Tampa Personal Injury Lawyer
Auto Accidents, Workers Compensation, Wrongful Death & More
At the Barbas, Nuñez, Sanders, Butler & Hovsepian law firm in Tampa, we represent individuals injured in all types of Tampa personal injury cases. A personal injury is any physical or mental injury to a person as a result of someone else’s negligence or harmful act. Sometimes personal injury may also be referred to as bodily injury. Personal injuries can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury, contact an experienced Tampa personal injury lawyer from our firm today.
- Bicycle Accidents
- Boat Accidents
- Car Accidents
- Construction Accidents
- Defective Products
- Dog Bites
- Motorcycle Accidents
- Pedestrian Accidents
- Slip & Fall
- Social Security Disability
- Truck Accidents
- Workers’ Compensation
- Wrongful Death
Personal Injury Lawyers Serving Tampa
If you have been seriously injured in an accident it is always wise to consult with a personal injury lawyer to gain an understanding of the process and an evaluation of your potential claim. All too often individuals injured in an accident give statements to an insurance adjuster with the expectation that the adjuster is adequately protecting their interests. In reality, the adjuster is protecting the interests of the Defendant and the insurance carrier. In order to fully protect your rights and maximize your recovery, you should always consult with an lawyer as soon after your injury as possible.
At Barbas, Nuñez, Sanders, Butler & Hovsepian, we offer a free consultation, with no obligation; therefore, you have nothing to lose by consulting a personal injury lawyer in Tampa before you speak with the insurance company representative or accept any offers from the insurance company
Additionally, there are statutes of limitation which limit the amount of time you have to file claims. By consulting with an lawyer immediately following your accident, you will insure that your claim is presented within the statute of limitations.
How do I know if I have a Personal Injury claim?
Any personal injury lawyer in Tampa will tell you that there are two very important components of a personal injury claim: liability and injury/damages. To have a personal injury case, you must first be able to show that the accident was caused by the fault of someone else. In some cases, both you and the defendant may both be partially at fault for the accident. In those cases, you can still hold the Defendant responsible for his portion of fault. In addition to proving the Defendant was negligent, you must be able to show that you have been injured as a result of the Defendant’s negligence.
What if the accident is partly my fault can I still have a claim?
Even if an accident or injury was partially your fault you still may have a Claim based on the concept of Comparative Negligence. The term “comparative negligence” means that the fault of all parties is compared and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused”.
What is a Contingency Fee?
A contingency fee is the payment method used by most Tampa personal injury lawyers in personal injury cases. The fee is contingent upon your lawyer’s successful resolution of the case. The fee is calculated as a percentage of your overall monetary recovery. The client is generally responsible for the out-of-pocket costs of litigation. Contingency fees are usually one third of what you win from the case.
Most cases are settled out of court between opposing personal injury lawyers or by the insurance company. If a case does go to trial you most likely will have to appear so that your testimony can be heard.
What financial compensation might I receive in a personal injury claim?
- Medical bills
- Lost Wages, including overtime
- Pain & Suffering
- Physical Disability
- Permanent Scars
- Emotional Trauma
- Mental Anguish
- Loss of Enjoyment of Life
- Mental Disability
- Property Damage
- All out of pocket expenses (transportation charges, house cleaning, grass cutting, and others).
What is premises liability?
The term “premises liability” may be used by a personal injury lawyer to refer to accidents that occur due to the negligent maintenance, or unsafe or dangerous conditions upon property owned by someone other than the accident victim. Many states have laws that generally require landowners to maintain their property in a manner that does not cause injury to those that, for various reasons, visit the property. Often, these laws pertain to both business owners and homeowners.
In Tampa and all of Florida, property owners and business establishments have been found to have a duty to provide a safe environment for individuals on their premises. If you are injured because a property owner or a business establishment fails to provide a safe environment, you may have a right to bring a claim for various damages incurred due to your injury. In many states, these damages include pain and suffering, medical expenses and lost wages. Premises Liability cases involve injuries sustained on the property or premises of a negligent third party. These types of cases often involve slip and fall accidents, which usually occur when a defective condition, foreign substance or object causes a fall. Crucial to settlement recovery is being able to show how long the defect or substance was there, how visible it was, and how much notice the owner had of the dangerous condition before the accident.
What if I’ve been injured in an automobile accident?
When a motor vehicle is in an accident, it is important that certain action is taken, whether that accident occurred in Tampa, elsewhere in Florida, or even in another state. The name and address of the operator of each vehicle should be obtained. Additionally, the name and address of the owner of each vehicle involved should be obtained and license plate number of all vehicles should be recorded. Lastly, the name of the automobile insurance company for each vehicle should be obtained. If possible, obtain the names, addresses and telephone numbers of any witnesses to the accident. If there has been any type of injury, the police should be called to investigate the accident. The police officer will write a report which includes the details of the accident and the nature and extent of any damages and injuries. Insurance companies will require that a report of the accident be obtained before providing any benefits.
It is most important to immediately contact your own motor vehicle insurance company to report to them any property damage or personal injury. If you or a family member is injured in a motor vehicle accident, prompt medical attention should be obtained.
If you are seriously injured as a result of someone else’s negligence, you should not talk to any representative of the negligent driver or owner’s insurance company until you have sought the advice of your own personal injury lawyer.
Contact Our Tampa Personal Injury Lawyers
Most businesses and homeowners carry liability insurance to protect them in the event that someone is injured while on their property. This would include slip and fall type cases which are generally known to Tampa personal injury lawyers as premise liability cases.
The owner or possessor of a residence, land, or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises. This would include those who, as members of the public, come upon the land or enter a store or place of business to shop or do business. In such cases, the owner, company, or person occupying the premises must inspect the premises to discover any dangerous conditions and warn the invitee of dangers upon the premises. Additionally, the property owner or possessor has a duty to exercise ordinary care in maintaining his or her premises in a reasonably safe condition in order to prevent injury to persons on the property. Furthermore, owners or possessors of land or buildings must take reasonable measures after an accumulation of snow and ice to diminish the hazard of injuries to others.
Landowners may also be responsible for injuries occurring as a result of poorly maintained or poorly lit common areas of a building such as stairways, sidewalks, and halls. Likewise, homeowners may be liable for injuries which occur in their homes or yards if such injury results from a condition which presents an unreasonable risk of harm to those who have permission to be upon the premises. Those injured by a negligent owner or possessor of a premise may recover damages for their injuries, including, loss of income, medical expenses, pain and suffering, etc.
If you are injured upon someone else’s property in Tampa or anywhere in Florida, you should consult an experienced Tampa personal injury lawyer who will be able to analyze your case and the principles of law concerning premises liability. You should not give an interview to insurance adjusters of investigators hired by insurance companies until you have consulted with an lawyer.