What is Personal Injury Law?

Personal injury law allows individuals who have suffered harm or injury due to the negligence or wrongful actions of another party to seek compensation. The goal of personal injury law is to make the injured party “whole” again through financial compensation and to hold the responsible party accountable for their actions.

What are Types of Personal Injury Cases?

   -Car Accidents: Injuries resulting from motor vehicle collisions.

   – Medical Malpractice: Injuries caused by medical professionals’ negligence.

   – Slip and Fall Accidents: Injuries occurring on someone else’s property due to unsafe conditions.

   – Product Liability: Injuries caused by defective or dangerous products.

   – Workplace Injuries: Injuries that occur in the course of employment, sometimes overlapping with workers’ compensation claims.

   – Wrongful Death: When an injury results in death, the deceased’s family may pursue a wrongful death claim.

What are some Key Concepts in Personal Injury Law?

Negligence

To prove negligence, the injured party must show that:

   – The defendant owed them a duty of care.

   – The defendant breached that duty.

   – The breach directly caused the injury.

   – The injury resulted in damages (financial, physical, emotional, etc.).

Damages: Compensation Awarded to the Injured Party

Economic Damages: Such as medical expenses, lost wages, and property damage.

Non-Economic Damages: Such as pain and suffering, emotional distress, and loss of enjoyment of life.  

Punitive Damages: In cases of extreme negligence or malicious conduct, the court may award punitive damages to punish the wrongdoer and deter similar behavior in the future.

Statute of Limitations

Personal injury cases are subject to time limits, known as the statute of limitations. This period varies depending on the jurisdiction and the type of injury, and if a claim is not filed within this timeframe, the injured party may lose their right to sue.

Comparative and Contributory Negligence

In some cases, the injured party may be partially at fault for their own injuries. In these situations, different legal doctrines like comparative negligence or contributory negligence will determine how much compensation, if any, the injured party can receive.

Personal injury law is designed to ensure that those who are wrongfully injured can receive fair compensation to cover their losses and that those responsible for causing harm are held accountable. The specifics of personal injury law can vary significantly between jurisdictions, so it’s important for individuals to consult with an attorney who specializes in this area when they believe they have a claim. 

What Can You Do If You Have a Personal Injury Case?

If you think you have a personal injury case you should  Consult a Personal Injury Attorney immediately. By Seeking legal advice with an experienced personal injury attorney they can evaluate your case, explain your legal rights, and help you understand what to expect during the legal process.

Consulted with an Attorney?; Here Are the Next Steps

File the Lawsuit

Your attorney will file a complaint in court, outlining your claims against the defendant (the person or entity you believe is responsible for your injuries).

Engage in the Discovery Process

During the discovery phase, both parties exchange information, documents, and evidence. This can include depositions, interrogatories (written questions), and requests for documents.

Your attorney may work with expert witnesses to strengthen your case, such as medical experts, accident reconstruction specialists, or economists.

Negotiation and Settlement

Settlement Negotiations: Many personal injury cases are settled before going to trial. Your attorney will negotiate with the defendant’s insurance company or legal team to try to reach a fair settlement.

Evaluate Offers: Carefully consider any settlement offers. Your attorney can advise you on whether an offer is fair or if you should push for a better deal or go to trial.

Go to Trial (if Necessary)

Court Proceedings: If a fair settlement cannot be reached, your case may go to trial. During the trial, both sides will present their evidence and arguments to a judge or jury, who will then decide the outcome.

Verdict and Compensation:If you win, the court will award you compensation for your damages. If you lose, you may have the option to appeal the decision.

Need to Contact a Florida Personal Injury Lawyer? 

Managing a personal injury lawsuit can be complex and requires careful attention to detail. Having a knowledgeable attorney by your side can help navigate the process, negotiate effectively, and ensure that you receive the compensation you deserve.

Robert Price is the partner managing the KBA Attorney’s Florida offices. Here are some of their recent wins. 

KBA Attorneys Celebrates Major Win for Florida Consumer Rights

KBA Attorneys recently secured a major victory for Florida consumer rights in a class action suit filed by Paula Stokes-Wilkinson and Kelsey Baird against Eglin Federal Credit Union. The case challenged the credit union’s practice of excessive overdraft fees and its attempt to insert unfair arbitration and “no class action” provisions into contracts without proper notice. The Florida 1st District Court of Appeal sided with the plaintiffs, affirming that consumers must receive reasonable notice of contract changes and upholding their right to access the courts. This decision allows the plaintiffs’ claims to proceed in trial court.

KBA Steps in to Fund Florida School for Autism’s Playground Just in Time for School

In June, thieves stole a brand new playground from the Growing Together Behavior Center (GTBC), a school for children with autism and other neurodivergent diagnoses, leaving only studs in the ground. Despite starting a GoFundMe, the school struggled to meet its fundraising goal to replace the playground before the new school year. KBA Attorneys stepped in, donating over $12,000 to ensure the playground was ready in time. KBA Partner Robert Price personally delivered the donation, which was warmly received by the school community. Thanks to the donation, GTBC students now enjoy a new, secure playground.

Consumer Protection

Consumer protection refers to the laws, regulations, and practices designed to safeguard the rights of consumers and ensure fair trade, competition, and accurate information in the marketplace. Its main purpose is to prevent businesses from engaging in unfair, deceptive, or fraudulent practices that could harm individuals who purchase goods or services.

At KBA Attorneys, we are deeply committed to protecting consumer rights. KBA Attorneys is actively handling consumer protection cases to ensure that consumers are protected and that those who violate your rights are held accountable. Our legal team is litigating consumer protection, and we are dedicated to securing fair compensation for those affected by illegal collection practices.

Florida Digestive Health Specialists Data Breach

If you’re a patient of Florida Digestive Health Specialists and your private data was exposed in a recent data breach, you could be entitled to compensation. The sensitive nature of medical information makes any breach of privacy particularly concerning. At KBA Attorneys, we are actively investigating claims related to this data breach, and we are here to help patients like you protect your rights.

Late-Night Bill Reminder or Collection Messages? 

If you’re a Florida resident who received bill reminder or collection messages between 9:00 p.m. and 8:00 a.m., you may be entitled to compensation. Under federal law, there are strict guidelines on when and how debt collectors can contact you, and messages sent outside these hours could violate your rights.

At KBA Attorneys, we are investigating potential claims related to these improper collection practices. Our experienced team understands how frustrating and disruptive late-night or early-morning collection messages can be. We are committed to ensuring that companies and collectors are held accountable for violations of your rights.