What Can I Win?
In Florida, thousands of rules, regulations and laws have been written and refined to protect you and your family against danger and prevent negligent injury. For example, operating a motor vehicle is very dangerous unless basic safety laws are followed. Thus, a driver may be negligent if he or she violates Florida law by speeding, rear-ending another vehicle or driving under the influence causing a collision. Surgery becomes extremely dangerous when basic medical standards are not met and followed. Thus, a doctor may be found negligent for preforming a surgery which results in the injury or wrongful death of his patient. Enforcing these laws against rule breakers protects not only you but the entire community.
In filing a lawsuit, you simply are applying the laws which allows injured persons to recover compensation for losses that were only incurred because another’s carelessness or negligent conduct. While taking legal action may not be your first-priority following an injury, an experienced personal attorney can examine the cost of your current and future losses and timely file a claim seeking this amount from the party responsible for your injuries. In a personal injury action, your attorney may seek compensation for the following:
Past and future medical bills, including the cost of prescribed medication, therapy and surgeries
Past Lost Wages
Loss of future earning capacity
Pain and suffering
Loss of enjoyment of life
- Loss of companionship, comfort, affection, etc.
In wrongful death cases, our attorneys may be able to recover compensation for medical and funeral expenses, loss of support and household services and loss of future earnings and accumulations.
The purpose of awarding an injured party monetary damages is to restore them physically, emotionally and financially. While a personal injury suit cannot heal an injury, much less bring back a lost a loved one, it can provide economic stability for a family during difficult financial times following an accident. Further, by taking legal action, you can hold the negligent party, hospital or corporation responsible for their actions and, in some cases, may be entitled to punitive damages awarded to punish another for intentional misconduct or gross negligence.
Cases Our Lawyers Handle
If you are seeking an experience Lakeland personal injury attorney, it is critical you consult with a lawyer who has gone to trial and regularly handles the following types of cases:
We also handle personal injury cases involving the following types of injuries:
Traumatic brain and spinal cord injury: There are many types of accidents which can result in a traumatic brain or spinal cord injury. Since brain and spinal cord injuries can have such a dramatic impact on the victim’s lifestyle and their physical and psychological wellbeing, these lawsuits often seek to recover the cost of the patient future life care needs, past and future medical expenses, as well as, the loss of earnings and other damages.
Pressure Sores: Pressure sores, sometimes called pressure ulcer, are defined as any lesion caused by unrelieved pressure that results in damage to underlying tissue. Pressure sore usually develop over bony areas such as the heel, hip bone or tailbone region and are described in different stages to indicate the extent of the tissue damage. When a pressure ulcer develops those who are injured as a result may be able to file a claim for compensation with the help of an attorney in Clearwater.
Dog Bites: In Lakeland, dog owners must be exceptionally watchful of their pets, as a person will be held strictly liable if his or her dog bites or injures another person in a public area or on private property (as long as the bite victim was lawfully on the property while the attack occurred). Under Florida law, a pet owner can even be held responsible for past and future medical expenses and money damages when the injured victim is partly at fault for the incident. Thus when a dog bite or attack occurs it is extremely important to report the incident to Animal Control officials and seek qualified legal assistance from an experienced attorney.
Wrongful Death: When a person dies in the State of Florida due to another’s negligence or carelessness, the surviving spouse, children and other relatives may be able to recover monetary damages for their loss. These include medical bills and funeral expenses, loss of support and services and loss of companionship. Wrongful death civil suits are commonly filed against negligent doctors, drivers and large corporations, including hospitals and trucking companies.
"Florida Injury Attorney Named Who’s Who among Business and Professional Achievers, National Register 2012."
Jennifer Gentry Fernandez
The Fernandez Firm | Florida
Can I Recover for My Injuries?
Not all injured victims are entitled to file a lawsuit for their loss, injury and damages. A number of important factors, including the date of the incident, the cause of the accident and the severity of your injuries must be considered in determining whether you have valid legal claim. Only an experienced Clearwater attorney will be able to evaluate your case and determine whether you can proceed with a personal injury lawsuit. Please be aware that Florida has various statutes of limitation which apply to all personal injury cases. This simply means that you have a specific time, from the date of the incident to bring a negligence claim, or it will be forever barred.
When a person, firm or corporation fails to follow the rules, regulations and laws designed to protect the public against the risk of unreasonable harm, they may be deemed negligent and could be held responsible for all resulting damages in an accident.
What is the Statute of Limitations?
If you suffer from an injury caused by the negligent acts of another person, business or organization, your right to sue for monetary damages could be lost if you do not act quickly. Florida law has very specific statute of limitations that requires people who are injured to file a lawsuit within a certain period of time. For example, the statute of limitations for a car accident might be four years, but if you are injured by the negligence of a surgeon, you could lose your right to sue after only two years.
The laws setting limitations on the time within which you must file a lawsuit can be very complex in Florida. At the Fernandez Firm, our attorneys will review all the facts and circumstances related to your potential liability claim to determine the appropriate statute of limitations that applies to your case. We make it our job to protect your legal rights, to hold the at fault party accountable for your loss, injury and damage.