What kind of cases do personal injury lawyers handle: Best ’24

What Personal Injury Lawyers Handle: Your Quick Guide

What kind of cases do personal injury lawyers handle? Personal injury lawyers represent victims harmed by another party’s negligence, recklessness, or intentional acts. They pursue financial compensation for physical injuries, emotional trauma, and financial losses through civil lawsuits.

Common types of personal injury cases include:

According to the National Center for Health Statistics, there are over 30 million emergency room visits for injuries in the United States each year. Many of these injuries result from someone else’s carelessness.

Personal injury law—also called tort law—exists to make victims “whole” again by providing financial compensation for medical bills, lost wages, and pain and suffering. The goal is to hold the responsible party accountable and help injured people rebuild their lives.

Whether your case involves a car accident or a slip and fall, proving a claim depends on three key elements: negligence (a failure to act with reasonable care), causation (that failure caused your injury), and damages (you suffered real harm).

As Thomas W. Carey, a board-certified civil trial lawyer since 1988, I’ve guided thousands of injury matters across Florida. The most frequent cases I handle include motor vehicle crashes, medical malpractice, and premises liability. My experience helps victims understand their legal options and make informed decisions.

The Foundation of a Claim: Understanding Negligence and Liability

At its core, personal injury law is about accountability. When someone’s carelessness harms another, our legal system provides a way for the injured party to seek financial compensation. This concept is known as legal liability, and to succeed, we must generally prove negligence.

Negligence is the failure to act with reasonable care, resulting in harm. We all have a duty to act responsibly to avoid injuring others. When someone breaches this duty, they may be deemed negligent.

To prove negligence, we must establish four key elements:

1. Duty of Care: The defendant owed a legal duty to act with reasonable care toward the plaintiff (e.g., a driver’s duty to operate their vehicle safely).
2. Breach of Duty: The defendant failed to uphold that duty, falling below the accepted standard of reasonable conduct.
3. Causation: The defendant’s breach of duty directly caused the plaintiff’s injuries.
4. Damages: The plaintiff suffered actual harm or losses as a result of the injury.

A personal injury claim is a civil lawsuit, which aims to compensate the victim, unlike a criminal case that seeks to punish the wrongdoer. Our justice system is designed to “make whole” individuals injured due to another’s actions or inactions.

Economic vs. Non-Economic Damages

“Damages” refer to the losses you’ve suffered, which fall into two categories.

Economic damages are tangible, quantifiable financial losses. Examples include:

• Medical Expenses: Past and future costs for treatment, therapy, and medical devices.
• Lost Wages: Income lost from being unable to work.
• Future Earning Capacity: Compensation for a long-term impact on your ability to earn money.
• Property Damage: Costs to repair or replace damaged property, like a vehicle.

To understand what you might be entitled to, it’s helpful to ask, “What is my Personal Injury Case Worth?“

Non-economic damages are intangible losses that compensate for the subjective impact of your injuries. Examples include:

• Pain and Suffering: Physical pain and discomfort.
• Mental and Emotional Distress: Anxiety, depression, PTSD, and other psychological impacts.
• Loss of Enjoyment of Life: Inability to participate in hobbies and daily activities.
• Loss of Consortium: Negative impact on your spousal or family relationships.

Our firm is committed to helping clients recover Compensation for Pain and Suffering in Florida, ensuring all losses are considered.

The Principle of Comparative Negligence in Florida

If both parties share fault for an accident, Florida’s pure comparative negligence system applies. This means your compensation is reduced by your percentage of blame. For example, if your damages are $100,000 but you were 20% at fault, you would receive $80,000. You can still recover damages even if you are more than 50% at fault, though your award will be significantly reduced. Understanding this principle is crucial, as it can greatly impact your recovery.

What Kind of Cases Do Personal Injury Lawyers Handle? A Comprehensive Overview

As personal injury attorneys, we handle a vast array of cases where individuals suffer harm due to others’ negligence. While the core principles are similar, each case type requires specialized knowledge. From car accidents to medical malpractice, we advocate for the injured.

Our expertise allows us to steer these complexities and ensure our clients receive the compensation they deserve.

Motor Vehicle Accidents: The Most Common PI Claims

Collisions on Florida’s roads are an unfortunate reality and a frequent reason people seek our help.

• Car Accidents: Often stemming from negligence like distracted or drunk driving, these are very common. Our Car Accident Attorneys help victims with Florida’s “no-fault” PIP system and sue at-fault drivers for serious injuries.
• Truck Accidents: Collisions with large commercial trucks are dangerous and legally complex, often involving federal regulations and multiple insurance policies. Our Truck Accident Attorneys have the experience to handle these intricate claims.
• Motorcycle Crashes: Motorcyclists are vulnerable and often suffer catastrophic injuries. Our Motorcycle Accident Attorneys work to protect their rights and fight biases.
• Pedestrian & Bicycle Incidents: Accidents involving pedestrians and cyclists are rising. Our Pedestrian Accident Attorneys advocate for these vulnerable road users.
• Drunk Driving Accidents: These egregious cases may warrant punitive damages to punish the driver’s reckless behavior. Our Drunk Driving Accident Attorneys hold intoxicated drivers accountable.
• Rideshare Accidents: Claims involving Uber and Lyft can be complex. Our Rideshare Accident Attorneys are skilled at navigating the unique insurance and liability issues.

Premises Liability: When Property Owners Are at Fault

Property owners in Florida have a duty to keep their premises reasonably safe for visitors. When they fail, and an injury occurs, they can be held liable.

• Slip and Fall / Trip and Fall: These common claims occur from hazards like wet floors, poor lighting, or broken stairs. Our Slip and Fall Attorneys work to prove the owner knew or should have known about the hazard.
• Negligent Security: Property owners may be liable for injuries from crimes like assault if they fail to provide adequate security (e.g., lighting, locks) in areas where crime is foreseeable.
• Dog Bites: Florida has a strict liability rule for dog bites, often holding owners responsible even if the dog had no prior history of aggression. Our Dog Bite Attorneys help victims of these traumatic incidents.
• Swimming Pool Accidents: Owners must ensure pools are properly secured and maintained to prevent drowning and other injuries.

Understanding What is Premises Liability? is crucial for anyone injured on another’s property.

Medical Malpractice: Holding Healthcare Professionals Accountable

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing harm. These complex cases require proving that negligence led to a significant injury or death.

What kind of cases do personal injury lawyers handle in this field? We handle a variety, including:

• Misdiagnosis or Delayed Diagnosis: Failure to correctly or timely identify a condition, leading to worsened outcomes.
• Surgical Errors: Mistakes like operating on the wrong body part or leaving instruments inside a patient.
• Emergency Room Errors: Mistakes in high-stress ERs can have severe consequences.
• Birth Injuries: Negligence during labor and delivery causing harm to the mother or newborn.
• Anesthesia Errors: Incorrect dosage or improper monitoring can lead to brain damage or death.
• Hospital Negligence: Systemic issues like understaffing or inadequate training that lead to patient harm.

Our Medical Malpractice Attorneys have the specialized knowledge to investigate these intricate cases.

Defective Products, Wrongful Death, and Other Complex Torts

Personal injury law also covers cases involving dangerous products and the tragic loss of life.

• Product Liability: Manufacturers can be held liable when a defective product causes harm. This includes manufacturing defects, design defects, or a failure to provide adequate warnings.
• Wrongful Death Claims: When negligence causes a death, surviving family members can file a wrongful death claim for financial and emotional losses. Our Wrongful Death Attorneys provide compassionate and determined representation.
• Survival Actions: This separate action can be filed on behalf of the deceased’s estate to recover damages the victim would have been entitled to had they lived.
• Other Complex Torts: We also handle sensitive cases such as child sexual abuse and nursing home abuse, advocating for victims who have suffered immense trauma.

The Role of a Personal Injury Lawyer: From Investigation to Settlement

After an accident, the physical and emotional toll is overwhelming. A personal injury lawyer acts as your dedicated advocate, managing the legal complexities so you can focus on healing. We guide you through every step, protect your rights, and work to maximize your compensation.

Many people wonder, “Why do I Need a Personal Injury Lawyer?” The answer lies in the intricate nature of these claims and the powerful insurance companies you’ll face.

What kind of cases do personal injury lawyers handle in the pre-litigation phase?

The pre-litigation phase builds the foundation of your case and is critical to its success.

• Free Consultation & Case Evaluation: We begin with a free consultation to listen to your story, assess the details, and determine if you have a viable claim.
• Evidence Gathering: We carefully gather all evidence to build a strong claim, including police reports, medical records, witness statements, photos/videos, and expert testimony. This comprehensive approach to Documenting Evidence in Personal Injury Claims is a cornerstone of our strategy. We may also use Use of Expert Witnesses to strengthen your case.

Navigating Insurance Companies and Negotiations

Dealing with insurance adjusters is frustrating, as their goal is to minimize payouts. They may use tactics to undervalue or deny your claim.

Our lawyers handle all communications with insurance companies on your behalf. We manage the paperwork and protect you from saying anything that could jeopardize your claim.

• Calculating Claim Value: We calculate the full value of your claim, including all economic and non-economic damages.
• Demand Letter: We prepare and submit a formal demand letter to the insurer, outlining the facts, evidence, and compensation sought.
• Settlement Negotiations: We negotiate fiercely to counter lowball offers and secure a fair settlement that reflects the true extent of your losses.
• Bad Faith Insurance Practices: If an insurer acts unethically, we are prepared to take legal action. We are Lawyers That Sue Insurance Companies when they fail to uphold their obligations.

The Litigation Process: When a Settlement Can’t Be Reached

While most cases settle out of court, we are always prepared to take your case to trial if a fair agreement isn’t reached.

• Filing a Lawsuit: We initiate formal legal action by filing a Personal Injury Lawsuit with the court.
• Findy Phase: Both sides exchange information through written questions (interrogatories) and sworn out-of-court testimony (depositions). Understanding The Litigation Process: Depositions is vital.
• Mediation & Arbitration: Before trial, courts often require alternative dispute resolution. In Florida, mediation is mandatory. A neutral third party facilitates settlement discussions.
• Going to Trial: If all else fails, we present your case to a judge and jury. Our board-certified trial attorneys are always prepared to fight for your rights in the courtroom.

Frequently Asked Questions about Personal Injury Cases

We understand you have many questions when facing a personal injury. Here are some common inquiries.

How much does it cost to hire a personal injury lawyer?

We operate on a contingency fee agreement, which means you pay no upfront fees. We only get paid if we win your case, with our fee being a pre-agreed percentage of the compensation we recover for you. This “no win, no fee” structure aligns our interests with yours. A free consultation allows you to discuss your case with no financial obligation and understand How Much Does it Cost to Hire a Personal Injury Attorney?.

How long do I have to file a personal injury claim in Florida?

The timeframe to file a claim is called the statute of limitations. This is a strict legal deadline, and missing it can mean losing your right to compensation entirely.

In Florida, the statute of limitations for most personal injury claims is a few years from the accident date. However, some cases, like medical malpractice or claims against the government, have shorter deadlines. It is crucial to act quickly to preserve evidence and protect your rights. Contact us as soon as possible to discuss your specific timeline.

What kind of cases do personal injury lawyers handle involving catastrophic injuries?

Catastrophic injuries are severe, life-altering, and often result in permanent disability. These injuries require extensive medical treatment and long-term care. Our Catastrophic Injury Attorneys work to secure the comprehensive compensation needed for a lifetime of care.

What kind of cases do personal injury lawyers handle that fall into this category?

• Traumatic Brain Injuries (TBI): These can cause severe cognitive, emotional, and physical impairments. Our Traumatic Brain Injury Attorneys understand the complexities of these cases.
• Spinal Cord Injuries: Damage to the spinal cord often results in paralysis (paraplegia or quadriplegia) and requires extensive rehabilitation. Our Spinal Cord Injury Attorneys advocate for victims’ ongoing needs.
• Amputations: The loss of a limb is a life-changing event requiring prosthetics, rehabilitation, and significant life adjustments.
• Severe Burns: Extensive burns can lead to permanent disfigurement, chronic pain, and psychological trauma.
• Loss of Vision or Hearing: Permanent sensory loss severely impacts an individual’s ability to work and steer the world.

These cases demand a thorough understanding of future medical costs, lost earning capacity, and the profound non-economic damages associated with lifelong care.

Why Partnering with an Experienced Attorney Matters

Navigating the aftermath of a personal injury can be a daunting journey. The legal complexities, the aggressive tactics of insurance companies, and the sheer emotional and physical toll of your injuries can feel overwhelming. This is precisely why partnering with an experienced attorney is not just beneficial—it’s often critical to securing the justice and compensation you deserve.

At Carey Leisure Carney, we pride ourselves on our Board-Certified expertise. Our attorneys are part of the top 2% in Florida, bringing over 100 years of combined experience to your case. This level of specialization means we have an in-depth understanding of Florida law, a proven track record in the courtroom, and the insight to anticipate challenges and craft effective strategies. We offer direct attorney access and personalized service, ensuring you always feel heard and supported.

When you’re injured, your focus should be on your recovery. Let us handle the legal fight. We will:

• Protect Your Rights: We ensure that deadlines are met, evidence is preserved, and your legal standing is safeguarded.
• Level the Playing Field: Insurance companies have vast resources. We stand as your advocate, ensuring their tactics don’t diminish the value of your claim.
• Maximize Your Recovery: By carefully calculating all economic and non-economic damages, we strive to secure the full and fair compensation you need for medical bills, lost wages, and pain and suffering.
• Provide Peace of Mind: Knowing that experienced professionals are handling your case allows you to concentrate on healing and rebuilding your life.

If you’ve been injured, focus on your recovery and let a skilled attorney handle the legal fight. We create a personalized legal strategy custom to your unique circumstances, ensuring every aspect of your case is handled with diligence and care. When it comes to understanding “what kind of cases do personal injury lawyers handle,” we handle them all with unparalleled dedication.

For more information about motorcycle accident services and other personal injury claims, contact us today for a free consultation.