Lakeland Personal Injury Lawyer

What This Page Covers:

• Comprehensive Support: Dismuke Law provides experienced legal representation and compassionate care for personal injury victims in Lakeland.
• Types of Compensation: Clients may recover damages for medical expenses, lost income, pain and suffering, and more.
• Case Building: Our firm thoroughly investigates accidents to determine liability and maximize compensation.
• Impact of Comparative Negligence: In Florida, your compensation can be reduced if you are found partially at fault for the accident, making it essential to establish clear liability.

When life takes an unexpected turn and you find yourself facing the aftermath of an accident or injury, the Lakeland personal injury lawyers with Dismuke Law are here to provide you with legal representation and compassionate support. Dave Dismuke has years of experience and a deep understanding of the complexities of personal injury law. He is committed to fighting for the rights of his clients and securing the compensation they deserve.

Whether you’ve been injured in a car accident, truck accident, or an accident on the job that requires workers’ compensation, we are here to stand by your side. We can guide you through the legal process and help you reclaim your life. Trust us to be your advocates, as we strive to bring justice and relief to your situation.

What Damages Could a Personal Injury Lawyer Recover in Lakeland?

A lawyer from our law firm will thoroughly investigate the accident and your injuries. We will determine liability and which damages apply to you so that we can calculate how much compensation you deserve.

You may be able to recover compensation for the following economic and non-economic damages:

• Medical expenses
• Loss of income
• Lost future earnings
• Property damage
• Home modifications
• Household services
• Child care costs
• Pain and suffering
• Emotional distress and mental anguish
• Disability
• Disfigurement
• Lost quality of life
• Wrongful death

If you lost someone you love because of a personal injury we offer you our condolences. We will work to negotiate a settlement that adequately covers your losses, and if necessary, we will file a lawsuit on your behalf. We are not afraid to fight for you in court. Our firm wants to handle your case so that you can focus on healing or grieving.

What Constitutes a Personal Injury in Lakeland?

In the United States, injuries fall under tort law, which involves one party (the plaintiff) bringing another party (the defendant) to court over harm caused to their body or mind. The plaintiff and the defendant can partner with lawyers who advocate for their interests.

To recover damages, either through a claim or lawsuit, your attorney must demonstrate that:

The Negligent Party Had a Duty of Care to Act With Reasonable Caution

To use an example, imagine Steve is driving in Lakeland, and another driver rear-ends him. Assuming Steve had a right to be on the road, the second driver was responsible for driving safely and obeying traffic rules.

The Other Party Failed to Employ Reasonable Care

If the second driver knew Steve was before him yet failed to brake properly, there is a clear breach of duty. The driver should have stopped, kept a safe distance, and practiced defensive driving. However, even if the other driver did not know about Steve being in front of him, if he reasonably should have, there may still be a liability on his part. The other driver may still be held liable for negligence.

The Plaintiff Suffered Harm Because of the Negligent Party

If Steve needed hospitalization as a result of the crash, there might have been a host of social, emotional, and financial problems that followed. This misfortune may lead him to seek a personal injury attorney to pursue damages from the other Lakeland driver in court.

The Plaintiff Has Suffered Damages

More often than not, injuries cause a loss of money, which is a necessary component for personal injury suits. More catastrophic injuries tend to lead to higher settlements. Our firm can demonstrate these elements when you entrust us with your case. We gather evidence, interview witnesses, and take other measures to prove these factors.

How Long Does a Lakeland Personal Injury Lawsuit Take?

While there are exceptions to every rule, typically, you can settle your personal injury claim at any time as long as you are willing to accept less money. What is important to consider is the amount of money you may be giving up for a quick settlement. A personal injury case can take anywhere from days to years. The most common factors in determining how long a personal injury case will take are:

Is the Liability Clear?

If the defendant denies liability for the accident, it can significantly delay a claim, and the insurance company is unlikely to make a reasonable settlement offer. In these situations, your attorney must often take the depositions of the defendant(s) and any witnesses. It may even become necessary to hire an accident reconstructionist to review the evidence and recreate the accident to determine who was at fault.

Have You Reached Maximum Medical Improvement From Your Injuries?

Maximum medical improvement (MMI) is a term used by treating physicians to describe how much your body can heal from an injury. While you are healing, your medical bills will continue to increase. Until you have reached MMI, it is impossible for an attorney or insurance representative to determine the full value of your personal injury case.

What Are the Insurance Coverage Limits?

Typically, the more insurance coverage available, the longer it takes to get a full-value offer. Insurance companies are unlikely to cut big checks without thoroughly investigating a claim, including taking your deposition, having their retained physician examine you, possibly even hiring a surveillance team to follow you. Often, insurers delay a settlement to get you to accept less money for a speedy resolution.

How Much Financial Compensation Are You Requesting?

For your attorney to properly begin the negotiation process with the insurance company, they must collect all your medical records and bills from your treating physicians. The information in your medical records (i.e., complaints, diagnoses, and treatment plans) is the most important variable in determining the value of your case. Typically, these documents are obtained from your treating physicians through a written request and are received through U.S. mail. Collecting these records can be timely but is vital to your case.

Once a settlement demand is sent to the insurance company with the relevant medical records and bills, it takes some time for the insurance company to read each document and evaluate the claim. Typically, receiving the first offer from the insurer takes about 30 to 45 days. More often than not, the first offer is a “lowball” offer to dissuade the claimant from moving their case further. This means it becomes necessary to send a counter-demand or file a lawsuit.

Do You Need to File a Personal Injury Lawsuit?

While filing a personal injury lawsuit could yield compensation, it can cause a significant delay in the settlement timeline. When a lawsuit is filed, the process server has 120 days to obtain service on the defendant(s), at which point the defendant(s) has an additional 20 days to file an answer to the lawsuit.

The filing of an answer begins the discovery portion of a lawsuit. Discovery typically includes an exchange of written questions, the scheduling of depositions, and hiring experts. While negotiations can occur throughout the process, the insurance company does not typically give its best or highest offer until discovery is complete and both parties have gathered all discoverable information.

Considering all of the factors mentioned above, there are no concrete answers for how long a personal injury case will take. If you have questions about your case, our team stands ready to answer them.

Why You Should Never Speak with an Insurance Adjuster Without a Personal Injury Attorney

If you’ve been the victim in an accident, you must receive fair compensation for any injuries or damages you incurred. One thing that could stand in the way of this is speaking to insurance adjusters without an attorney.

It’s no secret that insurance companies will try to do everything in their power to pay the least amount possible for your injuries. To protect yourself, you want a personal injury law firm who will fight to ensure you get every dollar you’re entitled to receive.

These are some of the tactics that insurance adjusters use to avoid paying you the full amount you deserve:

Contacting You After Your Lakeland Accident

Insurance companies will contact you immediately following your accident in Lakeland and try to get you to agree to a settlement. This initial offer is almost always a mere fraction of the full amount you are entitled to receive. By trying to get to you early, insurers hope you will accept whatever amount they offer to save yourself the “hassle,” possibly without knowing the full extent of your injuries.

Don’t fall for this. A recent survey found that people whose cases were handled by lawyers received an average payout of $77,600. Those who did not hire legal representation received an average of $17,600. That’s a sixty-thousand-dollar difference! Don’t let an insurance adjuster cheat you out of this money.

Trying to Deter You From Hiring a Personal Injury Lawyer

Insurance adjusters will also try to tell you that the settlement they offer is superior to what you could get with an attorney. They will tell you that the contingency fees you would owe your lawyer would leave you with even less than the amount they offered. This is just not the case. Even after these costs, you could still be much better off than if you had gone through the process without representation. The survey above also found that, even after deducting contingency fees, people who hired attorneys received an average of three times larger payouts than those without representation.

Convincing You to Sign Restricting Legal Documents

Another trick insurance adjusters use is getting you to sign documents that strip you of your rights to negotiate for a higher settlement amount. By signing these documents, you have limited your potential settlement amount to whatever the insurance company is willing to offer. Don’t fall for this either. You should never sign anything from an insurance company without reviewing the documents with your attorney.

Asking You to Give a Recorded Statement

Insurance adjusters sometimes try to record you during a phone call or conversation. They may try to say that calls are recorded for “quality assurance” or something similar. Don’t let them. They will do everything they can to use statements you make against you. Even just one accidentally misspoken detail could be enough to hurt your settlement drastically. If the insurance company tries this, you should say that you won’t make a statement without your attorney present.

This is not to say that insurance is not important. If you drive a vehicle, auto insurance is a must. However, it is something of a necessary evil. Try as they might, insurance companies cannot get away with paying you less than you deserve unless you allow them to. Don’t let them cheat you out of the compensation you rightfully deserve.

Can I Appeal My Personal Injury Judgment in Lakeland?

Losing a personal injury case can be heartbreaking for either party. Whether the lawsuit is over a car accident, wrongful death, premises liability incident, or workplace accident, both sides often feel that they are in the right and deserve a judgment in their favor. Nonetheless, lawsuits almost always end with one party winning the case and the other losing.

However, if you find yourself on the losing end of a personal injury case, you may not be out of options. Depending on the details of your case, you may be entitled to an appeal.

What Is an Appeal?

An appeal is a request for a higher court to review the judgment handed down by a lower court. It is important to know that an appeal is not a second trial of your case.

When reviewing your case, the appellate court looks over the transcript, documents, and evidence from your trial in the lower court to find out whether or not any legal errors occurred. If any legal errors in the initial lawsuit are discovered, the appellate court then determines if those errors hurt the outcome of your case.

How Do I Know if My Case’s Decision Can Be Appealed?

Dissatisfaction with the judgment you received is not enough to constitute an appeal. For you to appeal the initial verdict, there must have been legal errors in the proceedings of your case that were detrimental to its outcome.

Errors that would constitute an appeal include:

• Prejudicial errors
• Mistakes made by the judge regarding the law
• Incorrect jury instructions
• Misconduct/errors committed by lawyers or the jury
• No substantial evidence

You can ask the appellate court to look into whether or not there is substantial evidence to support the lower court’s decision.

Types of Personal Injuries We Handle at Dismuke Law

At Dismuke Law, we are dedicated to protecting the rights of those injured due to the negligence of others. Our experienced team is committed to delivering justice and fair compensation across a wide range of personal injury cases.

Motor Vehicle Accidents

We specialize in representing victims of car, truck, and motorcycle accidents. Understanding the complexities of each case, we strive to secure full compensation for medical bills, lost income, and the emotional toll such accidents inflict on our clients.

Slip-and-Fall Accidents

If you’ve suffered an injury from a slip or fall on someone else’s property due to neglected safety standards, we can help. Our firm has a successful track record of proving property owner negligence and securing the compensation our clients deserve for their injuries.

Wrongful Death

Losing a loved one is never easy, especially when the loss was caused by negligence. We handle wrongful death claims with sensitivity and determination, fighting for the rights of the deceased’s family to receive compensation for funeral costs, lost future income, and the immeasurable loss of companionship.

Work-Related Injuries

We advocate for individuals who have been injured while at work, ensuring they receive the necessary medical care and compensation for lost wages and disability. Navigating workers’ compensation claims can be complex, but our expertise makes the process straightforward for our clients.

Boating Accidents

Our attorneys are well-versed in maritime law and have a deep understanding of the nuances involved in boating accident cases. We are committed to helping victims recover compensation for injuries sustained on the water due to negligence.

Rideshare Accidents

As ridesharing becomes more prevalent, so do accidents involving these services. We handle cases against major rideshare companies, addressing unique insurance and liability challenges to ensure our clients receive just compensation.

Defective Products

If you’ve been injured by a defective or unsafe product, we are here to help. We hold manufacturers accountable, aiming to secure compensation for your injuries and encouraging better safety standards.

How a Personal Injury Attorney Can Assist With Your Case

Our attorneys are deeply committed to providing top-notch legal representation to individuals who have suffered personal injuries. Our approach combines professional diligence with a keen understanding of our clients’ needs and includes the following:

Experienced Legal Guidance

Navigating the complexities of personal injury law can be overwhelming. Our experienced attorneys guide you through each stage of the legal process, ensuring you are well-informed and prepared for each step.

Thorough Investigation and Case Building

We meticulously gather and analyze all relevant evidence to construct a robust case. This includes obtaining medical records, securing witness statements, and consulting with industry experts to reinforce your claim.

Maximizing Your Compensation

Our goal is to ensure you receive the fullest compensation possible. We diligently work to recover all damages related to your injury, including medical expenses, loss of earnings, pain and suffering, and compensation for any long-term impacts on your quality of life.

Contingency Fee Basis

At Dismuke Law, we believe in making our services accessible. We operate on a contingency fee basis, meaning we don’t get paid unless we achieve a resolution of your case. There are no upfront costs to you; we only get paid if we win your case.

Personalized Attention

We value the trust our clients place in us and respond with personalized, attentive service. Our team ensures that you receive the individual care and attention you deserve, keeping you informed and involved at every turn.

Access to Resources

With extensive legal experience and a comprehensive network of resources, we are equipped to handle even the most complex personal injury claims. We use state-of-the-art technology and consult with leading medical professionals to support your case.

No-Obligation Consultation

We offer a free, no-obligation consultation to all potential clients. This initial meeting is an opportunity to explore our legal options and for us to understand the details of your case, all without any commitment on your part.

We understand that every case is unique and will tailor our approach to your unique needs and situation. 

How Can Florida’s Comparative Negligence Law Impact Your Case?

If you were partially at fault for your accident, Florida’s modified comparative negligence law may apply to your case. Under this law, your compensation will be reduced in proportion to your degree of fault. For instance, if you are found to be 30% at fault for your accident and subsequent injuries, your final compensation would also be reduced by 30% of the possible total.  

However, if you are more than 50% at fault, you’re ineligible to receive any compensation under this law. This makes establishing fault crucial so you can recover the compensation you deserve. The talented attorneys at Dismuke Law understand how vital it is to recover damages for the full extent of your losses and will fight tirelessly for the justice you deserve. 

We’re Proud of the Results We’ve Achieved for Injured Claimants in Lakeland

During your case’s progression, you want to breathe easy knowing you have an experienced lawyer. With Dismuke Law, you can do more than put your worries aside; you can feel confident about your case’s outcome.

We’ve won countless cases, from car accident claims to wrongful death lawsuits. Some of our previous case results include the following:

• Our client suffered a parent’s worst nightmare: the death of a young child. At first, the liable insurance company didn’t offer a dime. By filing a lawsuit, however, we secured $16.5 million.
• Attorney Dave C. Dismuke wouldn’t accept an insurance company’s $25,000 offer after a drunk driver hurt his client. The at-fault driver was compelled to pay $10 million in damages through a consent judgment to which all parties agreed.
• The police didn’t press criminal charges when an intoxicated driver killed our client’s loved one in a fatal crash. That did not stop us from pursuing financial justice. A jury awarded our client $7.25 million for their losses.

These are just some of the outcomes we’ve achieved for people in situations like yours.

Free Case Reviews by a Lakeland Personal Injury Attorney

If you are ready to find out how Dismuke Law can assist you, please do not hesitate to call our offices. We offer free consultations and you only pay us if we win your case. We believe in standing up against large corporations and insurance companies, helping regular people—good people—recover fair compensation for the injuries they have experienced.

Our personal injury lawyers aren’t afraid to face any opponent in these cases if it is in the best interests of our clients. However, you generally have two years to file a personal injury lawsuit in Florida, according to Florida Statutes § 95.11. Failure to file your lawsuit before that deadline could mean you lose your opportunity to hold the at-fault party liable for your damages.

Contact Our Personal Injury Attorneys in Lakeland, FL

When considering appealing a personal injury judgment or filing a personal injury lawsuit at all, it is in your best interest to consult an attorney who can review your case and determine a course of action. We can provide you with legal options and help you make a decision.

If you have a personal injury, Dismuke Law is ready to talk to you about your case in Lakeland. We provide our services on a contingency fee basis, so you pay nothing unless we win. Please schedule a free consultation to Ask Dave by contacting a personal injury lawyer today.

What Damages Are Available to Lakeland Accident Victims?

Lakeland accident victims can claim both economic and non-economic damages. Economic damages are quantifiable financial losses, including medical expenses, loss of income, lost future earnings, property damage, and costs for home modifications, household services, and child care. For example, if an accident leaves you unable to work, you can claim compensation for your lost wages and future earning potential. Non-economic damages compensate for the intangible impacts of an injury, such as pain and suffering, emotional distress, mental anguish, disability, disfigurement, and lost quality of life. These damages acknowledge the broader impact of injuries on your daily life and well-being, helping you achieve a sense of justice and financial stability as you recover from the accident.

Who Pays My Medical Bills?

Recovering medical expenses after an accident typically involves filing a claim with the at-fault party’s insurance company. Initially, your own health insurance or auto insurance might cover immediate medical costs. However, these insurers often seek reimbursement from the at-fault party’s insurer. If the other party is uninsured or underinsured, your uninsured/underinsured motorist coverage may help. In some cases, your attorney may negotiate with healthcare providers to delay payment until a settlement is reached. It’s essential to keep detailed records of all medical treatments and expenses to support your claim and ensure you receive full compensation for your medical bills.

Why Should I File a Personal Injury Claim?

Filing a personal injury claim is crucial for securing the compensation you need to cover medical expenses, lost income, and other damages resulting from an accident. Beyond financial recovery, a claim holds the negligent party accountable, potentially preventing future incidents. It also provides a sense of justice and closure for victims. Without filing a claim, you may bear the financial burden of the accident alone, which can be overwhelming. An experienced personal injury attorney can guide you through the process, ensuring your rights are protected and you receive the compensation you deserve.

How Much Is My Personal Injury Case Worth?

The value of a personal injury case depends on several factors, including the severity of injuries, economic losses, and non-economic impacts. Medical expenses, lost wages, and property damage contribute to the economic value, while pain and suffering, emotional distress, and loss of quality of life add to the non-economic value. Catastrophic injuries, such as brain or spinal cord injuries, typically result in higher settlements due to their long-term effects. An experienced attorney will evaluate all aspects of your case, gather evidence, and consult with experts to determine a fair and comprehensive valuation.

How Long Will My Personal Injury Case Take?

The timeline for a personal injury case varies based on factors such as the case’s complexity, the injuries’ severity, and whether liability is disputed. A case might settle within a few months if liability is clear and the injuries are well-documented. However, the case could take years if liability is contested or the injuries require extensive medical treatment. Reaching maximum medical improvement is crucial before settling, as it ensures all medical costs are accounted for. Additionally, the discovery process and court schedules can extend the timeline if a lawsuit is necessary. An attorney can provide a more specific estimate based on your case details.

How Much Does It Cost To Hire a Personal Injury Lawyer?

Most personal injury lawyers work on a contingency fee basis, meaning you pay nothing upfront. Instead, the lawyer receives a percentage of the settlement or judgment, typically ranging from 25% to 40%. This arrangement allows you to access legal representation without financial strain and aligns the lawyer’s interests with yours, as they only get paid if you win your case. Contingency fees ensure anyone can seek justice and compensation for their injuries regardless of financial status. Always discuss fee structures with potential lawyers to understand their specific terms and any additional costs.

What is the Statute of Limitations in Florida?

In Florida, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the injury, as per Florida Statutes § 95.11. This means you must file your lawsuit within this period, or you may lose your right to seek compensation. There are exceptions, such as in cases involving minors or when the injury was not immediately discoverable. It’s crucial to consult with a personal injury attorney promptly to ensure your claim is filed within the appropriate timeframe and to avoid any issues with the statute of limitations.

Lakeland, FL Accident Statistics

Lakeland, FL, experiences a significant number of accidents annually. Common types include car accidents, slip and falls, and workplace injuries. According to recent data, there are approximately 5,000 vehicle accidents each year in Polk County, resulting in numerous injuries and fatalities. Understanding these statistics highlights the importance of safety measures and the need for experienced personal injury lawyers to assist victims in recovering compensation. By being aware of these statistics, residents can better appreciate the prevalence of accidents and the necessity of legal assistance in the aftermath of such events.

Lakeland Personal Injury FAQs

If I file an injury claim, does that mean I have to go to court?

Not necessarily. Many personal injury claims are settled out of court through negotiations between your attorney and the insurance company. However, your case may proceed to trial if a fair settlement cannot be reached.

Should I give a statement to the insurance adjuster about my injury?

It’s advisable to consult with your attorney before giving any statements to insurance adjusters. They may use your words against you to minimize your compensation.

My accident happened a couple of years ago. Can I still file a claim?

In Florida, you generally have two years to file a personal injury claim. You may still file a claim if your accident occurred within this period. Exceptions apply, so consult an attorney.

How do I know if I have a valid case?

A valid personal injury case typically involves proving that another party’s negligence caused your injury. An attorney can evaluate your case and advise you on its validity.

What are the benefits of working with a personal injury lawyer?

An experienced lawyer can navigate the legal complexities, negotiate with insurers, gather evidence, and represent you in court if necessary, increasing your chances of receiving fair compensation.

How long will it take for my personal injury case to reach a settlement?

The timeline varies based on the case’s complexity, the severity of injuries, and the willingness of parties to negotiate. Some cases settle within months, while others may take years.

Lakeland Personal Injury Lawyer Near You

Choosing a local personal injury lawyer offers numerous benefits. A local attorney is familiar with the regional legal landscape, local courts, and opposing counsel, which can provide strategic advantages. They are also accessible for face-to-face consultations and can quickly respond to developments in your case. Additionally, a local lawyer understands the community and can provide personalized service tailored to your specific needs. By hiring a Lakeland personal injury lawyer, you ensure you have a knowledgeable and dedicated advocate close by to handle your case effectively.

Our Lakeland Law Office

Our Lakeland law office is conveniently located to serve clients throughout the region. We offer a welcoming and accessible environment where you can discuss your case with our experienced attorneys. Our office has the latest technology to manage your case efficiently and effectively. Whether you need a consultation, updates on your case, or a meeting to discuss legal strategies, our Lakeland office is here to support you every step of the way. Contact us today to schedule an appointment and begin your journey to justice.

Lakeland Emergency Rooms

Lakeland has several emergency rooms for immediate medical assistance following an accident, including Lakeland Regional Health Medical Center and Watson Clinic Urgent Care. These facilities provide critical care and can help document your injuries, which is essential for your personal injury claim. Ensure you seek medical attention promptly to safeguard your health and legal rights.

Need Help with a Personal Injury Matter?

If you need assistance with a personal injury matter, don’t hesitate to reach out to our experienced team. We are here to provide the legal support and guidance you need to navigate this challenging time. Contact us today for a free consultation, and let us help you get the justice and compensation you deserve.

Need an Attorney in Lakeland, Florida?

Hiring a local attorney familiar with Lakeland’s legal landscape can provide significant advantages. A local lawyer understands the nuances of regional laws and has established relationships within the local legal community, which can benefit your case. For personalized and effective legal representation, consider a Lakeland-based attorney.

How Do I Choose a Lawyer?

Choosing the right lawyer involves considering their experience, reputation, and client reviews. Look for an attorney with a successful track record in handling cases similar to yours. Schedule consultations to discuss your case and assess their communication style, responsiveness, and dedication to your needs. A good lawyer should make you feel confident and supported throughout the legal process.

Not Sure What Questions to Ask a Lawyer?

When consulting with a lawyer, consider asking about their experience with cases like yours, their success rate, fee structure, and how they plan to handle your case. Inquire about their communication methods and how often you can expect updates on your case. These questions can help you gauge their suitability and ensure they are a good fit for your needs.