A personal injury claim is a civil (or, in other words, non-criminal) action that can be brought when the negligent, reckless, or intentional actions of another cause injury, harm, and/or death. The person who brings the claim is called the “plaintiff” and the entity against whom the claim is brought is called the “defendant.”

A good example of a typical personal injury claim is automobile accident claims. Unsurprisingly, these are some of the most common types of personal injury claims, as hundreds of thousands of people are injured in car, truck, andmotorcycle accidents each year. Generally speaking, drivers have a duty to exercise “reasonable care” while operating motor vehicles. Failure to do so may result in an accident and serious bodily injury. When this is the case, the injured person may bring a personal injury claim against the negligent driver.

In Florida, there are certain laws governing your ability to bring a claim following a car accident. It is best to discuss your case with an experienced personal injury attorney who can help you fully and clearly understand your legal options.Contact Frohlich, Gordon & Beason, P.A. today for a free consultation.

Many people who reach out to our attorneys want to know if they even have a claim. As previously stated, this may vary on a case by case basis but, in general, you have grounds for a personal injury claim if you were injured due to another person, company, or entity’s negligence. “Negligence” includes actions that are careless or reckless in nature. You may also be able to bring a claim if you were injured as a result of another’s intentional actions or if the responsible party is “strictly liable” under Florida law.

You may also be able to bring what is known as a “wrongful death” claim if your loved one was killed as a result of someone else’s negligence. Only certain individuals may bring wrongful death claims; contact our firm to discuss your situation with a member of our legal team today.

Yes, as previously mentioned, you may be able to bring a claim under the basis of “strict liability” or “intentional wrongdoing.”

Strict liability refers to the responsibility of product designers, manufacturers, and distributors to create, produce, and sell products that are reasonably safe for consumer use. As such, these entities are strictly liable when their products are defective and/or unreasonably dangerous. In most product liability cases, the plaintiff (injured party) does not have to show that the liable designer, manufacturer, or distributor was negligent; rather, the plaintiff only needs to prove that the product was unreasonably unsafe for normal consumer use.

Intentional wrongdoing is a somewhat rarer basis for personal injury claims. Under this basis, you must show that someone’s intentional actions caused you harm, bodily injury, and/or other damages. For example, if you are assaulted, you may be able to pursue financial compensation for your medical bills, lost wages, pain and suffering, and other losses. This action is separate and distinct from any criminal proceedings.

If you choose to pursue a claim, you will become the plaintiff and the opposing party will become the defendant in the case. Both your attorney and the defendant’s attorney will begin the “discovery” process. This process involves gathering facts and evidence and exchanging documents in order to prepare the case. You may be required to provide written questions or take part in a deposition where you will give your statement in person under oath.

After discovery, your attorney will likely negotiate with the opposing party in order to reach a settlement. Most often, personal injury cases settle before ever going to trial. However, there is a chance that the opposing party will refuse to settle or will only offer a very low settlement. If this is the case, you and your attorney may decide to take the case to trial.

At Frohlich, Gordon & Beason, P.A., we offer what are known as “contingent fees.” What this means is that our fees are contingent on us successfully recovering compensation on your behalf. In other words, if we do not recover compensation for you, either through a settlement or a verdict, you do not owe us anything. There is no risk for you.