Best Personal Injury Lawyers in Tampa For 2024

Finding the right lawyer to represent you is one of the most important steps after suffering a personal injury. If you're looking for a personal injury lawyer in Tampa, Florida, it helps to understand a few things about how these cases work and what you'll need to prove to recover compensation.

ConsumerShield specializes in helping you understand the law that applies to your situation and your rights under the law. If you need an attorney, we can connect you with one of the best lawyers in your area. This article will summarize Florida’s personal injury laws and discuss when you might need to contact a Tampa personal injury lawyer.

Understanding Florida Personal Injury Law

Personal injury law allows individuals injured by the negligence or intentional actions of others to pursue compensation for their damages. These cases address many situations, including car accidents, defective products, medical malpractice and more. Bloom Tampa Bay recently reported that personal injury cases account for more than 82% of Florida civil court filings.

Under Florida's comparative fault law, you can recover damages even if you are partially at fault for the incident that caused your injuries, but the percentage of your fault will reduce your compensation. For example, if a jury decides you were 50% responsible for causing a collision, your damages award will be reduced by half. However, you won't be allowed to recover anything if you were more than 50% responsible for the occurrence.

Statutes of Limitations in Florida Personal Injury Cases

Florida law limits how long you have to begin a lawsuit. In general, most personal injury cases must be brought within two years of the injury. However, certain types of cases have different limits (called "statutes of limitations"). These include:

• Medical malpractice. Cases relating to medical malpractice against hospitals, doctors or other providers have numerous rules and limitations. While these cases must be brought within two years from the date the malpractice occurred, there is a critical exception: If the injury isn't immediately apparent, victims have two years from when their injury was discovered or should have been discovered.

• Nursing home abuse. Cases involving Tampa nursing home abuse are disturbingly common. You must file a lawsuit within two years of the time the victim became aware of the abuse or should have become aware of it. However, this period can be extended up to seven years if there is evidence that the nursing home or its staff concealed the abuse. If the victim is mentally incapacitated, the limitations period may not begin to run until they regain their capacity.

• Wrongful death. Representatives for a decedent's estate must begin wrongful death claims within two years after the date of death.

• Assault and battery. Victims of assault or battery must begin a civil case to recover their damages within two years of the date of the incident.

• Premises liability. Individuals must bring premises liability cases (such as slip-and-fall claims) against the property owner within two years after the incident.

• Suing a municipality. Plaintiffs who wish to sue a government or municipal entity (for example, wrongful death claims against a police department) have just six months to file suit.

Calculating how long you have to file a personal injury case can be more complicated than it seems. You may meet one of the many exceptions that extend the time you have to file a case. An experienced Tampa personal injury attorney can help you understand whether you can file a lawsuit or pursue other options to recover compensation.

Can a Tampa Injury Lawyer Help You Pursue a Personal Injury Claim?

To recover damages in a personal injury lawsuit, a plaintiff must demonstrate that their injury or harm was caused by another party's negligence, recklessness or intentional actions. In cases involving minors, parents or legal guardians can pursue a claim on behalf of their injured child.

If a person dies as a result of the negligent, intentional or reckless actions of another person or entity, their personal representative can file a wrongful death claim. This claim compensates the decedent’s surviving family members for their losses. However, the process is complicated, and in such cases, an attorney who specializes in wrongful death cases can provide assistance.

Damages in Florida Personal Injury Cases

Personal injury plaintiffs may be entitled to various types of damages, including economic damages (tangible losses such as medical expenses, lost wages and property damage) and non-economic damages (intangible losses like pain and suffering, emotional distress and loss of enjoyment of life).

In rare cases, a jury may also award punitive damages to punish and deter especially terrible conduct. The defendant’s behavior has to be especially appalling (for example, the St. Petersburg hospital found liable for abusing Maya Kowalski). Punitive damages awards are limited to three times the amount of compensatory damages, or $500,000, whichever is greater.

There is no limit or "cap" on the amount of economic and non-economic damages a personal injury plaintiff can recover in most cases. Florida Supreme Court decisions in 2014 and 2017 struck down the provisions of state law that previously implemented caps on wrongful death and medical malpractice cases.

No-Fault Car Insurance in Florida

Florida is a no-fault car insurance state. All Florida drivers must carry Personal Injury Protection (PIP) insurance coverage. If you are injured in an auto accident, you must seek compensation from your insurance coverage first, regardless of who was at fault. PIP covers your medical bills and lost wages up to a specific limit. You should consult a Tampa personal injury lawyer if you sustained damages exceeding your coverage or can't recover from an insurer.

How Can a Tampa Personal Injury Attorney Help You?

Florida personal injury attorneys typically handle all aspects of a case, allowing you to get back to your own life and recovery. A skilled Tampa personal injury attorney can help you navigate the legal system, communicate with insurance companies and advocate for your best interests.

If necessary, they will file a lawsuit and pursue your case through litigation. They will help you understand the value of your claim and attempt to negotiate a settlement. If your case goes to trial, your attorney will fight to get you the maximum compensation the law allows. Don't risk losing your right to recover what you deserve–a skilled attorney can help you get the compensation your case is worth.