FAQ Personal Injury

The world of Florida personal injury law can be complicated and confusing, especially if you have suffered injuries yourself and are trying to determine what your options for compensation are. The team at Abercrombie P.A. has a history of experience and success with personal injury lawsuits for a variety of injuries, and will be an enormous asset for your own situation. No matter the injuries that you have suffered, we will build a case that clearly represents your situation and makes a strong argument for the damages that we are seeking, whether it is through direct negotiations with an insurance company or defendant or if it is in a full lawsuit.

Read below to find answers to some common questions regarding personal injury cases in Florida, and contact us now to get answers that are specific to your situation. We offer a free initial consultation for victims and representatives of victims to get a better understanding of how we can help, and the type of legal grounds that we will build their case on. The following answers are very general, and if you do not see something that specifically answers your question as it pertains to your own injuries, do not hesitate to contact us immediately.

What Is a Personal Injury?

A personal injury is an injury that someone has to their body during an accident, as opposed to property damage that can occur during the same accident. Not all personal injuries qualify for lawsuits or informal settlements, but if your situation meets the following requirements then you may be able to seek compensation from the responsible party:

The party who caused the accident had a reasonable responsibility to keep you (and others) safe
The party failed this duty, which led to the accident
You sustained serious injuries as a result of this accident
Your injuries have caused significant damages

If you are able to answer “yes” to these four criteria, or are unsure of how your situation relates to them, contact us now to get a better idea.

Common Types of Situations That Cause Personal Injuries

Given the fact that the four criteria above must be met to qualify for a personal injury, there are many different situations that can cause an injury that would be suitable for a lawsuit or settlement. Some of the common situations that we handle are as follows:

Car accidents
Drunk driving
Slip and Fall
Motorcycle crashes
Wrongful death
Workplace injuries
Medical malpractice
Pedestrian injuries
Defective products
Truck accidents
Uber and other ridesharing accidents

Common Types of Personal Injuries?

As you can imagine from the list above, there is an endless number of combinations that a victim can suffer. However, below are some of the more common injuries that we represent:

Broken bones and fractures
Lacerations
Whiplash
Road rash
Concussions
Traumatic brain injuries
Surgical errors
Burns
Paralysis
Neck and spine injuries

Can I File a Lawsuit For My Injuries?

If your injuries, and the situation that caused them, meets the four requirements listed under “What Is a Personal Injury,” then you may be eligible to seek compensation from the person responsible for these injuries. Contact us today for a free consultation where we will evaluate your situation and determine the most appropriate course of action.

This free consultation is an important step in deciding what you will do about your injuries, and get insight into how we can help you achieve these goals on your road to recovery.

How Much Is My Personal Injury Lawsuit Worth?

There is no set amount for a personal injury award, given the staggering amount of variables that go into determining each case. Therefore, there is no simple questionnaire that you can complete in order to get an exact idea of your own reasonable award amount. Damages are divided into compensatory and punitive damages, and it is only compensatory damages that an attorney can actually request. Punitive damages are awarded by juries in rare cases where the defendant has acted recklessly or egregiously, and should be punished for their actions in addition to compensating the victim for their actual losses. However, since your personal injury attorney will not request these types of damages, they are not factored into the expected or sought-after amount. Below are the compensatory damages that you and your attorney will actually seek:

Economic Damages

Economic damages seek compensation for measurable financial damages that the victim suffers, including things like medical bills as well as lost income. Anything that is related to the accident and injury and has a dollar amount appended to it is included in economic damages.

Non-economic Damages

Non-economic damages are intended to compensate the victim for things that do not have measurable financial impacts, but deserve compensation just the same. This includes things like pain and suffering, mental anguish, depression, sadness, loss of enjoyment, and other “intangibles” that come with a catastrophic injury.

Most commonly, non-economic damages are quantified with a “multiplier,” which is applied to the economic damages to determine a fair and reasonable amount.

Should I Accept the Offer From an Insurance Company?

If you have been dealing directly with an insurance company after an accident, under no circumstances should you accept their initial settlement offer for catastrophic injuries. Insurance companies focus primarily on protecting their own financial interests, meaning that the amount they offer is one that they have determined will minimize their losses while protecting their client.

In exchange for this settlement, you will be required to waive your rights to any future action against the insurance company or their client for anything relating to this accident, even if you have late-onset injuries or there are additional catastrophic impacts that you do not recognize until after you have settled. It is highly recommended that you consult with an attorney before accepting an offer, working through negotiations, or deciding to move to a full lawsuit in the Florida courts.

What Is a Statute of Limitations?

A statute of limitations is a legal limit to the amount of time between an injury or accident and the latest time that a victim can file a lawsuit against the party responsible for the injuries. Generally, the Florida statute of limitations for personal injuries is two years from the injury, or a year after the injury was first discovered if it is outside of that two year period.

What Is a Damage Cap?

A damage cap is a limit to the amount of damages that a victim can seek against a defendant in a personal injury lawsuit.

Does Florida Have Personal Injury Damage Caps?

Florida does not have damage caps for most personal injury cases, with the exception of medical malpractice lawsuits.

Medical malpractice lawsuits do not have damage caps for economic damages, but are capped at $500,000 per claimant for non-economic damages. In some instances, these caps may go up to $1 million, and in even fewer instances can go to $1.5 million or beyond. In these situations, your attorney will be able to provide you with the information that you need.

Keep in mind that even if your situation does not have legal damage caps, you will not be able to collect more from the defendant than they are actually able to pay. There are many different tools to ensure that victims receive fair payments, such as wage garnishment or other methods if they are unable to pay the entire award up front, but this is no guarantee that the victim will receive the entire award at all.