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Recent Personal Injury Blogs:

WE REMOVE THE FEAR

of Going Through the Process of a Personal Injury Claim

The team at Dismuke Law understands how our clients are affected by accidents and brings that empathy to the courtroom and settlement table every day.

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Recent Car Accidents Blogs:

The at-fault party’s insurance company will immediately launch an auto accident investigation to reduce their payout.

This investigation includes taking statements from the parties and witnesses and collecting physical evidence, such as photographs and even the damaged vehicles.

While the insurance company attempts to avoid liability, most auto accident victims are left to deal with the personal and financial effects of the trauma. This reality is why it’s important to have a specialist on your side. We won’t let the insurance company take advantage of you.

Most people avoid doctor appointments after a vehicle accident. However, after a severe auto crash, it is important to follow medical advice to give yourself the best and fastest chance to heal.

Seek medical care immediately after an injury and avoid missing appointments with your healthcare professionals.

Your auto accident case value is determined by evidence from several places, especially your doctors. Most people who require treatment will get better; however, some catastrophic injuries require lifelong care.

After an accident, document what future needs may be necessary. It is also important to tell your doctors about past issues.

The doctors need to give opinions about new injuries and prior injuries that were possibly exacerbated. Failure to provide your doctors with accurate information may damage your credibility and undermine your doctor’s findings.

After Lakeland, FL, car accident, you must demonstrate that your injury is permanent to receive compensation for pain and suffering, disability or physical impairment, deformity, mental anguish, inconvenience, or loss of capacity for enjoyment of life.

To be considered a permanent injury, it must include:

A significant and permanent loss of an important bodily function.

Permanent and significant scarring or disfigurement.

An injury that the evidence shows is permanent to a reasonable degree of probability.

Maximum medical improvement is when an injured patient’s condition cannot be further improved or when a healing plateau is reached.

It can mean the patient has fully recovered from their injury, or their condition has stabilized, and no substantial change can be expected. Maximum medical improvement does not mean the patient will not receive future care.

Sometimes, future care is designed to help with functionality or pain levels and will not cure the condition. This kind of treatment following a car wreck is called “palliative care.” Palliative care is a multidisciplinary approach to specialized health care for people with severe conditions.

It focuses on providing patients with relief from the symptom or pain. Such therapy aims to improve the patient’s quality of life.

After getting the care you need, obtaining good advice and counsel is important for your future. Hiring the right personal injury attorneys can make a difference in your case. If you need legal assistance, contact one of our car accident specialists.

If you hire a lawyer on contingency, you will likely pay the same percentage fee whether your lawyer is a first-year lawyer with little or no experience or a board-certified specialist by the Florida Bar.

Let Dismuke Law Fight for You

Were you injured in a motor vehicle accident? Was someone else at fault? You could receive financial compensation for your medical bills, lost wages, pain and suffering, and other damages. A Sebring personal injury lawyer from Dismuke Law can help you file your personal injury claim against the liable party and work to recover the full, fair compensation you are owed. Led by Florida Bar Board Certified Civil Trial Law Attorney David C. Dismuke, we have extensive expertise in this area of law; our attorneys can help you navigate the legal process so that you can focus on healing and moving forward from the accident.

Types of Personal Injury Cases We Handle

Our Sebring personal injury lawyers are well-versed in all personal injury cases, including highly complex claims involving commercial trucking companies, severe injuries, and multiple liable parties.

At our Sebring office, we assist clients with personal injury claims involving:

  • Car accidents
  • Distracted driving accidents
  • DUI accidents
  • Motorcycle accidents
  • Truck accidents
  • Wrongful death
  • Catastrophic Injuries
  • Traumatic Brain Injury

In our years in practice, we have recovered millions of dollars for our clients, both in settlements and jury/judge verdicts. If you or someone you love was injured in any way due to the negligent, reckless, or wrongful actions of another person or party, turn to our firm to learn how we can help.

Recoverable Damages in a Personal Injury Claim 

When involved in a personal injury claim, understanding the various types of recoverable damages is crucial. These damages compensate for the losses and suffering you endure due to an accident caused by another’s negligence.

Medical Expenses

One of the most significant aspects of a personal injury claim is the compensation for medical expenses. This category covers all costs related to your medical treatment following the injury, including hospital bills, surgery costs, prescription medications, physical therapy, and any future medical care you may need. You must keep records and receipts of all medical-related expenses to support your claim.

Lost Income

If injuries prevent you from returning to work, either temporarily or permanently, you may be entitled to recover lost wages. This compensation covers the income you would have earned had you not been injured. Additionally, if your ability to work in the future is compromised, you may also seek compensation for loss of earning capacity, which considers your projected future earnings.

Pain and Suffering

Pain and suffering damages compensate for the physical pain and emotional distress caused by the injury. These damages are more subjective and can be challenging to quantify, but they play a vital role in personal injury claims. Factors such as the severity of the injury, the impact on your daily life, and the length of your recovery period are considered when determining compensation for pain and suffering.

Psychological Damages

These address the psychological impact of an accident, such as anxiety, depression, and trauma. Like pain and suffering, these damages are subjective and require substantial evidence, often including medical or psychological evaluations, to support your claim.

Loss of Consortium

You may seek loss of consortium damages if injuries affect your relationship with your spouse, which compensates for the loss of affection, companionship, and support resulting from the injury.

Speaking with the personal injury attorneys at Dismuke Law is essential to building a strong case and maximizing your recovery.

What Evidence Is Required to Prove Negligence in a Personal Injury Claim? 

Proving negligence is a fundamental step toward obtaining compensation for your injuries and losses. To establish negligence, you must demonstrate that the other party’s actions or inactions directly caused your injury. This requires presenting compelling evidence that supports each element of negligence: duty, breach, causation, and damages. 

The following is an overview of the types of evidence your lawyer may need to prove negligence in a personal injury claim.

Establishing Duty of Care

You must prove that the opposing party owed you a duty of care, which means the opposing party had a legal obligation to act reasonably to avoid causing harm. Evidence that can help establish a duty of care includes the following:

  • Legal Documents: Contracts, lease agreements, and other legal documents that outline the defendant’s responsibilities
  • Industry Standards: Guidelines and regulations that specify the standard of care expected in certain situations or professions
  • Expert Testimony: Testimony from professionals who can explain the expected standard of care in a particular context

Once a duty of care is established, you must show that the opposing party breached this duty by acting or failing to act in a way that a reasonably prudent person would under similar circumstances. Evidence to prove a breach of duty includes:

  • Eyewitness Statements: Official testimony from individuals who witnessed the defendant’s actions or inactions
  • Surveillance Footage: Video recordings that capture the incident and show the defendant’s conduct
  • Photographs: Images of the accident scene, property damage, or hazardous conditions that contributed to the injury
  • Violation of Laws or Regulations: Evidence that the defendant violated specific laws, regulations, or safety standards

Causation necessitates showing a direct connection between the opposing party’s breach of duty and your injuries. You must prove that the breach was the actual and proximate cause of your injuries. Evidence to establish causation includes:

  • Medical Records: Documentation of your injuries, treatments, and the timeline of your medical care
  • Expert Testimony: Official statements from medical professionals who can connect your injuries to the defendant’s actions or inactions
  • Accident Reconstruction: Reports and testimony from accident reconstruction experts who can explain how the breach of duty led to the accident and your injuries

Lastly, you must provide proof of the damages you suffered as a result of the opposing party’s negligence. Evidence to demonstrate damages includes:

  • Medical Bills: Invoices and receipts for medical treatments, medications, and therapy
  • Employment Records: Documentation of lost wages, including pay stubs, tax returns, and employer statements
  • Repair Estimates: Quotes and receipts for repairing or replacing damaged property
  • Personal Testimony: Statements from you and your family members about the impact of the injuries on your daily life and well-being

To build a strong personal injury case, you must gather and preserve evidence as soon as possible after the incident. This may involve taking photographs, obtaining witness statements, and seeking prompt medical attention. The personal injury attorneys at Dismuke Law can help you identify and collect the necessary evidence, ensuring your case is thoroughly documented and supported.

Why Should You Choose the Personal Injury Lawyers of Dismuke Law? 

Choosing the right personal injury lawyer may significantly impact the outcome of your case. At Dismuke Law, our team of experienced and knowledgeable attorneys is committed to providing unparalleled legal representation and achieving the best possible outcomes for our clients. 

The following are the benefits of choosing the personal injury lawyers of Dismuke Law to handle your case:

Proven Track Record of Success

Dismuke Law has a proven track record of successfully handling personal injury cases. We have secured successful settlements and verdicts for clients in various personal injury claims, including car collisions, slip-and-falls, medical malpractice, and workplace injuries. Our history of success demonstrates our ability to effectively advocate for our clients and obtain the compensation they deserve.

Experienced and Knowledgeable Attorneys

Our team at Dismuke Law is composed of skilled and experienced attorneys dedicated to handling complex personal injury cases. This in-depth knowledge enables us to craft strategic approaches tailored to each client’s unique situation, ensuring the best chance of a favorable outcome.

Client-Centered Approach

We prioritize our clients and their needs, taking the time to listen to your story, understanding your concerns, and keeping you informed during the legal process. Our approach ensures you are treated with the respect, compassion, and attention you deserve. We are committed to being accessible and responsive so you always feel supported and informed about your case.

Comprehensive Legal Support

At Dismuke Law, we provide comprehensive legal support to guide you through every step of the process. From investigating the incident and obtaining evidence to negotiating with insurance entities and representing you in court, our attorneys handle all aspects of your case with diligence and dedication.

Aggressive Advocacy

When you choose Dismuke Law, you can expect aggressive advocacy on your behalf. We are relentless in pursuing justice for clients and are not afraid to take on insurance companies or other powerful entities to secure fair compensation. We are experienced negotiators and formidable litigators, prepared to take your case to trial if necessary to protect your rights and interests.

Personalized Legal Strategies

Every personal injury case is unique, and at Dismuke Law, we believe in crafting personalized legal strategies that cater to your specific circumstances. We thoroughly investigate the details of your case, work with experts when needed, and develop a customized roadmap to achieve the best possible outcome. Our attention to detail and commitment to personalized service set us apart from other law firms.

Choosing the right personal injury lawyer is an essential decision that can affect your future. With Dismuke Law, you can trust that you are in capable and compassionate hands. 

Call A Sebring Personal Injury Lawyer Today

In Central Florida, you typically have two years from the date of the accident to bring a civil lawsuit. After the two-year statute of limitations has passed, you will almost surely be unable to seek compensation for your damages. There are certain exceptions to this timeline—such as when injuries are not immediately apparent or when you are taking action against a governmental entity—but these are rare; we encourage you to reach out to our firm as soon as possible so that we can begin the process of investigating your claim and building your case. The longer you wait, the greater the chances that evidence will be lost, witnesses’ memories will fade, and the chance of recovering the full compensation you are owed will diminish.

If you were injured as a result of someone else’s negligence anywhere in Central Florida, don’t wait to contact the Sebring personal injury lawyers at Dismuke Law. Our attorneys have recovered millions of dollars for our clients, and we are ready to fight tirelessly for you and your recovery.

Take The Next Step

We Care About Your Recovery

Seriously injured? Have no coverage? We want to talk to you and we can help. We have two convenient office locations in Lakeland and Tampa and can even come to you if you are unable to travel due to your injuries. When you’ve been hurt in Florida, 1-800-ASK-DAVE is the only number you have to remember.

WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
CLICK HERE TO FIND OUT!

Contact Us Today

WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
CLICK HERE TO FIND OUT!

Contact Us Today