Bone fractures can be costly to treat in Tampa, Florida. Be it the hospitalizations, surgeries, medications, or doctor’s appointments—you may end up spending a significant sum on them. Your health insurance might not be able to cover everything.
However, if your broken bones were the result of a workplace accident or someone’s negligence, you could make another party compensate for your injury-related expenses. A Tampa broken bones lawyer from the Law Offices of Anidjar & Levine can help file your insurance claim or lawsuit against them.
Liability in a broken bone case
Depending on what kind of accident occurred, there could be several parties at fault for your bone fracture injury.
A property owner or tenant could be at fault in a slip and fall. A truck driver, trucking company, road contractor, or vehicle manufacturer can be liable for a highway truck collision. Meanwhile, you can hold a dog owner responsible if their dog bit or hurt you in any other way.
Once you identify all liable parties, you can include them in your claim or lawsuit to recover compensation from them.
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Your recovery options also depend on the incident that caused the injury. For instance, Tampa employees can typically file a workers’ compensation claim with their employer if they had a workplace accident.
Meanwhile, if you had a major bone fracture in an auto accident, you could exercise your right to damages through an insurance claim. If your injuries are severe enough, you may be able to bypass Florida’s no-fault insurance law and take action against the liable driver or company.
If you file a third-party claim, you will be dealing with the at-fault party’s insurance provider. It is less time-consuming and expensive since there are no court fees or jury involved. However, the insurer will likely take their client’s side to reduce the amount they have to cover. They could try to understate the party’s fault to achieve this.
In a broken bones lawsuit, a judge or jury will review your and the other party’s evidence to determine how much you should recover. A Tampa broken bones lawyer with our firm can assess your situation to see what compensation options will work best for you. We will also help you compile evidence such as surveillance footage or photos. These can help identify the liable parties and further prove their fault.
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Available broken bone damages
A broken bone claim or case may help you recover from the costs of your bone fracture. These include hospital bills and medication expenses. The wages you lost while recovering may also be reimbursed, and you may also get compensated for your pain and suffering. Compiling receipts, invoices, and other records of your injury-related expenses early on will help ensure that your damages are calculated accurately.
A Tampa broken bones lawyer with our firm can represent you when negotiating with the insurance company or presenting in court. They can also speak for you if you decide to settle privately with the other party.
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Laws affecting your broken bones case
Various laws could apply to your Tampa broken bone case, depending on the circumstances around it.
For example, Florida’s dangerous dog laws would become relevant if the injury resulted from a dog bite. A Tampa broken bones lawyer with our firm will study the local laws and check which ones apply to your injury. For instance, if it resulted from a slip and fall caused by a wet floor, the attorney can ensure that the evidence complies with Florida Statute § 768.0755.
Here are other laws that generally apply to broken bone cases:
Comparative negligence reduces damages
Under Florida’s comparative fault law, your recoverable damages can get deducted if you share some liability in your Tampa broken bone case. The amount depends on the fault percentage.
Suppose the court finds you 35 percent responsible for the incident. This means that you can only recover 65 percent. If the total was $420,000, you could only get $273,000. Finding as much evidence as possible can help reduce the fault you may share.
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File your case on time
Florida Statute § 95.11(3)(a) establishes a general four-year time limit for filing a personal injury lawsuit, regardless of whether the at-fault party injured you intentionally or not. But if you are filing a workers’ compensation claim for your broken bone injury, you have two years to do so.
Missing your deadline may result in the case’s dismissal, so it would be best to get started early to avoid any last-minute hurdles. Fortunately, the Tampa broken bones lawyer with our firm can work with you to finish tasks faster and ensure that you follow the statute of limitations. They can also check for tolling exceptions to determine exactly how much time you have left.
Get legal support today
Taking legal action on your own while still dealing with your bone fracture injury may distress you even further. Working with our Tampa broken bones lawyer with our firm can help ease the workload. We know the relevant laws, can guide you through each legal process, and can negotiate for a fair settlement. As our attorneys work on contingency-fee agreements, you do not pay anything until you win.
The Law Offices of Anidjar & Levine provides legal assistance for personal injury cases throughout Florida. To learn more about our lawyer services, you may call 1-888-843-8246. Your initial consultation with a member of our team is free.
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