Fort Pierce Personal Injury Lawyers

Accidents are an unfortunate reality of life. In some cases, such as tripping over your own two feet, they are just a matter of bad luck. In other cases, such as motor vehicle accidents, they are the result of someone else’s carelessness or misconduct.

Personal injury law covers all types of claims where a person is hurt by the action or inaction of another person, such as medical malpractice, car accidents, slips and falls, and pedestrian accidents. If you have been hurt because of something that someone else did (or failed to do), then you may be entitled to financial compensation. Our law firm can help you get money for your property damage, lost wages, medical bills, emotional distress, and other losses.

At Gould Cooksey Fennell, we are fierce advocates for accident victims in St. Lucie County, Florida. We represent clients throughout Florida’s Treasure Coast, helping them get the money that they deserve for their injuries. To learn more or to schedule a free consultation with a Fort Pierce personal injury attorney, contact our law firm today.

Filing a Lawsuit for a Your Personal Injury

In a personal injury lawsuit, there are typically two parties: the plaintiff and the defendant. The plaintiff is the person who was injured, while the defendant is the person who caused the plaintiff’s injuries. The defendant is usually represented by their insurance company.

Most personal injury claims are based on a theory of negligence, which is the legal way to describe carelessness. In some cases, a claim is based on intentional or reckless conduct. For example, if a person causes a drunk driving accident, they may face both criminal charges as well as a civil personal injury lawsuit.

Typically, the plaintiff has the burden of proving that the defendant is legally responsible for their injuries. For negligence cases, the plaintiff must show:

  1. Duty: The defendant owed the plaintiff a duty of care
  2. Breach: The defendant violated that duty in some way (such as failing to make sure the coast was clear before merging onto the highway)
  3. Causation: This violation was the proximate or “but for” cause of the accident (if the defendant had yielded to traffic before merging, the accident would not have happened). 
  4. Damages: The plaintiff suffered losses in the accident (such as emotional distress, property damage, and medical bills).

 

There are different standards for negligence depending on the type of claim involved. For example, in a medical malpractice case, the plaintiff will have to prove that the defendant did not meet the standard of care for the profession. 

Negligence can also be complicated, such as in cases where more than one party was responsible for an accident. In Florida, comparative fault rules allow accident victims to recover for their injuries even if they were partially responsible. If you have questions about whether you can file a personal injury claim, reach out to our law offices to talk to a Fort Pierce personal injury attorney.

Getting You Compensation for a Florida Personal Injury Claim

If you decide to hire a Fort Pierce personal injury lawyer to represent you, they will get to work right away to build the strongest possible claim. After a consultation, the first step is usually an investigation. Your attorney will interview witnesses, analyze medical records, seek out accident reports, and consult with experts to get a better understanding of what happened and who may be responsible. For example, they might discover that a local government agency did not properly maintain the road where you crashed, allowing you to add that entity to your claim.

At the same time, your attorney will research Florida law to put together a legal basis for your claim. They will then draft a demand letter, which will be sent to the defendant’s insurance company. This letter will explain the facts of the case, the legal reasons why the defendant is responsible, and then make a demand for compensation (damages).

In a personal injury lawsuit, you may be able to recover three types of damages: economic, non-economic, and punitive damages. Economic and non-economic damages are compensatory because they compensate an accident victim for their losses. Punitive damages are set up to punish a person who acted intentionally or recklessly.

Economic damages pay for your out-of-pocket financial losses. Examples include property damage, lost wages, reduced earning potential, medical bills, and future medical treatment. Depending on your situation, economic damages may also cover things like home renovations to make your house accessible.

Non-economic damages pay for your intangible losses. These losses can be harder to prove, since you don’t get a bill in the mail for something like insomnia due to anxiety after an accident. However, these damages (which include pain and suffering, emotional distress, scarring, disfigurement, and loss of enjoyment of life) are just as important to a full recovery as economic damages.

Punitive damages may be available in cases where the defendant acted intentionally or recklessly. They will be awarded by a jury if your case goes to trial.  Punitive damages are designed to punish someone who acted badly, instead of compensating an injury victim.

Insurance companies often focus heavily on economic damages while downplaying non-economic damages. They typically use an algorithm to decide on a settlement number, multiplying a number that represents the severity of your injuries by your economic damages. This often leads to a settlement offer that is far less than the true value of your case.

After your lawyer sends a demand letter, the insurance company will usually respond with a counteroffer based on this computer formula. Our Fort Pierce personal injury attorneys won’t simply accept a lowball settlement offer. Instead, we will continue to negotiate until we can reach a fair settlement.

In some cases, it may become necessary to file a lawsuit. In Florida, there is a 2-year deadline to file a personal injury lawsuit, known as the statute of limitations. Filing a lawsuit is often required as a way to preserve your legal rights. That does not mean that your case will go to trial. 

The majority of personal injury claims are resolved outside of the courtroom. Whenever possible, our Fort Pierce personal injury lawyers will negotiate a settlement for our clients. If the insurance company won’t offer you fair compensation, we will take your case to trial and ask a jury to return a verdict in your favor.

How Our Fort Pierce Personal Injury Attorneys Can Help You

Insurance companies are in business to make money. No matter how nice an insurance adjuster may seem, make no mistake: their job is to resolve your claim for as little money as possible. That is why you shouldn’t ever talk to an adjuster or sign any paperwork until you have had a chance to talk to a lawyer.

Being represented by counsel reduces the risk that an insurance adjuster will be able to talk you into accepting a lowball settlement or get you to give up important rights. It also increases the likelihood that you will get maximum compensation for your losses.

Studies show that people who are represented by an attorney recover significantly more money compared to people who represent themselves in personal injury claims. The reason why is simple. Insurance companies are far more likely to offer you a fair settlement if they know that there is a real possibility that your case will go to trial.

Your Fort Pierce will fight to get you full compensation while taking on all of the burdens associated with filing a personal injury claim. They will handle all correspondence, paperwork, and other details so that you can focus on your recovery. Along the way, they will keep you updated and work with you to help you get the best possible outcome.

Our law firm handles all personal injury cases on a contingency fee basis. That means that you will pay nothing up-front and will only pay a fee if we recover money for you. With a contingency fee agreement, you can afford to hire a Fort Pierce personal injury lawyer, even if you’re out of work and dealing with mounting medical bills.

The bottom line is that the only way to get true justice in a personal injury claim is by working with an experienced lawyer.  The insurance company has its own team of attorneys and adjusters on its side. You can level the playing field by hiring our law firm to advocate for your best interests.

Types of Fort Pierce Personal Injury Cases

Personal injury law, which is also referred to as tort law, works to protect people who have been hurt because of someone else. In a personal injury lawsuit, the at-fault party (defendant) may be responsible for paying the victim (plaintiff) for any losses that they suffered in an accident.

If you are hurt in an accident, then you can file a lawsuit against the person or entity (such as a business or government agency) that was responsible. Our law firm has significant experience handling all types of personal injury matters, including:

 

Our clients and their families have suffered all types of injuries, from relatively minor broken bones to traumatic brain injuries to paralysis. We also represent families who have lost a loved one in wrongful death claims.

We treat each of our clients with compassion and respect. At the same time, we work hard to help our clients get justice for what happened to them, along with maximum compensation for their losses. If you have been hurt in any type of accident, you can rely on our Fort Pierce personal injury lawyers to get you the compensation that you deserve.

Need a Personal Injury Attorney in St. Lucie County? Give Us a Call.

Being injured in any type of accident can be incredibly traumatic. In the aftermath, you might be unsure of exactly what you should do. You might even be tempted to accept the first settlement offer from the insurance company. Before you do that, reach out to our law firm for a free consultation.

At Gould Cooksey Fennell, we are fierce advocates for clients throughout the Treasure Coast who have been hurt in all types of accidents. We handle all cases on a contingency fee basis, working tirelessly to get you the compensation that you deserve. To learn more or to schedule a free initial consultation with a Fort Pierce personal injury attorney, give us a call at 772-742-4912 or fill out our online contact form.

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Fort Pierce Car Accident Lawyers

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Our firm is here to take that burden off of our clients and handle their claim completely. We will help you get the compensation you deserve.

Notable CAR ACCIDENT Settlements and Verdicts

We’ve recovered over $150 million for our clients. These are real case results from real people who came to us for help. And we got them what they were owed.

Plaintiff was operating a small motorcycle/scooter when a 91 year old man turned left in front of him hitting him essentially head on. As a result of the collision, the Plaintiff sustained catastrophic injuries to his lower body, including snapped femurs and fractures to the spine and pelvis. After a two week trial the Indian River County jury returned an award totaling $9.381 million.

A Brevard County Jury awarded Plaintiff $6.4M against Defendant State Farm, following an accident that resulted in numerous catastrophic orthopedic injuries, including a below knee amputation of the Plaintiff’s left leg.

Plaintiff sustained numerous orthopedic injuries as a result of the negligence of a driver working for the State of Florida Department of Agriculture. At trial, the case resulted in a verdict of $5,582,776.82. Because the government’s damages are statutorily limited to $100,000 under Sovereign Immunity laws, Gould Cooksey Fennell’s Personal Injury Group was forced to fight in the Legislature for several years to pursue the passage of a Claims Bill. Ultimately a Bill was passed for 40 times the statutory limitations.

Indian River County crash resulting in significant injuries to a husband and wife. This matter was resolved prior to filing a lawsuit.

Obtained a Trial Verdict of $1.64 million dollars for injuries sustained by an 86 year old woman in a rollover auto accident on SR 60 in Vero Beach, Florida. After prolonged hospitalization, Mrs. Koebele never fully recovered and an Indian River County Jury awarded $1,170,130 for her injuries and $475,000 for her husband’s consortium claim.

Automobile crash in Vero Beach, FL resulting in cervical injury, including disc herniation to a 22 year old tennis professional.

While stopped at the intersection of US Hwy 1 and Vista Royale Boulevard, the Plaintiff’s vehicle was struck from behind with such force that the rear of his SUV was lifted off the ground and his vehicle slammed into the rear of the vehicle in front of him. As a result of the violent impact, Plaintiff sustained permanent injuries to his cervical and lumbar spine. An Indian River County jury awarded the Plaintiff $1,487,412.99.

While stopped at the intersection of 43rd Ave and 8th Street, Plaintiff was rear-ended by the Defendant, launching her vehicle into another vehicle in front of her. Plaintiff sustained permanent injuries to her right knee and cervical spine, both requiring surgical intervention in the years following the collision. After a nine day trial, an Indian River County jury returned an award of $1,259,090.73.

Indian River County jury awarded verdict against Defendant State Farm following an automobile accident where the defendant Driver was underinsured.

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