Any serious or life-threatening injury can disrupt your life, compromising your ability to work and provide for yourself and your family. If you have bills piling up and no way to pay them or get the medical treatment you need, you may feel overwhelmed.
Fortunately, you might be entitled to compensation if you can prove someone else’s negligence caused your injuries. Unfortunately, this is often more difficult than it should be. The personal injury lawyers in Sarasota at Goldman Wetzel can help. Call us today at 941-405-5193 to get started.
When Can I File a Personal Injury Claim in Sarasota?
To pursue a settlement for personal injury, you must have sustained a severe or life-threatening injury as a result of negligence, either by an individual, a business, or entity.
Most personal injury claims involve some type of accident, often including:
- Passenger vehicle accidents
- Trucking accidents
- Motorcycle crashes
- Boating accidents
- Bicycle and pedestrian crashes
- Slips and falls
- Dog bites
- Product defects
- Workplace injuries
- Construction accidents
- Swimming pool accidents
- Medical malpractice
- Birth injuries
To have a valid personal injury claim, the responsible party must have been negligent in some way.
The Goldman Wetzel personal injury lawyers will gather the documentation necessary to demonstrate fault in your case, as well as the four legal elements of negligence:
Duty of Dare: The party at fault owed a duty of care to the victim, such as the duty that motorists owe the public and other drivers on the roadway. Physicians owe a duty of care to their patients, property owners owe a duty of care to visitors, and employers owe a duty of care to their employees to maintain a safe working environment.
Violation of Duty: The party at fault violated its duty of care to the injured party. A motorist who drives drunk or fails to heed the posted speed limit has violated his duty to others on the road. Store owners who fail to repair a broken handrail or clean up a spill violate their duty to provide shoppers with a reasonably safe environment. A violation of duty can occur due to action or inaction.
Depending on how the accident occurred, we might obtain photos, surveillance video, eyewitness statements, or the police report to prove a violation.
Causation: If an accident or injury occurs due to the at-fault party’s violation of its duty of care, the negligent party is liable for the resulting damages. For example, if a customer falls because a store owner failed to address a dangerous situation, and that customer sustains a concussion, the store owner likely has legal liability.
We will gather your medical records and discuss your case with expert witnesses to determine whether, and with what certainty, the accident in question caused your injuries.
Actual Damages: To hold an at-fault party accountable for negligence, you must demonstrate that you sustained actual damages. In a personal injury case, the Goldman Wetzel personal injury team may use doctor bills, wage statements, and other documentation that reflects the specific damages you sustained.
How Much Is My Personal Injury Claim Worth?
Because every case is different, there is no way to know how much your claim is worth without examining all related damages. The Goldman Wetzel personal injury lawyers will determine the value of your claim based on the details of your case, including the type of injuries you sustained and how they have affected — and will affect — your life.
Our attorneys will also document your future needs for medical treatment and personal care, and establish a monetary value for any permanent disability or damage you sustained.
If your injuries affect your ability to work, we will establish the value of your future lost wages and loss of earning potential, as well as any work-related benefits you will no longer have access to.
We will also look into how your accident affected you, speaking to your friends and family to determine how much pain and suffering damages we should ask for.
To substantiate the total value of your personal injury claim, the Goldman Wetzel team will talk to your friends and family to learn how your injuries have changed your life. We will also call on subject matter experts, medical professionals, and other resources to provide testimony to support your claim.
Why Is Goldman Wetzel the Right Choice for My Personal Injury Claim?
The legal team at Goldman Wetzel understands how devastating a serious injury can be, and we know how important a settlement is for your future.
We use a team approach for handling your case, putting two personal injury lawyers on each case we take on. This helps us expedite the process of assembling evidence and documentation, and submitting your claim to the liable party’s insurance company. It also means we have two unique attorneys brainstorming the best way to approach your case and defend against any accusations of fault.
Meanwhile, we will protect your legal rights and help you get the medial treatment you need. Rather than worrying about the future, you can focus on recovery and healing.
After we submit your claim, we will push toward the fastest possible resolution. The insurance company lawyers may want to negotiate a settlement, rather than going to court. We will do what we can to make this happen and to get you your money as quickly as possible.
However, we will not rush your case and sacrifice any compensation you are due. If the insurance company will not offer an acceptable settlement to resolve your case, we can always file legal action and go to court. Although it may take a little longer, we will take this route if we believe it is the best course of action to get what you deserve.
Can I Recover Compensation Even If I Contributed to My Injury?
Yes. You can recover compensation for your injuries, even if you contributed to them. This is true even if you were 99 percent at-fault. However, your contribution will lessen what you are entitled to. This law is known as pure comparative negligence.
For example, say you were walking around the grocery store, texting, when you slipped and fell in a puddle of spilled milk. The fall caused you to sustain a traumatic brain injury.
The insurer found you 20 percent at fault for your injuries because you were texting and could have potentially avoided the fall if you had been paying attention. However, the grocery store is 80 percent at fault because it did not clean up the spill or place a wet floor sign in front of the spill. If your damages were $100,000, you would be able to recover $80,000 (80 percent of $10,000).
How Can You Find Out if a Personal Injury Lawyer Can Help?
In Sarasota, Goldman Wetzel offers a free consultation and case review to people who sustained injuries in any type of accident.
This free consultation allows you to learn more about how the personal injury claim process works. We will take the time to learn about your injuries and how they have affected your life. We will explain your options and answer your questions so that you can make the right choice for your future.
The Goldman Wetzel team members bring critical insight and a diverse background to your case. We will apply our knowledge and experience to identify innovative solutions, and we will push tirelessly to ensure that we achieve the best possible outcome for you.
Call the Goldman Wetzel team today at 941-405-5193 to learn more about how a personal injury lawyer in Sarasota can help you.