Personal Injury Lawyer Lakeland, FL
Explains Steps of a Personal Injury Lawsuit
If you suffered a serious injury because of someone’s carelessness or negligence, you might be considering filing a lawsuit against them to recover your costs. David & Philpot, P.L. handles personal injury cases and aggressively pursues compensation on behalf of our clients. Because every injury case is different due to all of the variables involved, it’s important to discuss your circumstances with our personal injury lawyer. We offer victims a no-cost consultation with one of our experienced attorneys.
To provide you with a general overview, below is an outline of what you might experience when pursuing the recovery of your damages. Your personal injury lawyer in Lakeland, FL can provide you with more information.
First Step: Consult a Personal Injury Lawyer
To understand the extent of your legal options, it’s important to consult an experienced personal injury lawyer, such as one from David & Philpot, P.L. The first step will be to share the details of your injury so that your lawyer can determine who should be held responsible for your damages. To this end, your Lakeland, FL lawyer will need to know the following:
· Who were the other parties involved in the accident?
· What actions or inactions led up to the accident?
· How did the accident occur?
· What is the nature and severity of your injuries?
· What is your physician’s diagnosis of your injuries?
· What is your physician’s treatment plan for you?
· What is your expected recovery time from your injuries?
· What will be your estimated amount of total medical costs associated with your injury?
· Have you, or will you, lose income during your recovery period?
· How much income do you normally make when you are physically fit enough to work?
Second Step: Investigation of Your Personal Injury Case
Based on the assumption that a Lakeland, FL personal injury lawyer determined that you have a valid case in which it will be possible to recover damages, the next step is further investigation of your injury accident. It is critically important to prove who is at fault and why in order to win your case. In fact, with sufficient proof, it is very common for the insurance company to quickly offer a settlement so that they can avoid the cost and negative attention associated with a lawsuit. A fair settlement is also beneficial for the victim because they can avoid the trauma of testifying in a trial and thus reliving the accident. The other advantage of a settlement is that the plaintiff can usually receive their compensation much faster.
Third Step: Filing the Personal Injury Lawsuit
If the insurance company does not agree to a fair settlement, your personal injury lawyer may recommend proceeding in filing a lawsuit. At any point during the trial, the insurance company may return to the negotiating table at which time your lawyer from David & Philpot, P.L. will make every effort to get you the maximum amount of compensation possible. At the same time, your lawyer will aggressively pursue justice in the courtroom.
Speak to an Experienced Lakeland, FL Personal Injury Lawyer
Discuss your case with our personal injury lawyer Lakeland, FL clients rely on at David & Philpot, P.L. during a free consultation and learn more about your legal options.
When you need a personal injury lawyer Lakeland, FL offers many different firms, but there is only one like David & Philpot, P.L. For over twenty years, we have been serving Orlando and Lakeland, Florida. Our experience, combined with our zealous passion for the law, is what makes us stand out within the legal community. With our in-depth knowledge of personal injury claims and a determination to get justice, you can feel confident in our ability to protect your best interests. If you would like to talk with a Lakeland personal injury lawyer from David & Philpot, P.L., please call our office today.
Reasons Why You Might Contact a Personal Injury Lawyer in Lakeland, FL
Injuries happen all of the time. Many are an unexpected occurrence for which no one is to blame. However, some are the result of another person’s negligence or wrongdoing. In these types of incidents, you might have the right to file a claim to seek compensation. Personal injury claims are inherently complex and no two are alike. For this reason, regardless of what you read or have been told, you might consider getting advice from a personal injury lawyer Lakeland, FL trusts. At David & Philpot, P.L., we’ve handled thousands of personal injury claims that include:
- Slip and falls or trip and falls
- Dog bites
- Car accidents
- Bike accidents
- Motorcycle accidents
- Food poisoning
- Medical malpractice
- Nursing home abuse
- Construction site accidents
- Workplace injuries
- Product liability
- Pedestrian accidents
The aforementioned list is not exhaustive. If you have been injured due to the negligence of another person or party, please call a personal injury lawyer Lakeland, FL residents respect as soon as possible.
Is a Lakeland, FL personal injury lawyer necessary when filing an injury claim on behalf of an injured child?
Our personal injury lawyer at David & Philpot, PL has handled injury and wrongful death claims for many years. Cases involving children who were seriously or fatally injured in an act of reckless negligence can be complex as well emotional and draining for the victim and their loved ones. Our personal injury lawyer in Lakeland, FL has a compassionate understanding of the difficulties that families undergo when a young loved one experiences a traumatic injury in an accident. We can help you get the compensation you deserve from those responsible. Compensation in the form of a substantial settlement can make it possible to pay medical bills associated with your child’s injury, and any future medical treatment that they may need. A settlement can also compensate your family from other damages, which might include pain and suffering and in the case of a wrongful death, funeral costs as well.
Representing the Rights of the Child
Someone who is a minor cannot file a claim or lawsuit against another party without a parent or guardian who is appointed by the Court to make legal decisions on their behalf. The parent or guardian can pursue a settlement on their own, but the chance of a positive outcome is less likely than if they hire a personal injury lawyer. Our personal injury lawyer can provide an objective viewpoint from the perspective of an experienced attorney who has long represented the rights of victims. David & Philpot, PL represents injured victims of all ages, and if we represent your child you can feel confident that their best interests will take priority.
Personal Injury Claim
If your child suffered a terrible injury as a direct result of someone’s negligence, you may have grounds for filing a claim on their behalf with the help of a Lakeland, FL personal injury lawyer. The same is also true if you are the court approved guardian of a minor child (known as a ward). The claim is filed by your lawyer with the at-fault party’s insurance company or representative. The claim should include all applicable information in support of your notification that the liable party is responsible for compensating you for your and your child’s damages. Our personal injury lawyer will help you with this and make sure that all available proof is included, as well as a cost breakdown of your damages.
Wrongful Death Lawsuit
If your child passed away in an accident that would have been avoidable but for someone’s negligence or carelessness, those responsible for causing it should be held responsible. David & Philpot, PL and our personal injury lawyer in Lakeland, FL can help you with this. We can file a wrongful death lawsuit against the at-fault party. Nothing will reverse the events that resulted in this catastrophe or erase the pain you’re feeling, but a settlement can provide you with the funds to pay for residual medical bills, funeral costs, and other damages associated with your loss. Our compassionate and caring personal injury lawyer can review these details with you further when the time is right.
To find out more about how David & Philpot, PL can help you recover your damages associated with your child’s injury, contact our office to schedule a free consultation with our personal injury lawyer.
Making a Valid Claim
A lawyer can offer an opinion as to whether or not you have a valid claim. If this is true, you may be able to collect compensation through a settlement or court judgment. A personal injury claim is based upon an act of negligence. In order to hold a party liable for damages, a personal injury lawyer Lakeland, Florida can rely on has to prove four elements:
1. The party had an obligation to act reasonably toward you.
2. The party breached their obligation to you.
3. This breach of obligation caused you to experience an injury.
4. You suffered measurable damages as a result of the breach in obligation.
How much compensation you receive primarily depends on the severity of your injuries. In general, those that are serious and cause intense physical pain receive the highest settlements.
Examples of injuries may include:
- Brain or head injuries
- Internal bleeding
- Extreme bruising
- Burns
- Lacerations
- Loss of limb
- Broken bones and sprains
- Spinal cord injury
- Permanent injury
If the personal injury resulted in a wrongful death, family members may be able to file a claim on behalf of the bereaved. Claims may cover medical expenses, lost wages, pain and suffering, emotional anguish, funeral expenses, and more. Learn about What is a Demand Letter?.
Torts: The Field of Personal Injury Law
Whether you have suffered a physical injury, loss of a relationship or property, or damage to your reputation, if you want a chance at compensation, you need to contact a personal injury lawyer in Lakeland, FL. The firm of David & Philpot Personal Injury Law is dedicated to clients who have suffered physical trauma due to the negligence of others, including cases of premises and product liability.
Filing a Complaint
Your first course of action is to meet with a lawyer specializing in torts, the field of law specifically dealing with personal injury. You’ll need to provide as many details as possible about the accident, including how and when it happened, who was responsible, and how the injury occurred. Next, your personal injury lawyer in Lakeland, FL will require as much information as you can provide regarding your medical costs and other impacts on your life, such as disabilities resulting from the accident and loss of income. This will help in determining the amount to seek in economic damages — in other words, reimbursement for the costs you have incurred as a result of your injury not covered by insurance.
Other Types of Damages
Your attorney will also seek compensatory damages. In determining whether compensatory damages are warranted and what the amount should be, the court must determine three things:
- The defendant had a duty of care toward the plaintiff
- The defendant failed in said duty
- The failure resulted in the plaintiff’s injury, causing economic and personal loss
If the responsible party’s conduct was especially egregious, your lawyer may seek punitive damages. This is exactly what it sounds like: an amount of money extracted from the defendant as a punishment. Punitive damages are warranted if it can be demonstrated to the court that the defendant exhibited a total lack of concern, allowed the accident to happen for financial gain, or was inexcusably negligent by being under the influence of drugs or alcohol when they caused the accident.
Not every tort action calls for punitive damages, however; they are more common when the defendant is a manufacturer producing a dangerous product. Furthermore, Florida law limits punitive damages to three times the amount of compensatory damages up to $500,000, unless it can be proven that the defendant acted out of willful malice or for financial gain. In that case, the limit on punitive damages is $2 million.
Seeking an Injunction
In some cases, the object of an injury lawsuit is not to get damages from the defendant, but rather, to force the defendant to either take action or refrain from engaging in something. A simple example: you have a neighbor who uses toxic chemicals in his yard, creating a hazard for your family. In this case, a personal injury lawyer in Lakeland, FL could seek an injunction, or court order to cease and desist or face penalties.
Whatever your situation is, the tort attorneys at Davin & Philpot Personal Injury Law can help you in determining if you have a strong case.
What You Need To Know When Looking for a Personal Injury Lawyer
If you have suffered an injury, then you may be feeling stressed and unsure of what to do next. Having to find a lawyer on top of what you are already dealing with may feel difficult. That being said, there are steps you can take to help ensure that you are fairly compensated. By taking the time to find the right personal injury lawyer you can make sure that you are taking a step in the right direction.
1. Talk To Friends and Family
If you need a personal injury lawyer in Lakeland, FL then the first thing you should do is reach out to friends and family for a personal reference. Whether you opt for a lawyer like David & Philpot Personal Injury Law or someone else, getting the opinions of your friends and family can be a big help when it comes to finding someone that is a good fit for you. When you get a personal reference, you can more easily trust that you are getting an accurate account of how that particular lawyer operates.
2. Do Your Research
If you can’t get a reference for a personal injury lawyer in Lakeland, FL then you need to make sure that you are doing plenty of online research to make sure that you are finding the right one. By looking for lawyers like David & Philpot Personal Injury Law with good reviews and web pages that are informative, you can help make sure that you are getting the right kind of representation for your situation.
3. Get Prepared for Meetings
Along with doing your research as you seek out the best personal injury lawyer in Lakeland, FL for you, you also need to make sure that after you have selected a lawyer or lawyers that you are getting well prepared for your meetings with them.
There are many who may think it is fine just to show up to meetings and see how they go. The reality is, though, that the more prepared you are for the meeting, the more you are likely to get out of it. By writing down a list of questions and taking it with you, you can help ensure that all of your questions are answered and that you are truly getting the best lawyer for your situation.
Dealing with an injury can be difficult, especially when you need to find a lawyer, too. The good news is, though, that there are steps you can take to help ensure you get the proper representation.
If you are ready to discover if you qualify for compensation, call a personal injury lawyer Lakeland, FL families count on.
