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You deserve an attorney who isn’t scared to fight for you. Jenkins Law PA has more than a decade of combined years of experience working in St. Petersburg. We can help you start your journey towards recovery. Our St Pete personal injury attorney will evaluate your case without cost or obligation.
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The Jenkins Law Team will provide you with aggressive and compassionate representation to help overcome these difficult times. You can rest assured that when you choose Us as your St Pete Personal Injury Attorney and legal advocate, you will be partnering with an aggressive team that is committed to fighting for justice and cares deeply about your well-being.
What Is the Legal Action That Can Be Taken in a Personal Injury Claim?
It’s normal to feel confused and overwhelmed when you or someone close to you is injured. You’ll have to decide whether you want to take legal action against the person responsible for your injury. Personal injury claims can be complicated and time-consuming to file. It may be necessary to get the compensation needed to cover your losses and continue your life.
Consider the following factors to determine whether your case is worth pursuing legal action:
Duty Of Care: You owe the responsible party a duty to care. This means that they were legally obligated to act reasonably to prevent harm. Drivers, for example, must obey traffic laws and be cautious.
Breach Of Duty: A breach of duty occurs when the responsible party fails to meet their duty, whether through negligence, recklessness, or intentional misconduct. The breach of duty can come in many forms. For example, the property owner may fail to maintain safe conditions. A doctor might provide substandard care. Or a manufacturer could produce a defective product.
CausationThere has to be a direct connection between your injury and the breach of duty. The responsible party must be directly responsible for your injury.
Damages: You must have suffered losses measurable due to your injury such as medical expenses, lost income, or emotional distress.
Do not rely on research alone. You should consult a St Peter personal injury attorney for advice since each case is different and the facts of your situation will determine whether you are eligible to take legal action.
What Are the Different Types of Personal Injury Damages?
In personal injury claims, it is important to seek compensation for any losses that you have suffered due to the negligence or wrongdoing of others. Understanding the types of damages that are available is essential to achieve this.
Understanding the difference between punitive and compensatory damages will help you assess the value of your claim and set realistic expectations about the outcome.
- Compensation Damages: This is compensation for the victim’s losses, such as medical costs, lost wages, and pain and suffering.
- Punitive damages: These damages are awarded to the wrongdoer in jury trials for egregious and malicious conduct. They aim to punish them, as well as deter future similar acts.
The specific damages that you can receive in your case are dependent on your unique situation and the severity of your injuries. An experienced personal injury lawyer can help you understand your damages in detail and develop a strategy for maximizing your recovery.
The Statute of Limitations in Florida and Personal Injury Cases
It is important to understand the Florida statute of limitations when filing a claim for personal injury. This time limit is a legal requirement that governs when you can sue for compensation. Failure to comply with the statute of limitation can result in severe consequences including losing your right to take legal action.
Florida law stipulates that all personal injury claims must be filed within 2 years of the date of the accident. Florida changed this in 2023. According to the date your injury occurred, you may be subject to a four-year limitation period. Failure to file your claim within the time limit may lead to dismissal of your case. Consult an attorney as soon as possible after your injury. The attorney will know what the applicable statutes of limitations are for your case.
In some situations, there may be rare exceptions.
Delayed Discoveries of Injury: The statute of limitations can be extended if you didn’t discover the injury as soon as you should have. This exception is usually applicable to cases of medical malpractice or toxic substance exposure.
Fraud and Deception: The statute of limitations can be extended if the person responsible for your injury intentionally conceals their wrongdoing, or tries to mislead you as to the cause of the injury.
Minors or Incapacitated People: The statute of limitations can be extended if the injured victim was a minor at the time of an accident or legally incapacitated.
Consult a St Peters Personal Injury Attorney
To ensure that you understand the exceptions and deadlines for your case.
Florida, as mentioned, has passed a new statute of limitations law that affects personal injury claims. To discuss the impact of the new statute and the specifics, consult a personal injury Attorney.
It is important to adhere to the statutes of limitation in any personal injury claim. If you fail to submit your claim within the specified time period, your right to compensation may be lost.
This is regardless of whether your case has merit. It’s important to hire an experienced personal injury lawyer who can guide you through Florida’s statutes of limitations, as well as any exceptions. Don’t let time run out. Don’t wait to get justice.
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Our Top Saint Petersburg Lawyers
Amanda Sidman
- Licensed in Texas, 2023
- Licensed in Florida, 2015
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court, Northern District of Florida
- U.S. District Court, Middle District of Florida
- U.S. District Court, Southern District of Florida
James S. Jenkins III
- Licensed in Florida, 2008
- Licensed in Texas, 2021
- Licensed in Colorado, 2024
- U.S. District Court, Northern District of Florida
- U.S. District Court, Middle District of Florida
- U.S. District Court, Southern District of Florida
Sunni DeGracia
- Licensed in Florida, 2015
- U.S. District Court, Northern District of Florida
- U.S. District Court, Middle District of Florida
- U.S. District Court, Southern District of Florida
Jordi Iturrizaga
- Licensed in Florida, 2017
- U.S District Court, Southern District of Florida
- U.S District Court, Middle District of Florida
Cassandre D. Anglade
- Florida Bar 2014
- Southern District of Florida 2024
Derek Hendricks
- Saint Thomas School of Law, Juris Doctorate; 2008
- Florida State University, Major—Social Science and History, Minor—Religion; 2002
- Bar Admissions Florida
The Impact of Strict Liability in Florida on Personal Injury Claims
Strict Liability is a legal concept that can have significant consequences for personal injury claims in Florida. Strict liability is different from negligence, where it’s necessary to prove that an action caused injury
In many cases, strict liability is applied to:
Defective Product
Manufacturers and distributors can be held strictly responsible for injuries caused by defective products. It means that, if the product is unreasonably dangerous because of a design flaw, packaging or manufacturing defects, or an inadequate warning, then the injured party doesn’t need to prove negligence to recover damages.
Dangerous Activity
Injuries caused by explosives, animals that are dangerous in themselves or other activities can be held strictly liable. In such cases, it is not necessary to prove negligence or fault by the defendant, since they are held responsible due to their dangerous activities or animals.
Workers Compensation
In Florida, employers are strictly liable for injuries caused by their employees at work. Injured workers are entitled to compensation even if their employer is not negligent, as long as the injury happened within their scope of employment.
In Florida, Strict Liability Affects Personal Injury Claims.
Injured parties in Florida can use strict liability as a powerful tool to seek compensation for their losses. Strict liability may lead to better outcomes for victims of certain types of personal injuries by holding the responsible parties accountable regardless of fault or intention.
Less burden of proof
The injured party need only establish that the defendant is responsible for the product or activity that caused the injury. It is easier to collect damages when the plaintiff doesn’t have to prove fault or negligence.
Liability Expansion
Strict responsibility can be extended to other parties involved in the production, distribution, or sale of defective products or parties that engage in inherently dangerous activities. This increased liability may increase the likelihood of recovering damages against a party responsible.
Higher Settlements and Awards
Since strict liability cases don’t require proof of negligence to proceed, defendants are more likely to be awarded more money or to face a higher award, since juries will be more likely to hold them responsible for the damage caused.
Our St Pete Personal Injury Attorney Will Stand with You
Our St Pete personal injury attorneys have a wealth of experience handling a variety of different cases. St. Petersburg residents are constantly injured, often due to circumstances that they can’t control. Not every situation will lead to a lawsuit. There are still circumstances where you may be entitled to compensation from the person who was at fault.
A trusted accident lawyer is vital, regardless of whether the injury was caused by negligence or intentional action. Even if an injury appears minor, the victim could end up paying for expensive medical bills over many years. The Jenkins Law can help you seek compensation if you have been injured due to someone else’s negligence or actions.
Schedule a Free Consultation Today
Contact Jenkins Law P.L. today for a free consultation and let us help you secure the compensation you need to move forward.