Personal Injury Lawyers Jacksonville, FL

Most often, the people around us pay close attention to their duty of care to make sure that they avoid accidents and injuring others; unfortunately, this is not always the case. When someone disregards this duty of care and causes an accident, the victims in this accident are often entitled to compensatory damages to repay them for the losses and costs of this terrible experience. If you have been hurt in an accident that someone else caused due to negligent or reckless behavior, then you, too, may be entitled to compensation.

Contact 1-800-Injured To Connect With a Personal Injury Lawyer in Jacksonville as soon as possible. Trying to find an attorney who is available and willing to take your case is a stressful and overwhelming process, especially in the days and weeks after suffering serious injuries. Instead of taking on the additional stress, connect with an attorney with ease. 1-800-Injured is an attorney and medical referral service.

What Makes a Personal Injury Case?

As you can imagine by the many unique types of interactions people have each day, there is no way to simply list all types of accidents that count as personal injury cases. Instead, there are a few basic criteria that must be met in order for the accident to be covered by tort law, and therefore entitle the victim to seek compensation from the responsible party. They are:

• The defendant had a duty of care
• The defendant failed their duty of care
• This failure caused an accident
• The accident caused measurable damages to victims

A real-life example of a personal injury, using these important points, is as follows: When a person gets a driver’s license, they are accepting responsibility for obeying all applicable laws in order to maintain safety on the roads. When someone chooses to drive drunk, they disregard this duty of care. If they are driving drunk and cause an accident, and someone is injured in the accident, then they have introduced a situation that is covered by tort law, and the victim is entitled to seek compensation for their damages.

It is important to remember that all of these factors must be present, though. A drunk driver who is arrested for DUI/OUI but does not cause an accident has committed a crime, but no personal injury has occurred, much like a drunk driver who runs over a mailbox is only guilty of property damage.

Common Types of Personal Injury Cases

No two accidents are alike, meaning that no two personal injury cases are alike, either. However, there are some common types of cases that result from common accidents, some of which we have provided examples of below.

Car Accidents

In 2018, Duval County had a total of 24,212 reported car accidents, which resulted in 143 fatalities and 13,858 injuries. As you can imagine, most of these accidents had someone who was responsible for the crash, and someone who was a victim of the crash, meaning that many of these accidents resulted in insurance claims filed by the victims. In all of Florida, there were a total of 403,626 reported crashes in 2018. What this shows, beyond the actual crash statistics, is that insurance companies have a LOT of practice settling claims each year, meaning that you are going up against a highly experienced team of professionals who are focused entirely on paying you as little as possible.

Motorcycle Accidents

Duval County had 435 motorcycle accidents in 2018, out of a total of 9,143 motorcycle accidents across the state. Motorcycle accidents are unique in that the motorcycle riders typically suffer far greater damages than those in the other vehicle involved in the accident, due to the fact that motorcycle riders are not protected by the frame of the vehicle, airbags, safety restraints, or any other of the safety devices that a car has. In addition, motorcycles are at greater risk of accidents to begin with (especially in Florida), meaning that the likelihood of an accident is higher as well.

Truck Accidents

A typical long-haul truck driver will drive 100,000 miles or more each year, which means they spent significantly more time on the road than your average passenger vehicle driver or motorcycle driver. This is one of many reasons why commercial drivers are held to a much higher standard, such as a commercial driver’s license and a variety of certifications depending on the nature of the cargo that they are hauling, and the vehicle that they use. Commercial truck drivers are very responsible, but an accident with a semi-truck or an 18-wheeler can be devastating.

Slip and Fall Accidents

When you visit someone else’s property, whether it is someone else’s private residence, a government building, a shopping mall, or a supermarket, you have every right to expect that the individual or group in charge of property management has taken the appropriate measures to provide you with a safe and hazard-free experience. However, sometimes the responsible party fails this duty and you may be injured due to an avoidable hazard such as falling over a broken stair tread, and exposed pipe, a hole in the sidewalk, or a slippery floor. These injuries are all covered under “premise liability” laws, and you may be entitled to compensation for your injuries.

Defective Products

When you purchase a product, it is expected that the manufacturers, designers, distributors, and advertisers have all taken the appropriate steps to alert you of any possible hazards, illustrate the proper usage, and ensured that there are no defects in the product that may cause harm. In most cases the products are fine, and most injuries come from user error. However, there are many instances where a user is injured due to things like design defects, false advertising, manufacturing issues, or other problems that cause an accident and the user is entitled to compensation as a result. If you are uncertain of your options in this situation, contact 1-800-Injured to connect with an attorney today.

Medical Malpractice

Seeing a doctor or another trained medical professional usually comes with the trust that the medical professional will take all necessary precautions to provide you with reasonable care in accordance with current best practices. However, there are many times when a doctor or medical professional gives a patient flawed medical advice that leads to further injuries, such as a misdiagnosis, improper treatment, or a prescription error that causes serious harm. If you have been injured as a result of your medical care, then you may be entitled to compensation in the form of a medical malpractice claim or lawsuit. To learn more, connect with an attorney through 1-800-Injured today.

Important Changes to Personal Injury Laws in Florida

In 2023, Florida introduced several major changes to its personal injury laws. These changes have a direct impact on how personal injury claims are filed and pursued in the state.

Statute of Limitations (Florida Statute § 95.11)

• What Changed: Effective March 24, 2023, the statute of limitations for general negligence-based personal injury claims was reduced from four years to two years. This means that if you are injured due to someone else’s negligence, you now have only two years from the date of the injury to file a lawsuit.
• Impact: This change accelerates the timeline for pursuing personal injury claims, requiring potential plaintiffs to act more swiftly to preserve their right to seek compensation for medical expenses, lost wages, and pain and suffering.

Modified Comparative Negligence (Florida Statute § 768.81)

• What Changed: Florida adopted a modified comparative negligence rule, also known as the “51% bar rule.” Under this new rule, if a plaintiff is found to be more than 50% at fault for their injuries, they are barred from recovering any damages. If they are 50% or less at fault, their recovery will be reduced by their percentage of fault.
• Impact: This rule makes it more challenging for plaintiffs who bear significant responsibility for their severe injuries to recover damages. It underscores the importance of gathering solid evidence to minimize the plaintiff’s percentage of fault.

No Caps on Non-Economic Damages in Medical Malpractice Cases (Florida Statute § 766.118)

• What Changed: Earlier, Florida had a cap of $500,000 on non-economic damages in medical malpractice cases. In 2023, the Florida Supreme Court removed this cap, allowing plaintiffs to seek total compensation for non-economic damages such as pain and suffering, emotional distress, and loss of consortium without any statutory limit.
• Impact: This change directly benefits plaintiffs in medical malpractice cases, allowing for potentially higher compensation for non-economic damages. A skilled and resourceful Jacksonville lawyer can fight for fair compensation for the injured victims in these cases. 

Liability in Negligent Security Claims in Florida

• What Changed: Previously, property owners were responsible for injuries resulting from inadequate security that led to assault or other intentional harm on their premises. The 2023 Tort Reform Act emphasizes the role of the individual who committed intentional harm or assault, potentially making it more challenging for injured victims to hold property owners liable in negligent security claims.
• Impact: This change places a greater burden on plaintiffs to prove that the property owner’s negligence directly contributed to their injuries. This makes it more important to work with experienced Jacksonville personal injury attorneys to establish the liability of negligent property owners or managers along with the liability of the assailant.

Admissibility of Evidence for Medical Expenses in Florida

The new law in Florida, HB 837, has changed what evidence plaintiffs can present to prove past and future medical expenses in personal injury cases. This new law aims to limit the amount of damages that can be claimed for medical expenses, making sure they are more closely tied to the actual costs incurred.

Past Medical Expenses

• Old Rule: Previously, plaintiffs could present the full amount of their medical bills as evidence, even if the bills were later reduced by insurance or other adjustments. If the plaintiff had Medicare or Medicaid, only the amounts paid by these programs could be shown as evidence.
• New Rule: Now, the evidence for past medical bills is limited to what was actually paid, no matter who paid it.
  • If the bills were paid, Only the actual amount paid can be presented as evidence.
  • If the bills are unpaid: The type of evidence depends on whether the plaintiff has health insurance:
    • If the plaintiff has health insurance but used a letter of protection (an agreement to pay medical bills after the case is resolved) or didn’t submit the bills to insurance: Evidence of what the insurance would have paid, plus the plaintiff’s share of the costs, can be presented. Also, bills for necessary medical treatment can be shown as evidence.
    • If the plaintiff has no insurance, or has Medicare or Medicaid: The amount that can be shown is based on a percentage of the Medicare or Medicaid rate:
      • 120% of the Medicare rate is allowed.
      • If Medicare doesn’t apply, 170% of the Medicaid rate can be used.

Damages for past medical expenses cannot exceed the amounts actually paid, the amounts still owed, and the reasonable amount needed for future treatment.

Future Medical Expenses

For future medical expenses, the evidence that can be presented also depends on whether the plaintiff has health insurance:

• If the plaintiff has insurance (not including Medicare or Medicaid): The amount that could be covered by insurance, plus the plaintiff’s share of the costs, can be used as evidence.
• If the plaintiff has no insurance, or has Medicare or Medicaid: The evidence will again be based on a percentage of the Medicare or Medicaid rates:
  • 120% of the Medicare rate if it applies.
  • If Medicare doesn’t apply, 170% of the Medicaid rate can be used.

These legislative updates reflect a shift toward stricter regulations. Anyone involved in a personal injury case should seek solid legal representation from a knowledgeable Jacksonville personal lawyer to protect their right to compensation.

Why Early Legal Representation from a Jacksonville Personal Injury Lawyer Matters 

Getting early legal representation from a proven Jacksonville personal injury law firm after a car accident or another accident and injury is essential for several reasons.

Insurance Companies’ Rapid Response Teams

Insurance companies may deploy rapid response investigative teams to the scene of the accident almost immediately, sometimes even before law enforcement has left. These teams are skilled in gathering evidence that benefits the insurance company, often with the goal of minimizing the compensation they will have to pay out. Without an attorney to counterbalance this early investigation, crucial evidence may be lost, and the narrative could be shaped in favor of the insurer from the start.

Building and Countering Narratives

If you delay in hiring Jacksonville personal injury lawyers, the insurers and defendants may construct a narrative that places some or all of the blame on you. Without a robust and immediate response from your attorney, this narrative might become accepted as fact, complicating your case and reducing the compensation you could recover. Early legal intervention helps in building a counter-narrative based on solid evidence, ensuring your side of the story is clearly presented.

Correcting Police Report Discrepancies

Police reports play a significant role in personal injury cases, but they can contain errors or omissions that put you at a disadvantage. If such discrepancies exist, they must be corrected swiftly to prevent them from undermining your claim. An experienced personal injury lawyer can work quickly to gather additional evidence, such as witness statements or expert analyses, to correct these errors and bolster your case.

Preservation of Evidence

Time is a critical factor in preserving accident scene evidence. Witness memories fade, physical evidence can be altered or disappear, and surveillance footage or dashcam recordings may be erased or overwritten. With early representation from an experienced legal team, accident victims can ensure that critical evidence is preserved to strengthen your personal injury claim.

Avoiding Lowball Settlement Offers

Insurance companies often pressure victims to accept lowball settlement offers soon after an accident, sometimes before the full extent of injuries or damages is known. They may also try to get you to make a recorded statement that could be used against you later. Experienced personal injury attorneys can protect you from these tactics, negotiating on your behalf and ensuring that you do not settle for less than what your case is worth.

Florida’s 51% Bar Rule

With Florida’s modified comparative negligence rule, known as the 51% bar rule, if you are found to be more than 50% at fault for the accident, you cannot recover any compensation. Defendants and their insurers will do everything possible to shift the blame onto you to avoid paying damages. Early representation from an experienced attorney is essential to gather and preserve evidence that clearly establishes the other party’s liability and protects your right to compensation.

Florida’s Statute of Limitations

Florida recently shortened the statute of limitations for personal injury cases from four years to two years. This means you have less time to file a lawsuit after motor vehicle accidents or other personal injuries. The advantage goes to the party that utilizes this time effectively to build a strong case. Delaying legal action could result in missing important deadlines, ultimately barring you from recovering any damages.

Peace of Mind

Dealing with the aftermath of a personal injury can be overwhelming, both physically and emotionally. Early legal representation allows you to focus on your recovery while your attorney handles the legal complexities of your case. Knowing that a skilled legal professional is working to protect your rights and maximize your compensation can provide the peace of mind you need during this challenging time.

How Your Chances of a Higher Settlement Increase with Seasoned Personal Injury Lawyers Jacksonville, FL on Your Side

Experience to Navigate Complex Legal Terrain

A seasoned personal injury lawyer in Jacksonville knows how insurance companies operate, including the tactics they use to minimize payouts. This knowledge allows your lawyer to anticipate and counter these tactics effectively, presenting your case in the strongest possible light. With years of practice, an experienced lawyer has developed sharp negotiation skills, knowing when to push for more and when to settle. They can accurately assess the value of your case based on past similar cases and the specifics of your situation.

Proven Record of Settlements and Verdicts

Jacksonville personal injury attorneys with a proven track record of success command respect from insurance companies and opposing counsel. When insurers see that your lawyer has achieved substantial settlements and verdicts in the past, they are more likely to take your claim seriously and offer a fair settlement to avoid a protracted legal battle. A strong history of successful outcomes also reassures personal injury clients that the lawyer will fight to maximize their compensation, whether through settlement or a personal injury lawsuit.

Trial Capabilities to Take on Powerful Defendants

While most auto accident and other personal injury claims or a wrongful death lawsuit are settled out of court, having a lawyer with formidable trial capabilities gives you a strategic advantage. Insurance companies are aware that not all lawyers are equally prepared to take a case to trial. When they know that your lawyer is fully capable of presenting a compelling case before a judge and jury, they are less likely to lowball you during negotiations.

The Benefits of Working With a Personal Injury Attorney

In many situations, you will file a claim with the responsible party’s insurance company so that they can investigate your situation before returning to you with a payment intended to compensate you for all of your damages. Sounds simple, right? Think again. When you are working with an insurance company, their primary goal is to pay you as little as possible while still managing to settle their legal obligations and resolving any possible future issues. The problem, though, is that this focus is entirely on the financial needs of the insurance company.

Frequently Asked Questions About Personal Injuries In Jacksonville FL

The following questions and answers are just a few examples of the many questions that you certainly have for an attorney, and are intended to give you a general idea of the answers that you can expect from your own situation. However, your case is extremely unique, and the answers to your own questions will be equally unique as you work with a Jacksonville personal injury attorney.