Personal Injury Lawyers Serving Brooksville, FL and Hernando County
Brooksville, Florida is home to some of our friends and clients. Its quaint tree-lined neighborhoods attract a steady stream of visitors (including some of us from time to time), as do local events such as the Blueberry Festival, the GET HEALTHY Brooksville Cycling Classic, and the hiking trails at Withlacoochee State Forest. More than anything else, though, it is the people of Brooksville who make it special.
When a serious accident happens, however, it’s easy to forget anything but the shock and pain of your unexpected loss. Your bills may be mounting, even as your income decreases while you are out of work. It can be distressing to realize that the accident that injured you would have been completely avoidable except for someone else’s inexcusable carelessness. It can be downright infuriating, however, to seek compensation only to run into a stone wall of an evasive perpetrator or a dismissive insurance company.
At Abrahamson & Uiterwyk, we won’t stand for it. As a matter of fact, it downright annoys us when an opposing party mistreats our client under trying circumstances like this. When you are injured through someone else’s misconduct, Florida personal injury law entitles you to pursue monetary compensation, not only for your medical bills but also for any other losses that might arise out of your accident, such as lost earnings and pain and suffering.
Do You Need a Personal Injury Attorney?
Personal injury claims are typically complex, but they are winnable if you secure the right kind of assistance. The ideal result, of course, is a quick settlement for the full amount of your losses, and that is what we will strive for from the moment we take your case. You will need a law firm that is prepared to fight it out in court, however. Some lawyers resolve all their claims by settlement. Insurance companies know who these lawyers are, and they laugh at them because they know that they need not fear an adverse verdict. Unfortunately, it is difficult to obtain a fair settlement offer from an opposing party who doesn’t respect your attorney.
Nobody is laughing at Abrahamson & Uiterwyk, however. Although a number of our clients’ claims are resolved through settlement, the main reason why opposing parties are so willing to offer full compensation is that we have secured courtroom verdicts against stubborn defendants time and time again – in fact, on a number of occasions our clients have walked away with millions of dollars in compensation.
A Few of Our Practice Areas
Following is a sampling of some of the types of personal injury claims we handle:
Drunk Driving Accidents: Drunk driving accidents are among the most preventable of all accidents, and they are often the most tragic. Although nearly one-third of all Florida traffic fatalities are alcohol-related, proving a defendant is liable for a serious accident requires more than just showing that he or she was drink behind the wheel. That is where we come in.
Bicycle Accidents: No one on the road is more exposed than a bicyclist, rendering the typical bicycle versus motorist accident among the most serious of all road accidents. Although a bicyclist enjoys the benefits of relatively low speed and short stopping distances, he or she cannot even accelerate out of a dangerous traffic situation the way that a motorcyclist can.
Brain Injuries: Two factors make brain injury cases unique: (i) brain injuries tend to be among the most serious of all injuries, and (ii) you might not even be aware of a brain injury until quite some time after the accident or malpractice that caused it. Moreover, brain injury cases tend to be scientifically complex.
Product Liability: Manmade products permeate every aspect of life in a post-industrial society. When a defective product causes an accident, there are a number of legal theories upon which a good lawyer might rely to obtain compensation for his or her client, including strict liability, negligence, misrepresentation, and breach of warranty.
Birth Injuries: Nearly one percent of all births involve injury to either the infant or the mother, and some are quite serious. Since many of these injuries involve lifelong consequences and long-term medical treatment, healthcare providers must be held responsible when professional negligence is involved.
Construction Accidents: Construction work is some of the most dangerous work available. Although the workers’ compensation system is designed to compensate employees who suffer on-the-job injuries, some accidents are outside the scope of the workers’ compensation law. None of them, however, are outside the scope of Florida personal injury law.
Pedestrian Accidents: When flesh meets steel, the result is almost always serious injury or death – in fact, about 15 percent of all road accident deaths are pedestrians. Unfortunately, pedestrian accidents are on the rise in Florida as well as elsewhere in the United States. Damage awards tend to be high for these types of accidents.
Personal Injury FAQs
Can I still collect damages if the accident was partly my fault?
Strictly speaking, under Florida’s “pure comparative fault” system, you can recover at least something from the other driver, even if the accident was mostly your fault. You would recover an amount equal to the other party’s degree of fault – 25 percent of your losses, for example, if the other party was 25 percent at fault and you were 75 percent at fault. Remember, though, that in this case the other driver could file a counterclaim against you for 75 percent of his or her damages, which could leave you with a net loss. As long as the other driver was mostly at fault, you are likely to come out ahead.
How long do I have to file a lawsuit for a personal injury claim?
In an ordinary personal injury claim, you have four years from the date of the accident to file a lawsuit; otherwise, your claim will become permanently unenforceable. If you did not discover your injury until later (as is common with some types of brain and spine injuries), this deadline can sometimes be extended. If your claim is based on medical malpractice, you have two years from the date when you discovered or should have discovered the injury, although exceptions to this deadline apply to small children and certain other classes of people.
What is a “certificate of counsel” and why do I need one?
A certificate of counsel is a statement from your lawyer to the court affirming that he or she is filing the medical malpractice lawsuit in good faith based on solid evidence of malpractice. It normally includes a supporting statement by a medical expert. Your initial lawsuit complaint must include a certificate of counsel; otherwise, the court will dismiss your case. The purpose of the requirement for a certificate of counsel is to discourage the filing of frivolous medical malpractice lawsuits.
I slipped on a wet floor in a restaurant and broke my hip. Do I have a personal injury claim against the restaurant?
Maybe you do, and maybe you don’t – it all depends on the details of your case. The key question is whether the restaurant had a reasonable opportunity to dry the floor before you slipped on it. If an employee had mopped the floor two minutes before you slipped but had forgotten to post a “Wet Floor” warning sign, your chances of recovery would be relatively good. If, on the other hand, another customer spilled a drink on the floor five seconds before you slipped, your chances of recovery would be relatively poor.
I signed a medical consent form before treatment. Can this be used against me in a medical malpractice lawsuit?
Not in most cases. A consent form will never be interpreted by a court to constitute consent to medical malpractice – a doctor is always required to treat you with a professional degree of care, regardless of whether you sign a consent form or not. Just about the only situation in which a consent form could be relevant would be if your claim asserted that you were not given the opportunity to consent to a particular treatment, and that you would not have consented to the treatment if you had known of its risks.
Get Started Today
At Abrahamson & Uiterwyk, we are not an impersonal mega-firm where clients are little more than case numbers. As a mid-sized form, however, we have access to resources that small firms simply cannot match. Moreover, since our 10 lawyers and 40 legal staff focus exclusively on personal injury law, our firm is larger than the personal injury divisions of many large law firms.
After serving over 15,000 clients during 25 years of practice, we have gained an intimate understanding of the local legal systems of nearly every community in central Florida. The legal and business communities have noticed. Not only is Abrahamson & Uiterwyk accredited by the Better Business Bureau, but an “AV” rating, the highest possible rating from Martindale-Hubbell, a national law firm rating system. The “A” signifies that the firm’s legal ability is “very high to preeminent.”
We do not charge our personal injury clients any upfront fees or costs unless we win. If we take your case, your total cost will be zero unless we obtain a verdict or settlement for you. We can evaluate your case over the phone and, when necessary, come to your home or office. If you live or work in Brooksville, call us any time of the day or night at 800-753-5203 to set up a telephone conference, or contact us online by email or live chat.