Personal Injury FAQs

Personal injury laws exist to settle disputes related to injuries to another person. Generally, personal injury cases involve allegations of negligence or other wrongdoing that cause injury or harm to a third party.

To recover compensation for damages related to a personal injury, you need evidence proving negligence. The legal elements of a negligence claim are:



• The other party owed you a duty of care
• The party’s conduct breached the duty of care
• The breach of duty was the direct and proximate cause of your injuries
• You incurred damages because of the breach of duty

A Fort Walton Beach personal injury attorney will meet with you, listen to what happened to you, and provide sound legal advice regarding your claim. If you want to find out whether you have a valid cause of action, contact us now for a free case review.

There are many types of personal injury cases. Common categories include:

• Medical malpractice claims
• Car accident cases
• Truck accidents
• Motorcycle crashes
• Bicycle accidents
• Boating accidents
• Lyft & Uber accidents
• Wrongful death claims
• Workplace accidents
• Slip and fall accidents
• Pedestrian injuries 

A personal injury attorney can help you determine which category your case falls into.

Personal injury cases can be complicated and involve complex legal theories and laws. It can also be challenging and costly to investigate an accident case without the resources and skills of an experienced lawyer.

A personal injury lawyer takes numerous steps to protect your right to be compensated for your injuries and other damages. Steps that a legal team will take when handling your case include, but are not limited to:

• Perform a comprehensive investigation to determine the cause of your injuries
• Identify the party or parties liable for your damages
• Search for evidence proving causation, fault, and liability
• Explain your legal rights and the laws applicable in your case
• Provide you with support, guidance, and legal advice during each phase of your case
• Guide you through the Florida civil justice system
• Consult with medical experts, financial professionals, and other experts as necessary
• Handle the administrative aspects of your personal injury claim
• File insurance claims and monitor the progress of those claims with the insurance company
• Communicate with the insurance company and other parties on your behalf
• Document your damages and calculate the value of your claim
• Negotiate a settlement for your injury claim
• Advocate for you and argue your case at trial, if necessary

Insurance companies and at-fault parties do not have your best interests at heart. They want to avoid paying a claim whenever possible. Having an experienced personal injury attorney on your side means you have someone looking out for your best interests.

The majority of personal injury attorneys in Florida accept cases on a contingency fee basis. They are not paid until they recover compensation for your injury claim. If they do not recover money for your case, you are not responsible for paying their attorneys’ fees.

Since initial consultations are free of charge, the best way to find out how much it will cost to hire a lawyer is to schedule an appointment to discuss your case. It does not cost you anything to meet with one of our Fort Walton Beach personal injury lawyers to discuss your case.

The value of a personal injury claim is based on the damages you sustained because of another party’s negligence or conduct. The types of damages in a personal injury case include:

• Medical bills and expenses
• The cost of ongoing care, including nursing care and personal care
• Loss of income, including future lost wages and decreased earning potential
• Physical pain and suffering
• Emotional distress and mental anguish
• Rehabilitation and therapy costs
• Loss of enjoyment of life and reductions in quality of life

Generally, the more severe your injuries, the higher the value of your damages. However, many factors could impact the value of a personal injury claim.

Some of those factors include:

• The existence of pre-existing conditions
• The cost of medical care and treatment
• Whether you need in-home nursing care or long-term care
• The impact of your injuries on your career, personal relationships, and daily activities
• Allegations of comparative fault (whether you were partially to blame for the cause of your injury)
• The cost of physical, emotional, vocational, and occupational therapies
• The impact of your injuries on your quality of life
• The duration of your recovery
• The amount of time you miss from work
• The liability limits of the at-fault party’s insurance policy

Some factors can increase the value of your claim. However, other factors decrease how much money you receive for a personal injury claim. Our experienced personal injury lawyers work to minimize factors that could hurt your case while working on getting you the most money possible for your damages.

If your family member dies because of another party’s negligence or intentional acts, your family may be entitled to compensation for loss of consortium, burial costs, and loss of inheritance.

Your time to file a personal injury lawsuit is restricted by the Florida statute of limitations. If you do not meet the deadline to file a claim, you will lose your right to pursue legal action to recover damages.

In most cases, there is a two-year deadline from the injury date for filing personal injury lawsuits. However, there are exceptions to that general rule.

Some exceptions could shorten your time to file a personal injury claim. For example, if a government entity is involved, you could have just a few months to file a notice of claim to preserve your right to file a lawsuit.

It is in your best interest to speak with a Fort Walton Beach personal injury lawyer as soon as possible after an accident or injury. We encourage you to reach out to our law office online or by telephone for a free case evaluation.