Helping You Recover After An Injury
As much as we may try to avoid them, sometimes an accident will happen. And if it happens to you, your life can be changed in an instant. Not only will you have to physically recover, but your finances can be impacted as well.
Our lawyers understand this, and we fight to make sure that you get the financial compensation you need to make a total recovery.
We know that the time after a crash will be difficult, and that you will be left healing and also confused or frustrated. And if your injuries were caused by someone else, it isn't fair that you should have to shoulder that financial burden on your own. We'll take the fight to them and make them pay, and we have decades of experience in doing just that. We strongly believe, getting Justice Pays.
Why Should I File A Personal Injury Lawsuit?
Filing a personal injury lawsuit is one of the only ways to go about getting yourself back on your feet after you're injured. The period of time after an accident can come with long physical recovery times, mental and emotional stress, and also financial concerns that make it harder to focus on your overall recovery.
Consider the following:
Your injuries could come with huge medical bills that will mount as you continue to be treated.
Medications, physical therapy, and other costs add up fast.
You could miss days, weeks, or even months from work. That's money that you won't earn, which could be used to pay off existing bills.
In severe injuries your ability to work normally for the rest of your life may be influenced, reducing your earning potential for good.
The financial burden can cause stress, depression, anxiety, and more.
When focused on your financial burden, it's harder to focus on the steps you need to take to reach a physical recovery. You'll be so worried about money that you can't heal as you should.
And if your accident was caused by the actions of someone else, you shouldn't be left with these burdens. Our lawyers will fight for you and make those responsible for your injuries pay. This lets you focus on your physical recovery instead of on money concerns - helping you make the total recovery you need.
What Types Of Personal Injury Lawsuits Are There?
Personal injury law covers a lot of different specific areas. However, the end goal of any lawsuit is simple - get you back to a situation you would have been in had the accident never occurred.
Some of the types of accidents and personal injury lawsuits in Florida include:
- Auto accidents
- Slip and fall premises liability accidents
- Workplace accidents
- Defective product accidents
- Trucking accidents
- Motorcycle accidents
- And more
Essentially, if you're injured in an accident that was caused by someone else, you may have the right to seek compensation through a lawsuit.
Do I Have The Right To File A Claim?
No two cases are identical, and the fact is that until you let an attorney review your case you won't know exactly what your rights are. However, there are a few basic things to understand that will help you know more about what your rights could be.
Specifically, under Florida law, those who are injured in any kind of accident that was caused by someone else could have the right to seek restitution through a personal injury case.
The law calls this 'reckless or negligent' behavior, and it can include things like:
- Drunk driving
- Texting while driving
- Speeding
- Failure to maintain a safe working environment
- Failure to correct safety issues in a public area
In short, any actions that a reasonable person would consider to be 'reckless or negligent' are often grounds for filing a personal injury lawsuit. Your attorney will explain the process to you more completely, but if you feel that your injuries were due to someone else's reckless actions, you have the right to seek compensation.
How Does A Lawyer Prove Fault In A Personal Injury Case?
It isn't always easy to prove fault in a personal injury case, and the process can involve a lot of different things.
The lawyers of Goldman Babboni Fernandez & Walsh have decades of experience in proving fault and getting our clients what they are owed.
Some of the steps that we take will include the following.
- Security camera footage
- Accident reports
- Black box data from vehicles that have it
- Witness statements
- Photos of the accident scene
- Past history of driver or property owner
- Mobile phone records
- Accident reconstructions
We will work closely with experts in various fields and that we'll compile all of the information available regarding your case. Then, we will apply it to proving that you are owed compensation.
The other side can push you around, but with us on your side you'll be able to rest assured that you'll get the most from your case and that you'll get what you deserve. No matter what type of accident you were involved in, what your injuries may be, or what your situation is at the moment, we know how to prove fault and how to show that you deserve restitution. And we don't stop until you get it.
What Is My Case Worth?
Your lawsuit should be able to provide you with the full amount of compensation needed to cover all of your expenses - past and future - related to your accident. It's impossible to make a full determination as to what your case is worth without reviewing it fully. However, there are several points that must be considered to ensure you get what you deserve.
A good, fair settlement will include:
Medical bills including all future medical bills that could arise from your injuries - medications, physical therapy, and so on
Lost wages due to missing work. This also needs to include future potential lost wages due to missing work for doctor visits, surgeries, and more.
If your ability to work as normal is impacted, you'll need to be given compensation accordingly. This involves determining what your potential earnings would have been throughout the future, and how much they have been negatively impacted.
Property damage will also be factored into many cases, providing you with the money needed to repair or replace damaged property.
If your case goes to trial, things like punitive damages or compensation for pain and suffering will also be considered and could increase your damages dramatically. These types of damages are awarded at the secretion of the jury or judge, with no established guidelines. As such, they could reach very high levels.
Each of the factors above can contribute to a personal injury settlement, and will need to be considered carefully to ensure that you get what you truly are owed. Too often, the injured accept settlements without understanding that they could have received more.
We consult with medical and financial experts and review your case entirely to develop a clear picture as to just what kind of restitution you deserve. Then, we fight to get you what you're owed. We won't let you be bullied around or accept a settlement that won't cover your expenses, and we make sure to get you the most from your injuries.
Will My Case Go To Court?
One of the key benefits of having an attorney on your side during a personal injury case is that you get the respect of the other side. Insurance companies and legal teams often try to use bullying tactics to prevent you from getting compensation.
These tactics include things like:
- Stalling
- Ignoring your attempts to contact them
- Forcing you to fill out endless paperwork
- Refusing to pay
- Offering less than you deserve
They'll also threaten you with a trial. But with an attorney on your side, it's less likely that this will occur. While there's no way to know for sure whether or not your case will go to trial, the odds are that with us fighting for you, it won't.
The reason is simple - we get the respect you deserve. The other side is more likely to stop their bullying tactics and start working towards a settlement since they are scared that a trial could end up with huge punitive damages or compensation for pain and suffering. They'd rather settle than take that risk.
But does that mean that you shouldn't accept a settlement?
After all, if you can get more money at a trial, shouldn't you do so? For many people, settling is a better option.
There are numerous reasons for this including:
- A trial can mean that it takes years to get your money
- You aren't guaranteed to receive any compensation at all in a trial
- Trial damages can be appealed. Settlements can't.
- The increased stress can make it harder to go through the days until you get your money
- Trials come with higher lawyer fees
A settlement may not include punitive damages, but our lawyers fight to make sure that you get the money you deserve and that you aren't left struggling. This way, you can get your money quicker and move on. It also helps you avoid long, drawn out legal processes that can add unneeded stress and worry to your life.
However, if a settlement can't be reached, we have absolutely no problem heading to court and fighting for our clients to get them what they deserve. We aren't afraid of a fight, and we don't back down. Whether negotiating a settlement or heading to court, we are your tireless advocate throughout this difficult period. Contact us today to find out more about what we can do for you and to let us start fighting for your money.
The lawyers of Goldman Babboni Fernandez & Walsh have the firm belief that for the injured, getting justice pays. Call Today.
