors that a personal injury and wrongful death attorney evaluates when determining the cause of a truck accident. Most investigations will focus on the truck driver initially to determine if they were at fault in any way. In some cases, it may not be the driver who has committed wrongdoing but the trucking company that employs him.
Factors considered when evaluating a truck accident include:
- The truck driver’s physical and mental fitness
- The weight of the truck and whether the truck was overloaded
- Whether the truck driver has a history of substance abuse
- Whether the truck driver was drowsy at the time of the accident, fell asleep at the wheel, and/or violated any anti-fatigue regulations
- The truck driver’s driving history
- Whether the truck complied with safety and maintenance rules
- Whether the truck exceeded the maximum length and weight allowed
- Whether the truck driver was talking on the phone, texting or otherwise distracted at the time of the accident
As with car accidents, the Florida truck accident attorneys at Parker Waichman use accident reconstruction experts to evaluate the cause of a truck accident as well as medical experts to evaluate a person’s injuries and how those injuries were caused.
Florida Medical Malpractice Lawsuits and Settlements
Medical malpractice is conduct by a medical profession that’s deemed to be negligent and below the standard of care. Just like auto accidents, medical malpractice happens in many different ways, and no two cases of medical malpractice are exactly alike. A medical professional has a heightened duty of care to patients, and their conduct is measured by considering what a reasonable medical professional would do in a particular situation. For example, a reasonable and prudent doctor would not operate on the wrong leg; if a person lost their leg because of this type of mistake, their doctor should be held accountable for falling below the standard of care and causing a person to suffer harm.
At Parker Waichman, our Florida medical malpractice attorneys represent clients who have been injured or killed because of acts of medical negligence such as:
- Birth injuries
- Medication errors (such as prescribing a medication a patient is allergic to, prescribing the wrong dose of medication or prescribing a medication that interacts with other medications the patient is taking)
- Failure to order necessary diagnostic tests
- Surgical errors
- Failure to document accurate information in a patient’s medical records
- Nursing errors
- Failure to promptly treat a patient in distress
- Anesthesia errors
- Emergency room errors
We all rely on medical professionals for necessary treatment, and while a vast majority of medical professionals do not intend to harm patients, mistakes happen that can change a patient’s life forever. Regardless of their intent, medical professionals who cause a patient to suffer injury or death should be held accountable for falling below the standard of care. After all, if negligent medical professionals are not held responsible, the same types of medical errors may continue to happen. The Florida medical malpractice attorneys at Parker Waichman stand ready to help victims of medical negligence.
Florida Nursing Home Abuse and Neglect Lawsuits and Settlements
Nursing homes should be a place for ill patients in need of around-the-clock medical care to feel comfortable and cared for. Instead, nursing homes have come to be feared by both patients and loved ones, many of whom have witnessed a patient’s suffering firsthand. Nursing homes are notoriously understaffed and underfunded, and the goal of many nursing homes is to make money, not to provide compassionate care for patients. Because of this, many nursing home patients experience abuse, neglect or medical negligence. Injuries sustained by nursing home patients can include:
- Falls that result in broken bones
- Infections resulting from an unsanitary environment and the nursing home staff’s failure to assist patients with bathing
- Medical conditions resulting from a failure to properly administer medication
- Physical, sexual or emotional abuse
Until the nursing home industry improves, patients will continue to suffer at a time when they should be enjoying their later years. When you seek help from Parker Waichman, a personal injury lawyer in Florida who specializes in nursing home abuse and neglect will work diligently to help you hold nursing homes and their staff members responsible for their wrongdoing.
Time Is Limited to File a Personal Injury Lawsuit in Florida
It’s important to not put off consulting a Florida injury law firm about your case because there are time limits governing how long a person has to file a lawsuit in Florida. The state has the following statutes of limitations dealing with injuries:
Personal Injury: Four Years With Discovery Rule
This statute of limitations applies to injuries sustained due to acts of negligence other than medical malpractice, such as an auto accident, trip and fall accident or dog bite injury. Injured people have four years from the date of the negligent act to file a lawsuit.
The discovery rule allows the clock on the statute of limitations to begin on the date an injury victim discovered that their injuries were caused by another’s negligence. However, it is important not to rely on this discovery rule, as it may not apply in every situation.
Medical Malpractice: Two Years With Discovery Rule (Four Years Maximum)
With medical malpractice, a person has two years from the date they knew or should have understood that their injury was caused by medical malpractice. However, even with the discovery rule, an injured person cannot file a lawsuit if it has been more than four years since the date of the act of negligence.
Wrongful Death: Two Years From the Date of Death
This statute of limitations is the strictest: A person’s estate must file a wrongful death lawsuit no later than two years from the date of death if the person’s death was caused by negligence, whether the death involved an auto accident, medical malpractice or nursing home abuse or neglect.
Since every situation is different, it’s important to rely on a qualified attorney’s professional judgment as to how the statute of limitations will apply to a particular personal injury, medical malpractice or wrongful death case. Injury victims should speak with a Florida accident attorney immediately if they believe that they have a potential legal claim in order to protect their rights.
How Do I Know if I Have Grounds to File a Florida Personal Injury Lawsuit?
The only way to know whether you have a valid personal injury claim is to discuss the situation with an attorney. For injury victims in Florida, accident law help is just a phone call away, and consultations with our experienced attorneys are always free. There’s nothing to lose by seeking the guidance of an attorney who can quickly determine if an act of negligence caused someone’s injuries: Call our skilled Florida injury and accident lawyers today.
The Steps of a Florida Personal Injury Case: What You Should Know
Every personal injury, medical malpractice, and wrongful death case is a little different, but the overall process from start to finish is similar:
- Free Consultation: The process will start when the injured person speaks with an attorney about the circumstances of their case.
- Case Review: An attorney will evaluate the information obtained in the consultation and determine whether the injured person has a potential legal claim.
- Evaluation of Injuries: If an attorney believes that an injured person has a potential legal claim, the attorney will then evaluate how serious the injuries are and begin to link the injuries to an accident or act of negligence.
- Filing the Lawsuit: Depending on the type of accident and the injuries suffered, an attorney may try to work directly with an insurance company before filing a lawsuit. However, if the matter cannot be resolved by negotiation, an injured person may proceed with filing a lawsuit in court.
- Discovery: After a lawsuit is filed, the parties must exchange information, such as medical records, accident reports, and any other documents that support or refute a legal claim.
- Trial or Settlement: After the discovery stage, the case may settle or go to trial. If a settlement is offered, it’s up to the client whether to accept it or proceed to trial.
How Can a Florida Personal Injury Attorney Help Me?
If you’re looking for the best accident lawyer in Florida, rest assured that when you hire Parker Waichman, you’ll be able to work with some of the top personal injury lawyers in the state. We’ll go to work investigating your case and advocate on your behalf for the maximum amount of compensation possible, including every medical bill related to your injuries and the full financial impact of these injuries on your life and livelihood. Our Florida personal injury attorneys will fight for every penny you deserve.
Frequently Asked Questions About Florida Personal Injury Lawsuits and Settlements
How Long Does the Entire Process Take After Filing a Lawsuit?
Litigation can be a very long process, and depending on how complex the situation is, it could take anywhere from less than a year to three years or longer to finish the entire process. However, because all cases are different, it’s difficult to estimate when a particular case may be resolved.
What Are the Chances That I Will Receive Compensation for My Injuries?
It’s impossible to guess whether one client will receive compensation or not. The only way to find out is to move forward and investigate whether a person’s injuries were sustained because of someone else. If a person’s injuries are clearly linked to another person’s actions, they are more likely to receive compensation.
Can You Sue for Pain and Suffering in Florida?
Plaintiffs may be able to sue for pain and suffering in Florida, as it is a broad term that encompasses damages caused by the injury that are non-economic in nature. Since pain and suffering cannot be easily proven or quantified, there must also be a physical injury in most cases. Pain and suffering can be included when any of the following occur:
- Significant or permanent loss of a bodily function
- Permanent disability
- Permanent scarring or disfigurement
- Loss of life
How Is Pain and Suffering Calculated in Florida?
Florida lawyers often use one of the most common ways to determine the value of pain and suffering, this practice is known as the “multiplier method.” The method states that the economic damages are multiplied by a number, usually between 1 and 5, that is chosen based on the severity of the injury.
How Long Do You Have to File a Personal Injury Claim in Florida?
The Florida statute of limitations for personal injury claims is set at four years from the date the accident occurred. There are exceptions to this, but overall, any personal injury attorney in Florida will suggest to file claims sooner rather than later.
Do I Have to Work Directly With My Insurance Company After Being Involved in an Accident?
No. Insurance companies can be difficult to work with, and an injured person does not have to speak directly to their insurance company. Instead, an injured person can allow Florida personal injury lawyers to handle the matter and ensure that the insurance company doesn’t take advantage of them.
What if More Than One Person or Party Is at Fault for My Injuries?
In such cases, the Florida accident lawyer you work with will evaluate the proportion of fault to determine to what extent others should be held responsible for your injuries.
Why Work With
When you’re looking for “Florida personal injury lawyers near me,” you can rest assured that as a leading Florida personal injury law firm in the United States, Parker Waichman has extensive experience handling the most catastrophic and challenging cases from all over Florida and beyond. Our Florida personal injury attorneys have gained national recognition for their efforts, and our firm is one of the few to have recovered more than $2 billion in settlements and jury awards for clients. Our tenacious legal representation has also earned us accolades from our peers, including:
- An AVVO rating of 9.8/10
- A peer review rating of “AV Preeminent” from Martindale-Hubbell
- A listing in Best Lawyers
- A rating of “5 Dragons” in Lawdragon’s peer review
The Florida personal injury attorneys at Parker Waichman believe that every injury victim deserves to have a skilled attorney advocating for their rights and interests, and we fight tirelessly for each client to get them the results they deserve.
Contact Us for Your Free Consultation Today
Our accident and injury attorneys in Florida offer legal representation to individuals in and around Fort Myers, Cape Coral, Naples, Bonita Springs, Immokalee, and Marco Island, and we stand ready to help you understand and employ your legal rights. If you’ve been injured through no fault of your own, choose the best personal injury lawyer in Florida to handle your case. Call Parker Waichman today at 1-800-YOUR-LAWYER (1-800-968-7529) to schedule a free consultation, available in English or Spanish, and speak with an attorney who can help you understand your legal options and seek justice.
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