Jacksonville Personal Injury Lawyers

The legal system may seem daunting when you’re not familiar with how it works. While every case is different, there are certain issues that often come up in personal injury law. Here’s a look at some of them.

In order to receive compensation, you'll need to prove that the person or entity you're suing is responsible for your injuries. This generally involves a legal concept known as negligence, which in simple terms means carelessness. If someone didn't behave as carefully as a reasonable person would have, they're likely to be held accountable for any resulting injuries. In specific situations like healthcare, establishing negligence can be a bit more complicated. Determining whether a healthcare provider failed to meet the standard of care usually requires the input of an expert witness.

There might be a scenario where an employee of a company causes an accident while they’re engaged in their job duties. A principle known as vicarious liability allows you, the injured party, to hold the company accountable as well. You don't even have to prove that the company itself was negligent. Also, it's worthwhile to investigate if the company failed in their duties of proper hiring, training, and supervision of their employees. If so, this could support a claim of direct liability against the company.

Not all personal injury cases are based on negligence. In some situations, like when a defective product causes an injury, Florida law lets victims use a concept known as strict liability. This means you don't need to prove the defendant was careless. They can be held liable if they caused an incident or situation for which the law imposes strict liability.

Certain personal injury cases stem from acts that could also be considered criminal, such as assault or battery. Let's say someone physically attacks another person, resulting in a broken arm. Besides facing criminal charges, the attacker could also be sued for the medical costs, pain and suffering, and other damages related to the injury. Even if the prosecutor doesn't win the criminal case, the injured person can still win the lawsuit. In civil cases, the standard of proof is lower. You only need to show that it's more likely than not that the defendant caused your injuries, rather than proving it beyond a reasonable doubt as in a criminal case.

It's crucial to remember you have a limited time to take legal action. This time limit, called the statute of limitations, is a strict deadline. In Florida, you generally need to file your lawsuit within two years. This might seem like a long time, but it's actually been shortened; it used to be four years. There's still a four-year deadline for assault and other intentional torts.

It's important to meet this deadline. If you don't, the consequences could be quite severe. A judge is likely to dismiss your case if the defendant requests it, based on the missed deadline. This means you wouldn't receive any compensation, regardless of how strong your evidence is that the defendant caused your injuries.

Sometimes an accident isn't caused by just one party. There might be situations where the injured person is partially at fault for their injuries. Different states have different rules for such scenarios. Florida generally follows a modified comparative negligence rule. If you're partly at fault for your injuries, you can still receive a reduced amount of compensation, as long as your fault is not more than 50 percent. The compensation you receive will be reduced in proportion to your fault. Thus, if you were 30 percent at fault, you could still get 70 percent of your damages. However, in medical malpractice cases, a pure comparative negligence rule applies. This means that no matter how much you were at fault, you can still recover damages from a healthcare provider who was also partly at fault.

You might have heard about "damages caps." These are limits on the amount of money you can get for your injuries. In Florida, there are generally no caps for compensatory damages (the money you receive to cover your losses) in personal injury cases. The Florida Supreme Court even ruled that a law limiting certain medical malpractice damages goes against the state constitution. However, if you're awarded punitive damages (additional money given in rare cases when the defendant did something extraordinarily wrong), there is a cap on this.

If you suspect that your accident may have been caused by a government agency or one of its employees, you still have the option to sue. However, this involves following special rules set out by the Florida Tort Claims Act. These rules can be quite complex, so it’s best to seek advice from an attorney who can guide you through the process.

If you've been in a car accident and are hoping to claim non-economic damages, like compensation for pain and suffering, there might be a few hoops to jump through. Florida law states that you can only claim these types of damages if your injury meets certain conditions. This is because Florida operates under a no-fault auto insurance system, which provides personal injury protection (PIP) benefits for certain costs, no matter who caused the accident.

Going to trial for a personal injury case can be a long, costly, and unpredictable journey. Even with what seems like solid proof, you never really know how a jury will rule. That's one key reason why settling is often the preferred route for both the injured person and the defendant or their insurance company. A settlement is simply an agreement where the injured person gives up their right to sue in exchange for a specific amount of money. This way, everyone avoids the hassle, expense, and uncertainty of a trial.

Settling a personal injury case is attractive because it's faster, less stressful, and gets you the financial help you might need sooner. It also helps you put a difficult experience behind you. But don't just grab the first offer that comes your way. Often, initial offers are low because the other side wants to wrap things up quickly and cheaply. Once you accept an offer, that's it; you can't go back for more money later. Thus, unless you're sure the amount is fair, it's usually worth negotiating for a better deal. If you’ve suffered serious injuries, you also might want to wait until your medical prognosis is clear before resolving your case.

If you’re facing resistance from an insurer, or if your injuries are serious and your damages substantial, you should strongly consider connecting with a lawyer. You might feel your case is airtight, but there could be hidden complexities you haven't considered. A skilled attorney can help you navigate these nuances and build a stronger case.

A lawyer acts as your advocate, working to gather all the necessary evidence to prove the other party's fault and the full extent of your damages. This evidence can vary depending on the specifics of your case, but it often includes things like photos and videos of the accident scene, your injuries, and any property damage. Witness statements provide valuable firsthand accounts of what happened. Medical records and bills document the nature and severity of your injuries and the associated costs. Proof of lost income, receipts for out-of-pocket expenses, and expert opinions on future medical needs and your condition’s impact on your life and ability to work can also be crucial. Testimony from people who know you well can illustrate how your injuries have affected your daily life and overall well-being.

Your attorney also plays a key role in evaluating settlement offers. Their experience with similar cases gives them a good sense of what a fair settlement would be for your situation. They'll explain the pros and cons of any offer you receive, but they can't accept anything without your permission. The decision to settle or go to trial is ultimately yours.

If you decide to go to trial, your attorney's skill becomes invaluable. They'll handle every aspect of the trial process, from jury selection and presenting evidence to cross-examining witnesses and making legal arguments. They'll ensure all deadlines are met and all rules are followed, protecting your rights and preventing any missteps that could harm your case. They'll also explain legal concepts and procedures clearly so that you understand what's happening at every stage. Having a competent attorney on your side during this stressful time can make a huge difference, giving you confidence and peace of mind.

Finding the right personal injury lawyer in Jacksonville or the surrounding area can feel like a daunting task with so many options. Resources like the Justia Lawyer Directory can be a lifesaver, letting you quickly compare lawyers and find the best fit for your needs.

A key factor is experience. You want a lawyer who's handled cases like yours before. If a faulty appliance hurts you, and you're suing the manufacturer, you need a products liability attorney. A slip and fall case? Look for someone knowledgeable in premises liability claims. And if you've tragically lost a loved one, you'll need a lawyer with experience in wrongful death cases.

Many lawyers and firms list their verdicts and settlements online, giving you a sense of their track record. But numbers aren't everything. Client reviews offer real-world insights into what it's like working with a particular lawyer. Testimonials from other Florida lawyers can also speak volumes about their skills and dedication.

It's also wise to check a lawyer's disciplinary record with the Florida Bar. This can help you avoid lawyers with a history of ethical problems or serious mistakes. A minor, older violation might not be a huge problem, but anything recent or serious should give you pause.

Most personal injury lawyers offer free consultations. Use this opportunity to talk to a few different lawyers to get various perspectives on your case. Pay attention not just to their advice, but also to how well they communicate and whether you feel comfortable with them. Choosing a lawyer whom you trust and with whom you connect is essential.

Accidents can happen in almost any setting: at home, at work, on the road, in a store, at a friend’s house, and more. Here are some common types of incidents that may result in serious injuries and related legal claims:

• Motor vehicle collisions involving cars, trucks, motorcycles, bicycles, or pedestrians
• Medical malpractice, such as a misdiagnosis, a surgical error, or negligence during labor and delivery that results in a birth injury
• Slip and falls, trip and falls, or other accidents caused by hazardous conditions on someone else’s property
• Injuries caused by a product that has a defect in its manufacturing or design, or inadequate warnings
• Neglect or abuse of an elderly person by staff at a licensed care facility
• Bites or attacks by dogs or other animals
• Violent crimes, such as assault

If you're injured at work, you're probably eligible for workers' compensation benefits. These benefits help cover medical bills and some lost wages, regardless of who's at fault for the accident. However, the downside of workers' compensation is that it doesn't allow you to sue your employer in a typical personal injury lawsuit, and you can't get things like pain and suffering damages. But if someone other than your employer was responsible for your injury, you may be able to sue them. This could allow you to claim the full scope of your damages, provided you can prove they were at fault. It could be worth discussing this with an attorney to see if you could bring this type of claim.

A report in 2023 found that over 28,000 personal injury cases were filed in Florida between March 2022 and March 2023. These accounted for 62 percent of all civil lawsuits. To put this in perspective, the national average was less than 12 percent. For each 100,000 Florida residents, there were 127 personal injury lawsuits. This dwarfed rates in other states. Shortly afterward, though, Florida passed laws that made it harder to file these cases.

Here are some notable personal injury settlements and verdicts in Florida from recent years:

• $8.3 million for a woman who slipped and fell outside a restaurant, causing injuries that now prevent her from driving and require her to use a cane
• $2.3 million when a nursing home patient died after developing a severe bedsore because of the staff’s negligence
• $1.9 million for a victim of a rear-end collision who suffered back injuries
• $1 million for the death of a retired person who drowned in a pool at a private ranch in Duval County
• $340,000 for the death of a man from a heart attack after doctors at a hospital failed to recognize warning signs
• $200,000 for a shoulder injury resulting from a slip and fall at a supermarket

However, the outcome of each case depends on its specific facts. Your lawyer will be able to analyze the damages that may be available to you. This will be a more accurate measure of what to expect than any cases in the news that seem similar to yours.

The Florida Traffic Safety Dashboard provides statistics on car crashes in cities throughout the state. It shows that there were 37,230 total crashes in Jacksonville in 2024, which caused 152 fatalities and 477 serious injuries. Pedestrians and bicyclists accounted for 48 fatalities and 79 serious injuries, motorcyclists and motor scooter riders accounted for 37 fatalities and 76 serious injuries, and commercial vehicle drivers accounted for 11 fatalities and 37 serious injuries.

The data also describe the causes and types of these car accidents. For example, driving while impaired by alcohol or drugs caused 54 fatalities and 31 serious injuries, while distracted driving caused nine fatalities and 35 serious injuries. Speeding or aggressive driving caused 16 fatalities and 35 serious injuries, while drowsy or ill driving caused two fatalities and 32 serious injuries. Crashes at intersections accounted for 36 fatalities and 140 serious injuries. Crashes in work zones accounted for two fatalities and 23 serious injuries.

The Jaxson Magazine analyzed crash data from a few years ago and compiled a list of the 10 most dangerous intersections in the city:

• Blanding Boulevard and Wells Road
• Blanding Boulevard and Youngerman Circle
• Blanding Boulevard and Argyle Forest Boulevard
• Blanding Boulevard and Kingsley Avenue
• State Route 312 and U.S. Route 1
• Blanding Boulevard and Collins Road
• Atlantic Boulevard and Southside Boulevard
• 103rd Street and Ricker Road
• 103rd Street and Blanding Boulevard
• Beach Boulevard and Hodges Boulevard

A few intersections that narrowly missed inclusion in the top 10 (or maybe bottom 10) were Blanding Boulevard and County Route 218, Beach Boulevard and Southside Boulevard, and Baymeadows Road and Southside Boulevard.

While staying away from these intersections might reduce your risk of getting involved in an accident, it’s always important to be careful when approaching and going through an intersection in an area as densely populated as Jacksonville. Heavy traffic, pedestrians, bikes, and large trucks all can make driving more complicated.

After a car crash, it’s usually a smart idea to get a copy of the police report. This can provide valuable evidence for your claim. You can go to the Florida Crash Portal website maintained by the Department of Highway Safety and Motor Vehicles. (Be aware that the report might not be ready for up to 10 days after the accident.) For a $10 fee, you can buy your crash report. You’ll need to download it within 48 hours. On the other hand, you can get the report by mail or in person if you prefer. This involves signing a statement and following other steps.

You can file a complaint with the Florida Department of Health if you think that you were affected by an incident of medical malpractice. The Department of Health oversees licensed healthcare practitioners and facilities. However, any action by the Department of Health is only an administrative action and doesn't substitute for a civil lawsuit or recover damages for you.

If you were hurt on the job, you should check out the information on the website of the Division of Workers’ Compensation in the Florida Department of Financial Services. This can help you figure out how to report your injury, understand the benefits that you might be eligible to receive, and navigate the process of going back to your job, among other things.

The Social Services Division for the City of Jacksonville provides services such as referrals and advocacy to victims of crimes. They can also consult the Victim Services Coordinators (Victim Advocates) at the Jacksonville Sheriff’s Office. Another resource is the Victim of Crime Assistance Services provided by the Jacksonville Urban League. Meanwhile, the Florida Bureau of Victim Compensation aims to relieve the financial burdens on crime victims.

1. What types of damages can I get in my personal injury case?

   The primary type of damages you can claim is compensatory damages. The goal of compensatory damages is to get you back to where you were before the incident that caused your harm. These damages are further split into two categories: economic and non-economic. Economic damages cover things that have a clear cost attached to them, like medical bills, lost income, and property damage. Non-economic damages, on the other hand, relate to the intangible impact of an incident, like pain and suffering or mental anguish. In cases where the defendant's actions were particularly harmful, you might be able to claim punitive damages too.

2. What were the recent changes in Florida personal injury law?

   In 2023, the Florida legislature made some key changes to personal injury law. The most significant change was shortening the time you have to file a case from four years to just two years. Another important update was the shift from a pure comparative negligence rule to a modified one, except in medical malpractice cases. This means that if you're found to be more than 50% at fault in an accident, you won't be able to get damages in most personal injury lawsuits.

3. How much do I need to pay my personal injury lawyer?

   The cost of your personal injury lawyer is based on the result of your case, under what's known as a contingency fee arrangement. In simple terms, your lawyer only gets paid if you win your case. If you do win, your lawyer will receive a percentage of your award. The exact percentage should be clearly laid out in your agreement. This percentage could depend on how far your case progresses in the legal process before it's resolved.

4. When can I get non-economic damages after a Florida car accident?

   You generally can get damages such as pain and suffering after a Florida car accident only if you have suffered one of the injuries described by Florida Statutes Section 627.737. These include the significant and permanent loss of an important bodily function, significant and permanent scarring or disfigurement, a permanent injury other than scarring or disfigurement, and death.

5. Who can bring a wrongful death lawsuit in Florida?

   A wrongful death lawsuit needs to be filed by the personal representative of the deceased person's estate. This is different from some states, where family members like a spouse or a child could file the lawsuit. In Florida, these family members can only file if they have been appointed as the personal representative.

6. Are dog owners in Florida strictly liable for dog bites?

   Yes, Florida Statutes Section 767.04 generally makes a dog owner liable when their dog bites someone in a public place or in a private place where they’re allowed to be. There’s no exception for the dog owner’s property, and it doesn’t matter if the owner knew or should have known that the dog might bite. However, an owner usually can avoid strict liability by putting a Bad Dog sign on their property.