Kissimmee Personal Injury Lawyer
Serving Clients Throughout Osceola County
Personal injury cases are life-changing events for you or your loved ones. They are caused by the negligence or intentional misconduct of others, resulting in serious injury or sometimes death. Many situations can provide the basis for a personal injury lawsuit, including slip and falls, motor vehicle accidents, dog bites, defective products, and much more. Likewise, personal injury cases can happen anywhere, including restaurants, theme parks, hotels, apartment complexes, etc.
If you’ve been injured because of a negligent driver, property owner or other party, they owe you compensation for your medical bills, lost wages, and in some cases, pain and suffering and other damages. Unfortunately, the burden falls on you, the injury victim, to pursue that claim and prove the other party’s liability to you. This requires proving that they owed you a duty of care, they breached that duty, and that breach caused your injury. You also have to be able to prove your injuries, including their physical and emotional components, and justify the amount of compensation you are seeking. Meanwhile, the negligent party is likely to be represented by an insurance company that might either try to settle your claim for less than its worth, deny they are liable to you, or pin the blame on you for causing the accident. All of these elements combine to make a personal injury claim a challenging, uphill climb.
Fortunately, the attorneys at Draper Law Office are up to the task. Our Kissimmee personal injury lawyers have decades of experience helping injury victims throughout Osceola County recover compensation from negligent parties and their insurers. We know how to investigate an accident, gather the appropriate evidence, and put together a strong case that proves the other party’s liability to you. We negotiate from a position of strength and strive to obtain a settlement you are happy with or take your case to trial if necessary to get a good result. Most importantly, our dedicated attorneys are by your side throughout the process, always ready to answer your questions, keep you informed and updated, and help you through any issues or problems that arise. In Kissimmee, Davenport and Celebration, you can count on Draper Law Office for helpful advice and effective representation.
What Types of Cases Do You Handle?
We maintain a comprehensive personal injury law practice that covers any type of injury or accident involving negligence in and around Osceola County. You can call Draper Law Office for help with any of the following:
- Motor Vehicle Accidents
- Slip & Fall
- Dog Bites
- Defective Product Injuries
- Swimming Pool and Drowning Incidents
- Hotel and Restaurant Injuries
- Theme Park Accidents
- Insurance Disputes
- Property Damage
- Wrongful Death
What Is Comparative Negligence?
Comparative negligence, also known as comparative fault, is a way for negligent defendants to reduce their liability to you after an accident. If they successfully convince you, or a judge or jury at trial, that you were partially to blame for your accident or injuries, then whatever amount they owe you gets reduced in proportion to the percentage of fault assigned to you. Florida follows a “pure” comparative negligence rule, so even if you are found to be more than 50% to blame, you can still recover money damages from a negligent defendant for their portion of fault.
What’s most important to understand is that the defendants and their insurance companies don’t have the final word on fault. Don’t just take their word for it if they say you are partly to blame. Bring your case to Draper Law Office for a thorough investigation and analysis into whether you should be expected to shoulder any of the fault in causing the accident. If the insurance company’s claim is unwarranted, rest assured that we will fight back strenuously against you being unfairly blamed for any proportion of the accident that does not belong to you.
What Is the Statute of Limitations?
The statute of limitations is a rule that limits how long you have to file a lawsuit. For personal injury matters in Florida, you have four years from the date of the accident or injury. In wrongful death cases, you have two years from the date of death. The applicable statute of limitations can differ depending on special circumstances, such as the age of the victim (such as a minor child), the type of case (such as medical malpractice), the status of the defendant (such as a government employee or municipal property), and more. Factors such as these can put the statute of limitations on hold, or they can create a much shorter timeframe than the usual four years. It’s essential to bring your case early to a knowledgeable Florida personal injury attorney who can assess your claim and make sure any lawsuit that may be necessary is filed inside the applicable statute of limitations. The last thing you want is to miss out on recovering compensation because of a technical mistake or because you waited too long to talk to a lawyer.
Florida Personal Injury FAQs
How long will my personal injury claim take?
This will depend on how well you respond to treatment. The insurance company for the responsible party will enter into settlement negotiations only after you have completed treatment and one or more of your doctors find that one or more of your injuries is permanent in nature. From there, both sides will try to reach an amicable resolution in the shortest period of time. If both sides cannot agree on an amount, then the next step would be filing a lawsuit against the responsible party.
How much does it cost to bring a personal injury or wrongful death lawsuit?
Nothing! The only time there is a fee is when we successfully negotiate a settlement with the insurance company or try your case in court and get a verdict/recovery. Even if your case went to trial and a jury determined that your injury was not permanent and you were not entitled to any compensation, you would still owe nothing. Our fee in a standard settlement is one-third of the settlement amount. Again, the only time there is a fee is when we successfully resolve your claim.
Do I have to pay income taxes on any compensation for my child’s personal injuries?
Compensation received on account of personal injuries is not taxable.
As I was standing on a step ladder, which I had recently purchased, it collapsed, causing me to fall and injure myself. What should I do?
After seeking proper medical attention, you should:
A) Locate the purchase invoice/receipt for the ladder;
B) Take photographs of the ladder, including all labels on the ladder, the accident site including the ground or floor area where the ladder was positioned, and your injuries, including abrasions, lacerations and bruises;
C) Locate all warranties, literature and materials which you received, when you purchased the ladder;
D) Keep, store and safely preserve the ladder and do not release possession of the ladder to anyone; and
E) Notify the store where you purchased the ladder, but do not give any statements to any other party or insurance company and, again, equally important, do not release possession of the ladder to anyone.
Do I have to pay income taxes on my recovery?
Compensation received on account of personal injuries is not taxable.
How long will it take to get reimbursed for my lost wages?
In order to make a claim for lost wages, the following three documents are required:
1)Disability slip from your treating physician stating the amount of time you are to be off work due to your injuries;
2) A letter from your employer, on company letterhead, stating the dates and times off work due to your injuries;
3) Copies of your most recent pay stubs.
If self-employed, a copy of your tax returns for the two years prior to the year of the accident.
Is my personal injury settlement taxable?
Compensation received on account of personal injuries is not taxable.
My child was bitten by a neighbor’s dog while playing inside the neighbor’s house. What should I do?
A) Seek medical attention for your child;
B) Find out whether the dog has had rabies shots;
C) Contact Animal Control to report the incident and to find out whether there are records of prior similar incidents;
D) Take photographs of your child’s injuries, including abrasions, lacerations, bite wounds and bruises;
E) Find out the name, address, and policy number of the dog’s owner’s homeowners’ insurance company.
My doctor says I have a “permanent injury”. What does this mean?
An injury is permanent if it results in:
A) Significant and permanent loss of a bodily function, or
B) Permanent injury within a reasonable degree of medical probability, other than scarring and disfigurement, or
C) Significant and permanent scarring or disfigurement, or
What is a “defective product”?
There are three different ways that a product can be defective:
1) A defect can exist in the design of the product;
2) A defect can exist in the manufacture of the product;
3) A defect can exist in the form of inadequate warnings regarding a dangerous aspect of the product or improper instructions on the use of the product that result in harm to the consumer.
What is the Statute of Limitations in Florida for filing a personal injury or wrongful death lawsuit?
The Statute of Limitations in Florida for personal injury claims is four (4) years from the date of the accident/incident and, in the case of a wrongful death claim, two (2) years from the date of death.
Who will pay for my child’s medical bills?
That depends. If the dog’s owner has homeowners’ insurance, which does not exclude dog bites, and if the homeowners’ insurance provides for medical payments coverage, then the medical bills should be paid by the homeowners’ insurance. If there is no medical payments coverage, then you will have to rely upon your own health insurance coverage or pay such expenses out of your pocket. If it is ultimately determined that the dog owner is liable, then he/she will be responsible to reimburse you for your medical expenses.
Who will pay for my medical bills, lost wages and injuries?
There are several potential defendants in a product liability claim including the manufacturer, a manufacturer of a component part, the wholesaler and the retail store where the product was sold. When consumers are injured because of a product defect, they have a right to seek compensation for their injuries and damages from the manufacturer and sellers of that defective product.
Get Help Now With Personal Injury Claims in Kissimmee and Osceola County
If you or a loved one has suffered a personal injury because of another’s negligence in Kissimmee or Osceola County, call Draper Law Office at 407-846-0075 for a no-cost, confidential consultation. Our Kissimmee personal injury lawyers can help you and will get to work right away recovering significant compensation on your behalf. Hablamos Español.
