Sebastian Personal Injury Lawyers

Most personal injury cases are based on a theory of negligence or carelessness. Generally, negligence means that a person fails to use the level of care that a reasonable person would use in a similar situation. In some cases, a claim is based on intentional or reckless conduct.

The standard for negligence varies slightly depending on the type of case. For example, if you are suing a doctor for medical malpractice, then their actions will be measured against the standard of care for that profession. However, if you are filing a claim against another driver for a car crash, then the question will be whether they acted as a reasonable person would have acted in the same situation.

Our attorneys will evaluate every aspect of your case to determine the potential avenues for recovery. This may include examining a range of possibilities to determine who may be at fault for your injuries. Taking this approach ensures that you get the full compensation that you are entitled to under Florida law. 

Once we have identified the potential at-fault party (defendant) and determined that they may be liable for your injuries, we will get to work building the case against them. This may include steps such as researching Florida personal injury law, requesting accident records, reviewing photos and videos of the accident or incident, evaluating your medical records, and interviewing medical witnesses. This part of the process can take time, as it is critical that we are as thorough as possible.

We will then begin to draft a demand letter that will be sent to the defendant’s insurance company. Depending on the type of personal injury claim, this may mean filing a claim against the defendant’s car insurance policy, malpractice insurance, homeowner’s or renter’s insurance, or a commercial liability policy. Typically, we will send this letter once you have reached maximum medical improvement.

Waiting to start the claim process may seem counterintuitive, but it is important to understand the full scope of your losses before we make a demand for compensation. Think of it this way: You won’t really know how you’ll heal and what the long-term effects of your injuries will be until some time has passed. When your treating doctors believe that your condition is stable and likely won’t improve with further medical treatment, we will have a better idea of your losses.

One of the reasons for waiting for a few months to start the negotiation process is that settlement agreements require you to give up certain rights. Specifically, in exchange for a settlement check, you will have to waive your right to sue for the same accident and injuries in the future. If you discover 6 months or a year down the road that your injuries are much more serious than you originally thought, you won’t be able to go back and file a lawsuit against the defendant.

Florida does have a statute of limitations for personal injury cases. Under this law, you have 2 years from the date of the accident or injury to file a lawsuit (with some limited exceptions). Our Sebastian personal injury attorneys will carefully track your case progress to be sure to file a lawsuit within the statute of limitations.

The vast majority of personal injury claims are resolved outside of court. Typically, insurance companies will respond to a demand letter with a counteroffer. We’ll negotiate back and forth until we can achieve a settlement that truly compensates you for your losses.

If the insurance company refuses to offer you a fair settlement, then it may be necessary to take the case trial. As experienced litigators, we know how to get a win in court. We will make arguments, introduce evidence, and question witnesses before asking the jury to return a verdict in your favor.

Throughout the process, we will keep you updated on the status of your case. We know that many of our clients anxiously await a settlement in their case. We will work hard to get you the money that you deserve and will keep you informed about what is happening with your case.

Gould Cooksey Fennell has served the Treasure Coast region since the 1950s. We are dedicated to this community and to our clients. For personal injury cases, this means that we will fight to get you the money that you deserve for your injuries. We won’t back down when challenged by big insurance companies, and we won’t rest until we get you maximum compensation.

Perhaps just as importantly, our Sebastian personal injury lawyers treat each client with compassion, not as a case number. We know that any kind of accident can be devastating, physically, emotionally, and financially. Our goal is to make sure that you get both money and justice for your losses. Contact our law firm today to schedule a free initial consultation with a member of our legal team.

Related: Sebastian Car Accident Lawyers