Navigating Personal Injury Claims for Minors: Legal Considerations for Parents
Navigating any personal injury case can be complicated and stressful. That can be magnified when [&h…
Our personal injury lawyers know that after an accident, the victim’s injuries can cost more than just the expense of the immediate physical injuries. Today, there are few injuries or types of accidents that our personal injury lawyers have not already represented in a personal injury claim. Talk to one of our attorneys about the details of your accident before you attempt to calculate a dollar amount for the settlement of any personal injury or accidental death claim. Contact our Jacksonville law office at 904-251-1111 or 800-251-1111 for a free, no-obligation personal injury consultation with Harrell & Harrell, P.A.
With extensive experience as a personal injury law firm, we have represented accident victims with a wide range of personal injuries, from soft-tissue or whiplash injuries to devastating paralysis from a serious head injury or spinal injury. That’s why our staff includes former nurses and why we installed an in-house medical library for our team. Good personal injury lawyers understand damages not only from the strictly physical viewpoint, but also as part of a survivor’s long-term emotional or financial future. In support of our clients’ cases, we retain the professional services of premier medical doctors for their analysis and expert testimony in personal injury claims and wrongful death cases.
As for the non-physical impact of your personal damages, we use non-medical experts such as economists who can calculate your financial losses, or a vocational rehabilitation expert who can accurately determine the costs and the impact of occupational retainment. If the injuries you received in your accident force you to train for a different job role, the availability of new jobs in that career field and the potential for your future earnings will also be included in the total amount of compensation sought in your case.
At Harrell & Harrell, P.A., we only employ the most skilled and experienced personal injury lawyers to analyze, document, calculate, and present accurate dollar amounts for the losses you may have suffered in your personal injury case or wrongful death lawsuit.
Some personal injuries have a psychological component that must be fully understood when evaluating a personal injury or wrongful death case for reparation. Independent studies have shown that the emotional financial strain of an unexpected accident—even an accident with no devastating injuries—can result in post-traumatic stress disorders. In turn, these personal injuries can lead to employment problems, higher divorce rates, estranged family relationships, and an overall failure for the accident victim to function normally in society.
Personal injury law is our firm’s only focus. For more than 40 years, we’ve helped accident victims here in Jacksonville put their financial futures back on track after suffering a catastrophic event. Today, we help clients with our comprehensive range of personal injury law practice areas, including:
Auto accidents: Car accident victims soon realize that insurance companies don’t have their best interests in mind. People who have sustained injuries in an auto accident due to someone else’s negligence have the right to seek full compensation for many types of damages, but it often requires the guidance of an experienced car accident lawyer for them to recover the compensation they deserve. We’ve handled thousands of auto accident cases for clients throughout Northeast Florida, including complex cases that involve multiple parties, drivers, and manufacturers.
Truck accidents: Accidents between passenger cars and large commercial trucks can be severe, and these cases can be particularly challenging, since the potentially negligent parties may include the truck’s driver, its owner, its manufacturer, the owner of the freight on the truck, and others. At Harrell & Harrell, P.A., we have expert truck accident lawyers who are fully versed in the federal, state, and local regulations that govern commercial trucking and who are skilled in negotiating with trucking industry insurance companies. Contact us if you have received injuries in an accident with a semi or other type of truck that you believe is due to another’s negligence.
Motorcycle accidents: Because motorcycle riders are more vulnerable in traffic, they often suffer a disproportionate number of accident injuries, with those injuries often being severe or even catastrophic. Motorcycle riders can be injured by negligent drivers who don’t see them or who are distracted, reckless, or under the influence. Motorcycle accidents are also caused by unsafe roadways or defective motorcycles. Regardless of the cause of your motorcycle crash, if you’ve been injured due to the negligence of another person or entity, the motorcycle accident lawyers at Harrell & Harrell, P.A., can help.
Wrongful death: Any loss of a loved one is devastating, but when your loss is due to someone else’s careless behavior, unreasonable act, or negligence, it can be especially challenging for survivors to accept their loss and begin to move on with their lives. A wrongful death may leave you and your family struggling to pay medical costs, funeral expenses and more as you also face the lack of income that your loved one once provided. If you believe your loved one died due to a negligent act, it’s important to consult with a wrongful death lawyer as soon as you possibly can. The circumstances surrounding the accidental death should be promptly documented to ensure that no crucial evidence is lost over time. We offer free consultations, with no obligation to you, to discuss the details of the loss of your loved one and help you determine the strength of your case.
Nursing home abuse and neglect: Nursing home abuse or neglect cases are heartbreaking for families and friends, and we take a special interest in protecting the rights of the elderly. As a community leader in advocating for patients’ rights, even assisting in the drafting of legislation and testifying before state and federal legislatures. If your loved one has been the victim of nursing home neglect or abuse, you don’t have to face insurance companies or nursing home attorneys alone. Our compassionate, experienced nursing home abuse lawyers are available for a private consultation in your home, at our office, or at the hospital.
Workers’ compensation claims: Injuries sustained at job sites can change a victim’s life, keeping him or her from being able to earn a living. If you are injured on the job, we have workers’ compensation lawyers who are ready to help. Our attorneys are experts in Florida’s workers’ compensation laws and regulatory procedures, which can be very complex. We provide a no-obligation, no-cost consultation during which we will review the details of your claim and accident, as well as any insurance company denials of the benefits you deserve.
Social Security Disability claims: For most people, it’s a challenge to navigate the Social Security Disability system. With the majority of first-time applications denied—often due to an improperly prepared claim—it’s important to have an experienced Social Security Disability lawyer by your side. If you’ve been denied your rightful disability benefits, we can assist you with the Social Security appeals process.
Premises liability: Property owners have a legal responsibility to protect those on their property from accidental injuries and criminal activity that occurs on their property. They should maintain securely locked premises, sufficient lighting, security equipment that’s in working order, and more. If you have been the victim of a crime and been injured during the commission of that crime—and reasonable steps were not taken to protect you from a foreseeable crime—you may be entitled to recover compensation for your injuries. Before you agree to or even discuss a settlement with the property owner’s insurance company, schedule a free consultation with one of our premises liability lawyers. We will help you deal with big insurance companies and work to ensure you get the compensation you deserve.
Product liability: A manufacturer is not required to produce a product that is accident-proof, but product liability law does protect users of the product when they have been injured by an unreasonably dangerous product. As experienced defective product attorneys, we understand the complexities involved in product liability cases, including product recalls. Contact Harrell & Harrell, P.A., if you believe you have been injured by a defective product.
Traumatic brain injury: The leading causes of traumatic brain injury (TBI) include slip and fall accidents, auto accidents, and being struck by or with an object. A severe TBI can change a victim’s life and the lives of his or her loved ones forever, and a victim may require lifelong medical care. We understand the emotional, physical and financial effects that even a mild TBI can have on our clients, and know how important it is for victims to have a skilled traumatic brain injury lawyer who can help them obtain compensation for medical expenses, lost wages, pain and suffering, and more.
Spinal cord injury: If you or a loved one has suffered a spinal cord injury, consult an experienced spinal cord injury lawyer once medical attention has been sought. At Harrell & Harrell, P.A., we’ve represented clients whose spine injuries resulted in costs in excess of a million dollars, including the costs of surgeries, home healthcare services, physical therapy, medications, medical equipment, home modifications and more. Contact our attorneys to schedule a free, no-obligation consultation to discuss your case.
Medical malpractice: It’s unfortunate, but even the most experienced healthcare providers, physicians or hospitals can make errors. When those mistakes are due to the failure to provide adequate treatment or follow certain standards—and when they have devastating outcomes for patients and their families—it’s critical to consult an experienced medical malpractice attorney promptly. If a lawsuit is determined to be the right course for you, your lawsuit must be filed before the statute of limitations and other restrictions apply.
Boating and watercraft accidents: Florida’s waterways are one of our state’s greatest natural assets, but jet skis, boats and other watercraft can be dangerous. Passengers and operators are at risk of serious injuries in accidents, including concussions, broken bones, traumatic brain injuries, and internal injuries. If you believe that your boating accident was the result of reckless behavior or negligence, our boating accident lawyers can help you deal with the insurance company of the person or entity that’s responsible. Contact us for a free consultation before you agree to any settlement.
Client Testimonial
“Throughout the entire process Harrell and Harrell had my best interest. They were able to get provide me and my family more than expected during the settlement process. I can say they were never difficult and I was taken care off.”
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If you’ve been injured in an accident, your choice of a personal injury attorney can make the difference between having a more secure financial future and spending years dealing with the effects of your losses on your life and your family. Before making this important decision, review these tips for choosing a good personal injury lawyer:
Determine your needs: If your case involves serious injuries, the death of a loved one, or the likelihood that multiple parties may be held liable, your needs are different than someone who has minor injuries in a straightforward accident. A complex case requires experienced trial attorneys, even if you don’t think you’ll need to go to trial. Ask potential personal injury law firms how many cases like yours they have handled and how much trial experience they have.
Do some homework: As with any important decision, take the time to do research and check with friends and family for references so that you can narrow down your list. Resist the temptation to rely on advertising alone as a way to vet potential personal injury lawyers; instead, research the firms online and visit their websites to read the profiles of individual attorneys to see what type of experience they have. You’ll also want to look for information on how long the firm has been in existence and what practice areas they focus on. Some firms handle personal injury cases if asked to do so, but personal injury may not be their main practice area. You want experts representing you that have experience not only in personal injury, but also in cases that are similar to yours.
Schedule a consultation with one of our attorneys: Take advantage of a free consultation with one of our personal injury lawyers at our Jacksonville law office. We’ll do our best to make you feel comfortable expressing all of your concerns and have ample time to ask questions. A trustworthy personal injury lawyer will be honest about the strength of your case. Keep in mind that a personal injury case can take many months to settle—we want you to feel comfortable entering what may be a long-term client-attorney relationship.
Find out who would work on your case. It’s customary for your case to be handled by a team of people at a personal injury law firm, particularly if your case and the circumstances surrounding your accident are complex. You should, however, be given a clear answer when you ask who will be doing the actual work on your personal injury case. You’ll also want to know how often you can expect to hear from your attorney and how available he or she will be to you as your case progresses. Get an understanding of this before you choose an attorney in order to avoid any misunderstandings once the firm begins work on your case.
Don’t give in to pressure. A reputable attorney will not pressure you to rush into signing a retainer agreement. You should be allowed the time necessary to make sure you thoroughly understand the retainer, any contingency fees, and any other aspect of how the attorney’s services will be paid for. At Harrell & Harrell, P.A., we work on a contingency basis, which means we only get paid if we are successful in settling your case. We will be glad to review the details of this with you in our initial free consultation.
At a high level, there are three types of injuries: bodily injuries, emotional distress, and mental health issues. Bodily injuries can include sprains, broken bones, cuts, bruises, burns, nerve damage, and so forth. Some of these may be immediately obvious after the accident while others, such as internal organ damage, whiplash, and spinal injuries may not be immediately apparent. This is one reason why quickly settling with the other party’s insurance company is not recommended. A personal injury lawyer can also pursue damages for pain and suffering, which can include emotional distress and mental health issues. Emotional issues can include anxiety, depression, fear, humiliation, insomnia and so forth. An example of a mental health challenge that can arise, post-accident, is post-traumatic stress disorder (PTSD) where the victim relives the accident over and over.
These basic requirements to file a personal injury claim must be met:
1. The responsible party was careless or negligent.
2. This carelessness or negligence led to the accident and injury.
3. This accident resulted in damages for you, such as medical bills, lost time from work/lost wages, and so forth.
The real question may be whether you’ve got a strong case. If so, then we invite you to contact us for a free consultation to discuss the specifics of your situation. Speaking to an experienced Jacksonville personal injury lawyer is the best route to determine if you’ve got a good case for a personal injury claim/lawsuit.
In the state of Florida, a resident must have a personal injury protection (PIP) policy before they can register a vehicle. When an accident occurs, PIP pays for 80 percent of medical expenses (those considered “necessary” and “reasonable”) up to $10,000. This is true no matter who is at fault for the accident. Accidents of more significance (ones that cost someone more than $10,000) and ones that include a non-resident driver can create a more complicated scenario.
Often, the full extent of injuries aren’t known until days or weeks afterwards. That’s why, even if you believe your injuries aren’t severe, it is recommended to contact a personal injury attorney after getting medical attention. That way, if what you previously thought were minor issues turn into something more significant, even life threatening—or cause you to take more time off of work than anticipated and/or come with higher medical bills—you’ve already laid the groundwork. After all, there’s no obligation and it’s completely free to book a consultation with one of our personal injury attorneys plus nothing is owed unless there’s a settlement.
Whether or not your personal injury case goes to trial will depend on its own unique situation, every case is different. The majority of personal injury claims are settled through negotiations with insurance companies with no need to go into the courtroom. Sometimes, though, an agreement that is mutually satisfactory can’t be achieved and, in those cases, the case must go to court to continue to progress. At Harrell & Harrell, P.A., our personal injury attorneys work extremely hard to get the compensation our clients deserve, whether through negotiations and a settlement or through representation in court.
Each case is unique and your personal injury lawyer can advise you on steps you should take. In general, there are pros and cons to each route. The biggest advantage of settling out of court is that all will typically happen much more quickly. Plus, you can accept or reject an offer, which gives you more control than you would have in a courtroom. There, a judge or jury will make a decision that you’d need to abide by. There are potential downsides to settlements, including that you may have been able to get more compensation if the case had been taken to court. Plus, once you’ve signed off on a settlement, you can’t seek more compensation, even if your medical condition declines.
Courtroom trials also have pros and cons. A plus is that there’s usually a greater opportunity for a larger settlement, especially if the at-fault party’s insurance company isn’t offering a fair amount of compensation. Trials, though, typically take much longer and you can invest resources into the trial with no guarantee that you’ll receive compensation. In that case, a settlement that had been offered during pretrial negotiations would have been a better outcome.
This question is at the heart of what’s known as a statute of limitation. This is a legal term that describes how much time you’ll have to file a lawsuit against someone who caused your injuries.
In Florida, the statute of limitations to file a personal injury claim is four years (it can vary by state). After that amount of time has gone by, it’s likely that a court would not hear your case, even if injuries are significant. There are some exceptions, though, such as if you weren’t immediately aware of the harm caused by the accident. In that situation, the court may be willing to extend the time frame.
Sometimes, the statute of limitations in Florida is actually shorter than four years. This is true if you plan to file a suit against the state of Florida or a local governmental entity. And, if your case involves medical malpractice (when a healthcare professional causes an injury through a negligent act), then you must typically file within two years. Exceptions can include if you couldn’t reasonably have known about the malpractice within that time frame. If a medical professional actually concealed information about the negligence, then the statute of limitation is two years from when you learned this information or seven years from when it happened
A personal injury is an umbrella term that refers to they many types of injuries that can be sustained in an accident, such as physical, emotional, and/or mental injuries. However, a bodily injury is a specific type of personal injury—a physical injury such as bruises, broken bones, and a head injury just to name a few.
Our experienced personal injury lawyers always consider how an accident might impact the remainder of their clients’ lives. Personal injuries such as disfigurement or permanent disability can cause a lifelong challenge for an accident victim. For example, the impact of damages from an accident involving personal injury or wrongful death can affect:
A family’s future income and security can immediately be impacted by an unexpected auto accident, truck accident, motorcycle accident, nursing home accident, or other personal injury or accidental death. You don’t have to face the big insurance companies alone: To find out if our personal injury lawyers can help you with your claim, don’t hesitate to contact us by calling Harrell & Harrell, P.A., at 904-251-1111 or 800-251-1111, or complete the form at the top of the page.
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