Personal Injury Attorney Serving Lakewood Ranch, FL and the Surrounding Area
Lakewood Ranch personal injury attorney James M. Horne works to assist those who have suffered due to others’ negligence, fighting to secure the justice and compensation they deserve. Suffering a personal injury because of another’s negligence can have devastating consequences for you and your family. Personal injury victims face an uncertain future as their medical bills pile up while they are out of work. Life does not stop when you get hurt. Your monthly bills will still be in the mail, and you must pay your rent or mortgage. As time goes on, you may wonder how you will get through this challenging time in your life.
Lakewood Ranch injury attorney James M. Horne is ready to help you win financial compensation for your injuries. At James Horne Law PA, we believe every case is unique and deserves personalized attention. Most importantly, we are not afraid to take your case to court if that’s what it takes for you to receive the compensation you deserve. We represent all our clients aggressively inside and outside the courtroom. Contact us today to find out how we can help you.
Types of Personal Injury Cases in Lakewood Ranch
Lakewood Ranch injury attorney James Horne has significant experience handling many types of personal injury cases. Below is a list of just some of the types of cases we have handled at James Horne Law:
- Car crashes,
- Truck accidents,
- Motorcycle accidents,
- Bicycle accidents,
- Slip-and-fall accidents,
- Drunk driving accidents,
- Animal attacks,
- Lack of security,
- Negligent employment or retention,
- Wrongful death claims,
- Nursing home abuse, and
- Medical malpractice actions.
No matter what type of personal injury case you have, you should consult with an experienced personal injury attorney in Lakewood Ranch who has a demonstrated track record of obtaining tremendous results for victims like James Horne does.
Damages in Lakewood Ranch Personal Injury Claims
Florida law allows personal injury victims to recover both economic and noneconomic damages. Economic damages include:
- Lost wages,
- Loss of future earnings capacity,
- Lost employment benefits,
- Medical bills,
- Future medical expenses, and
- Repair or replacement value for damaged property.
In short, economic damages can be calculated by adding up your financial losses. Noneconomic damages are meant to compensate you for the emotional and psychological harm caused by your accident and injury. Because non-economic damages compensate you for subjective losses, they are not easy to show. Non-economic losses include:
- Physical impairment,
- Pain and suffering,
- Disfigurement,
- Loss of ability to enjoy life,
- Inconvenience, and
- Mental anguish.
There is no formula for determining the value of noneconomic damages. Instead, the specific circumstances of your case will determine how much your noneconomic damages are worth.
In some cases, the plaintiff may also have the right to ask for punitive damages. A claimant cannot collect punitive damages for ordinary negligence. Punitive damages are imposed when the defendant’s conduct is either reckless or intentional.
Auto Accident Personal Injury Cases
Auto accident claims are among the most common personal injury cases we handle at James Horne Law. Whether you were hit while driving through Lakewood Ranch or rear-ended on I-75, these crashes can leave lasting physical, emotional, and financial challenges.
Florida’s no-fault system requires drivers to first turn to their own personal injury protection (PIP) insurance for medical expenses and lost wages. However, if your injuries are serious, you may have the right to file a personal injury claim against the at-fault driver to recover additional compensation.
Serious injuries can include:
- Broken bones,
- Traumatic brain injuries,
- Spinal cord damage,
- Internal injuries, or
- Permanent disfigurement.
We routinely represent clients injured in crashes caused by distracted drivers, drunk drivers, or reckless behavior. Our team will investigate your case, gather the evidence, and fight for the full compensation you deserve.
Wrongful Death Claims
Wrongful death damages are determined by statute. Section 768.21 of the Florida Statutes lists the type of damages recoverable in a wrongful death case, including:
- The value of lost support and services of the decedent;
- The value of future lost support and services;
- Funeral and burial services costs;
- Loss of earnings;
- Damages for the loss of companionship and protection, as well as mental pain and anguish, for the spouse of the decedent;
- Loss of net accumulations of an estate if the decedent had a spouse or children;
- Damages for the loss of parental companionship, guidance, and support for the decedent’s minor children;
- Damages for mental pain and suffering for the parents of a minor child who died; and
- Any damages or funeral expenses charged to the estate.
You may also have a right to bring additional claims against all parties who contributed to the death of your loved one. You should talk to a Lakewood Ranch personal injury lawyer as soon as possible about your rights to bring a wrongful death lawsuit.
What Do You Need to Prove in a Personal Injury Case?
In any personal injury case, you must prove four elements of negligence to hold the other party accountable:
- Duty. You must show that the other party had a legal obligation to act with reasonable care. For example, drivers must follow traffic laws, and business owners must keep their property reasonably safe for visitors.
- Breach. You need to demonstrate that the other party failed to meet their legal duty. Evidence of this might include things like running a red light, failing to clean up a spill, or not providing adequate security on a property.
- Causation. You have to connect the breach of duty directly to your injuries. In other words, you must show that you would not have been injured if the other party had acted responsibly.
- Damages. Finally, you must prove that you suffered actual harm. Proof could include medical bills, lost wages, pain and suffering, or other measurable losses.
Proving these elements requires strong evidence, including medical records, accident reports, witness statements, photographs, video footage, or expert testimony. An experienced injury lawyer can gather and present this evidence on your behalf, ensuring your case is as strong as possible when it comes time to negotiate or go to court.
How Florida’s Comparative Negligence Law Could Affect Your Case
Florida applies a modified comparative negligence rule. You may recover compensation even if you share some of the blame, but your percentage of fault will reduce your recovery.
For example, if you are 20% at fault, your compensation will be reduced by 20%. However, if you are more than 50% at fault, you are barred from recovering anything. Insurance companies often try to shift the blame to reduce their payout. Having an experienced personal injury attorney on your side can help protect your rights.
What Factors Can Influence Your Settlement or Award?
No two personal injury cases are the same. Several important factors can influence the amount you may receive in a settlement or court award. These include:
- The type of accident. Different types of accidents, such as car crashes, slip and falls, or medical negligence, can affect the evaluation of your case and what legal standards apply.
- The seriousness of your injuries. More severe injuries usually result in larger settlements or verdicts. Serious injuries often lead to higher medical bills, longer recovery times, and more significant personal disruption.
- Your long-term medical needs. If your injury results in long-term disability, chronic pain, or ongoing medical care, your claim may include future medical expenses and lost earning capacity.
- The amount of available insurance coverage. The at-fault party’s insurance policy limits may cap the amount you can recover, regardless of the severity of your injuries. However, there may be other liable parties or responsible insurance that we can explore.
- The strength of your evidence. The more clearly you can prove that the other party was at fault, the stronger your position will be when negotiating with insurance companies or presenting your case in court.
A lawyer for personal injury can review all these factors with you and develop a strategy to pursue the maximum compensation available under Florida law.
Limitations on Personal Injury Actions
Defense attorneys will use every trick in the book to either avoid or limit their client’s liability. One of the ways they will try to avoid paying you money is by claiming the statute of limitations has expired. The statute of limitations for a negligence claim in Florida is two years from the date of the accident. That means you have two years from the date of the accident to file your lawsuit. The statute of limitations for medical malpractice is two years from the time of the incident or two years from when the incident is discovered.
Missing the statute of limitations can stop your case in its tracks. If you do not file a claim within the allotted time, you lose your right to recover damages. Making sure you meet filing deadlines is just one reason you should contact a personal injury lawyer near Lakewood Ranch right away.
Insurance defense lawyers will also try to limit their client’s liability by blaming you for the accident. Florida is a pure comparative negligence state. That means a plaintiff can still recover damages even if they were partially at fault for the accident. However, the plaintiff’s award will be reduced by their percentage of fault. Insurance defense lawyers will use this law to argue that the jury should reduce your award so that their client does not have to compensate you for all your damages. For example, if your total damages are $100,000 and the jury finds you were 20% at fault, you will receive $80,000 in damages.
Why Should You Have an Experienced Lakewood Ranch Personal Injury Attorney?
A lawyer’s experience and a track record of positive results are indispensable when you need a personal injury attorney. You have only one chance to recover damages for your accident. Choosing the wrong attorney could negatively impact the outcome of your claim.
From your first interaction with James Horne during your free consultation, you will understand why he is an award-winning attorney. Your well-being and recovery are his primary concerns.
James Horne thrives on courtroom battles, where the stakes are the highest. Many personal injury lawyers claim to be aggressive advocates for their clients, but few will push insurance defense attorneys to trial if settlement offers are unfair. Instead, they might counsel you to take a lowball offer or refer your case to another attorney who will take it to court. James Horne does things differently. He goes to work immediately to create the strongest case for you and does not stop until you’ve achieved a just result.
Speak with a Lakewood Ranch Personal Injury Lawyer Who Fights for You
At James Horne Law, you are not just another case number. We take the time to get to know you, understand your situation, and fight for the best possible outcome. Our dedicated team will keep you informed every step of the way, providing the kind of personal attention you won’t find at larger firms. Contact us today for a free consultation to learn how we can help with your personal injury case. James’s compassion and tenacity are why he is among the 5% of attorneys who received the SuperLawyers designation and is listed as an AV-Preeminent lawyer by the renowned Martindale-Hubbell lawyers’ directory. Contact James Horne Law today by phone or online to schedule a free, no-obligation consultation.
FAQs About Hiring a Personal Injury Lawyer in Lakewood Ranch
How Much Does It Cost to Hire a Personal Injury Attorney?
At James Horne Law, we work on a contingency fee basis. That means you do not pay anything upfront. We get paid only if we successfully recover money for you.
Do I Need a Lawyer to File a Personal Injury Lawsuit?
You are not legally required to hire a lawyer, but having a skilled personal injury lawyer greatly increases your chances of success. We know how to gather evidence, negotiate with insurers, and fight for your rights in court if necessary.