Personal Injury Attorney in Tampa, FL

Proven Representation for Complex Personal Injury Claims

If you are a Tampa area resident, you are most likely aware of the dangerous intersection, nicknamed Malfunction Junction, where I-4 and I-275 meet in the downtown area. As careful as you may be, you could still be rear-ended when traffic comes to a sudden stop. In other cases, Tampa residents suffered needless injuries caused by negligent security issues in the city’s vast array of hotels, nightclubs, or apartment complexes.

No matter where or how your accident occurred, you may suddenly be faced with mounting medical bills, lost wages, and emotional distress. The most effective way to manage the issues you will ultimately face after being injured by someone else’s negligence is to hire a Tampa personal injury lawyer.

At Durham Law Group, our Tampa personal injury lawyers are dedicated to providing accident victims with trusted legal support when they need it most. Contact our Tampa office today to schedule a free, no-obligation consultation.

Common Types of Personal Injury Cases Our Firm Handles

Our Tampa personal injury attorneys are qualified to handle a wide variety of cases. Although the most common type of Florida injury case involves car accidents, some of the other cases our experienced attorneys handle include:

• Bicycle accidents
• Motorcycle accidents
• Negligent security claims
• Pedestrian accidents
• Premises liability claims
• Rideshare accidents
• Truck accidents
• Wrongful death

Although this is far from a comprehensive list, our Tampa injury lawyers have the legal skills and dedication needed to protect your rights and pursue compensation for the harm you have suffered. If you want to know more about the other types of cases we handle, contact our law firm to schedule a meeting with a Tampa personal injury lawyer today.

Early Actions That Can Make a Difference in Your Injury Case

Regardless of whether you have been injured in a slip and fall or truck accident, there are several critical actions that you should take to protect your well-being and right to pursue a claim. The first few moments after an accident can be chaotic, especially if the incident involves motor vehicles or if others are injured. Knowing what steps to follow can make the difference and help ease the stress that often follows an accident or serious injury.

Critical early actions include:

• Remain on the scene and check yourself and others for injuries.
• Contact 911 to report the accident. If there are injuries, request that emergency responders be dispatched to the scene.
• If you were injured on private property, such as a store, restaurant, or other business establishment, be sure to request a copy of the incident report. Police reports may be accessed through Tampa’s online portal, FLHSMV Crash Portal, Tampa.gov, or in person at the Tampa Police Headquarters for a small fee.
• Thoroughly document the incident by taking numerous photos and videos of the scene. For example, if you slipped on a wet floor that was not marked by safety placards, take pictures of the area. Evidence can quickly disappear, making it hard to prove your claim.
• Gather the contact information of any bystanders who may have witnessed the accident.
• Seek medical attention immediately, even if you do not believe you were injured. Insurers often try to point out gaps in medical care as evidence that your injuries were not that serious.
• Do not agree to speak to the negligent party’s insurance company unless you hire an experienced personal injury attorney.
• Do not post any pictures or videos of the accident on social media. Insurance companies scour social media accounts looking for statements or evidence they can use to try to deny or minimize claims.
• Seek qualified legal representation from a Tampa personal injury lawyer who will act as your advocate with the insurance provider.

The Advantages of Having a Personal Injury Attorney Handle Your Claim

No one ever expects to be injured due to someone else’s negligence. Understanding how to navigate the complexities involved with the claims process can be overwhelming, especially if you have suffered severe injuries.

Guidance on Florida’s Modified Comparative Fault Rule

Having a personal injury attorney on your side is critical due to Florida’s modified comparative fault doctrine. Under the law, if you are found to be more than 50% at fault for an accident, you are barred from seeking damages. A knowledgeable injury attorney is aware of how insurance companies try to use the state’s law to pay less than claims are worth. Your attorney has the resources to thoroughly investigate the accident and minimize any fault attributed to you.

Recovering Damages Outside Florida’s No-Fault Laws

If you were injured in a motor vehicle accident, your personal injury protection (PIP) policy will cover some of your medical bills. But, if you wish to seek additional compensation from the at-fault driver, you will have to meet the “serious injury” requirement. Insurance companies are dedicated to protecting their bottom line and will often challenge whether your injuries meet this standard. Your attorney understands the complexities involved with Florida’s no-fault laws and what it takes to prove that your injuries meet this legal standard.

Standing Up to the Insurance Company on Your Behalf

Hiring an attorney is the most effective way for the insurance company to know that you will not be easily convinced to accept a quick settlement. Generally, quick settlements benefit the insurer but do not account for future medical expenses or damages for pain and suffering. Adjusters know that personal injury lawyers are familiar with their tactics and are generally more willing to offer fair compensation.

Other Legal Services

Personal injury lawyers and their legal teams also offer several other services that allow you to focus on your recovery rather than the logistics of filing a claim. These services include:

• Gathering evidence such as accident reports, witness statements, and medical records that support your claim.
• Utilizing accident reconstructionists and expert witnesses whose testimony can help prove liability.
• Ensuring that all legal paperwork is filled out correctly and in full. Your attorney’s legal team will also make sure that all critical insurance documents are submitted promptly and meet strict deadlines. Failing to submit insurance forms promptly can lead to unnecessary delays or unneeded scrutiny that could jeopardize your case.

Skilled Advocacy In Dealing With the Insurance Company

One of the most significant advantages of hiring a personal injury attorney is that they allow you to focus on your recovery. One of their primary roles is to communicate with the insurance company. Some of the most important services that personal injury lawyers provide to clients when dealing with the insurance provider include:

Preventing Costly Verbal Mistakes

One of the first actions that many insurance adjusters take is to contact injury victims and ask them to give a “recorded statement” where they provide details of how the accident occurred. Adjusters are trained to ask highly leading questions designed to elicit inadvertent admissions of fault. An adjuster may use a simple response like “I’m doing okay” to argue that your injuries are not serious. But once you hire an injury attorney, the insurance provider is prohibited from contacting you directly. From that point, your legal representative will handle all communication with the insurer, which prevents them from trying to use your statements against you.

How Insurance Companies Push Low Settlement Offers

Insurance companies use several tactics to protect their profitability. For example, if you suffered minor injuries, the insurance adjuster may reach out and offer you a quick settlement. Although a quick settlement may feel like the easiest option, it will most likely not provide fair compensation for pain and suffering or emotional distress. Once you sign a settlement release, your claim is closed. If you need further medical care, you cannot turn to the insurance company for more money. Instead, your attorney will advise you to wait until you have reached maximum medical improvement (MMI) to ensure that you recover compensation that meets your future needs.

Fighting Back Against Insurance Delay Tactics

Insurers are well aware that the longer they wait to settle your claim, the more dire your financial situation will become. Issues such as mounting medical bills, lost wages, and emotional distress involved with dealing with a personal injury case often make accident victims feel desperate to settle their case. Insurance companies commonly use delay tactics, hoping that you will be more willing to accept a lowball offer. 

At Durham Law Group, our personal injury lawyers recognize when insurers are engaging in bad-faith delays. An attorney will work to hold the insurance provider accountable by setting strict deadlines and reminding them that, if they do not negotiate fairly, the attorney will take the case to court.

Partial Fault Does Not Automatically Prevent Financial Recovery

A common concern for many accident victims is whether they are eligible to recover compensation if they are partially at fault. Under Florida’s modified comparative fault system, accident victims can still recover compensation if they are 50% or less at fault. If an individual is determined to be 51% or greater at fault, they will be barred from seeking damages.

Under the 51% bar rule, accident victims are still eligible to pursue claims, but their percentage of fault will reduce any financial recovery they may receive. For example, suppose you are traveling down I-275 in heavy traffic. The car in front of you stops quickly, and although you also manage to stop in time, the car behind you rear-ends you. Although in most cases the rear car is found at fault, the accident investigation determined that one of your brake lights was not working, and you are 10% at fault for the accident. If you are awarded a settlement of $50,000, it would be reduced by 10%, and you would receive $45,000.

Insurers try to use Florida’s modified comparative negligence laws to their advantage by assigning accident victims a greater degree of fault to reduce or deny claims. A knowledgeable Tampa personal injury lawyer can build a compelling case that refutes the insurer’s claims, while also working to maximize your compensation.

Seeking Compensation for Medical Expenses, Lost Income, and Pain and Suffering

For personal injury victims, the most critical concern is recovering compensation for medical bills, lost wages, and pain and suffering. Florida law allows accident victims to seek economic and non-economic damages after being injured due to someone else’s negligence.

Economic Damages

Economic damages are compensation for the out-of-pocket expenses you have incurred due to injury. Examples of economic damages may include:

• Past and current medical bills
• Lost wages
• Loss of earning capacity (if you are unable to return to the same type of work you performed before being injured)
• Property damage (if applicable)

If you suffered catastrophic injuries, your attorney will most likely advocate that you receive financial compensation that covers the cost of skilled nursing care and other related expenses. Catastrophic injuries include spinal cord and traumatic brain injury, amputations, loss of vision, and significant scarring due to burn injuries.

Non-Economic Damages

Non-economic damages vary based on the unique facts and circumstances surrounding each case. Non-economic damages are meant to provide compensation for the non-financial and personal impact the injury has on your daily life and well-being. Recoverable non-economic damages often include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life (if you can no longer participate in the same activities you enjoyed before being injured)
• Permanent disfigurement and scarring

The Statute of Limitations for Florida Personal Injury Cases

If you have been injured and are considering the option of filing a claim, there are several key dates that you should be aware of. Under Florida personal injury law, accident victims generally have two years from the date of the accident to file a lawsuit.

Failing to file before the time limit expires, even by a single day, your case will most likely be permanently dismissed by the court. Once your case is dismissed, the insurance company has no legal obligation to negotiate with you, and you lose all legal recourse to pursue compensation.

Critical Deadlines for Personal Injury Claims

• General Negligence Claims: Individuals injured in car accidents, slip-and-fall accidents, and medical malpractice claims, etc., have two years from the date of injury to seek damages.
• Claims Against the Government: Florida law dictates that accident victims must file a written notice against a government entity within three years of the date of injury. If the case involves wrongful death, the time period is shortened to two years. The government entity then has 180 days to investigate and determine whether to accept or deny the claim.
• Wrongful Death: The personal representative of the victim’s estate has two years from the date of death to file a lawsuit.
• Intentional Torts: Individuals who have suffered personal injuries due to criminal acts such as assault or battery have up to four years to pursue a claim.
• Uninsured/underinsured motorist (UM) Claims: Accident victims who have been injured in a motor vehicle crash have up to five years from the accident date to file a claim.

Important Exceptions to the Statute of Limitations

There are specific, rare circumstances in which the statute of limitations clock can be “tolled” (paused). The clock may be paused if any of the following apply:

• The defendant leaves the state or conceals their identity and whereabouts to avoid being served with a lawsuit.
• The victim is a minor under 18. But parents or guardians are encouraged to file a claim within the standard timeframe.
• The injury victim is declared temporarily or permanently mentally incompetent due to a pre-existing condition or as a result of the accident.

Even though the standard two years seems like ample time to file a claim, life can easily get in the way. Evidence can easily disappear, and witnesses move away, or their memories fade. The most effective strategy is to hire a Tampa personal injury lawyer immediately so they can begin working on your case.

Important Information Families Should Know About Filing a Wrongful Death Claim

If you have tragically lost a loved one due to negligence, Florida has specific rules regarding who can file and the statute of limitations for filing a wrongful death claim.

A common misconception is that anyone in the victim’s family can file a wrongful death lawsuit. But that is not the case. Instead, only the personal representative (executor) of the deceased’s estate is permitted to file a lawsuit. The personal representative is typically named in the deceased’s will. If there is no will, the court will appoint someone, usually a surviving spouse, adult child, or parent, to act as the personal representative. If a lawsuit is filed, it is filed on behalf of the deceased’s estate, and all eligible surviving family members are entitled to damages.

Understanding Who Qualifies as a Legal Survivor

Florida law is strict as to who it considers a legal survivor. Under state law, the following qualify:

• Surviving spouse
• The deceased’s children
• The deceased’s parents
• Any blood relatives or adopted siblings who were partially or fully dependent on the deceased for support or services

It is worth emphasizing that, in wrongful death cases, Florida law defines minor children as those under age 25. This legal distinction gives young adult children a broader legal claim to damages, such as “loss of parental guidance.”

Exceptions to the Legal Survivor Rule

State law prohibits some family members from filing a wrongful death claim. Examples include unmarried partners, grandparents, aunts, uncles, or cousins. This law is enforced regardless of the relationship they shared with the deceased unless they can prove the were financially dependent on the deceased. 

Division of Compensation Between Survivors and the Estate

If you win a wrongful death lawsuit, it is vital to understand how damages are awarded. Florida law splits wrongful death damages into two separate categories: damages awarded to individual survivors and damages awarded to the estate.

Damages for Surviving Family Members

Surviving family members are generally compensated for the emotional impact they have suffered from losing their loved one. Commonly awarded damages include:

• Reimbursement for medical or funeral expenses (if paid by a survivor).
• Mental pain and suffering from emotional trauma.
• The loss of financial support and household services that the deceased would have provided.
• Loss of parental instruction and guidance for surviving children under 25.
• Loss of companionship and protection for the surviving spouse.

Damages for the Estate

Just as when anyone passes away, their estate is obligated to pay creditor claims. Damages for the estate often include:

• Lost earnings that the deceased would have earned from the date their injury occurred to the date of death.
• Loss of any financial assets and savings that the deceased would have added to their estate over their expected lifetime and left to their heirs.
• Medical and funeral expenses (if paid by the estate).

What Injury Victims Should Know About Florida Medical Malpractice

Unlike other personal injury cases, medical malpractice victims cannot file a malpractice lawsuit by simply going to a lawyer or filing paperwork at the courthouse. If you believe that you have been the victim of medical malpractice, you must first complete a mandatory “pre-suit” process.

Under the law, your personal injury attorney must hire an independent and credentialed medical expert who will be authorized to review your medical records. The medical expert must sign a sworn written affidavit confirming that your healthcare provider breached the “accepted standard of care.”

Your attorney must then formally serve the expert’s affidavit and Notice of Intent to Sue to the healthcare professional. Once the notice has been served, the state’s statute of limitations is tolled for 90 days. During the 90 days, while the medical provider’s insurance company conducts its own investigation, you cannot file a lawsuit. After the investigation has been concluded, the doctor’s insurer will respond by either proposing binding arbitration or rejecting your claim.

Having a Skilled Attorney is Essential for Medical Malpractice Claims

If you or a loved one has been injured due to medical malpractice, you must hire an attorney. Medical malpractice cases are notoriously difficult to prove, and the upfront costs of hiring medical experts can be difficult to manage without legal assistance. An attorney can also determine if the harm you have suffered qualifies as medical malpractice vs. medical negligence.

Contact Durham Law Group of Tampa Today to Get Started on Your Personal Injury Case

Regardless of whether you have been injured due to unsafe property conditions or T-boned at a busy Tampa Bay area intersection, you have the right to hold the negligent party accountable for their actions. Our Tampa injury lawyers have a proven record of helping clients pursue fair compensation for their injuries and are committed to seeking justice for the harm they have suffered.

If you have suffered an injury, our Tampa injury attorneys are ready to help. Contact the Durham Law Group today at 813-333-6250 to schedule a free initial consultation.