Sarasota, Florida, offers residents temperate weather, a beautiful coastline, and diverse cultural institutions. It’s no wonder why people all over the country move to Sarasota. However, as tranquil as beach life is, there are still risks. People in Sarasota are just as likely as people anywhere else to be harmed in an accident caused by another person’s negligence.
You may face huge medical bills and lose income due to injuries caused by someone else’s negligence or recklessness. Fortunately, you don’t have to suffer in silence. You can seek compensation from the person who harmed you. The Sarasota personal injury lawyer at James Horne Law can guide you through the legal process and help you fight for fair compensation.
James Horne Law—Personal Injury Attorney in Sarasota
You don’t have to navigate the legal system alone. At James Horne Law, we understand the physical and emotional stress an accident can cause. Our Sarasota injury attorney has a proven track record of successfully advocating for people who’ve been injured due to someone else’s negligence. We’re not afraid to go toe to toe with insurance companies and defendants at the negotiation table or in the courtroom. We’ll fight hard to get you the compensation you deserve.
Types of Personal Injury Cases
The Sarasota personal injury lawyer at James Horne Law handles many different types of personal injury cases, including:
- Automobile accidents,
- Truck accidents,
- Motorcycle accidents,
- Slip and falls,
- Premises liability,
- Pedestrian accidents,
- Birth injuries,
- Nursing home abuse,
- Medical malpractice, and
- Wrongful death.
We may be able to handle your case even if it isn’t listed here. No case is too complex for our experienced litigation attorney. Give us a call to see if we can help you.
Personal Injury Basics
If you were injured in an accident, you might wonder if you can pursue a personal injury claim against the person who caused your injury. You might be able to file a personal injury case if your injuries resulted from another person’s actions or inactions. Generally, you must prove the legal elements of negligence to succeed in a personal injury case. The elements you must prove are:
- Duty—the person who caused the harm owed you a duty to exercise reasonable care under the circumstances;
- Breach of duty—that person did not exercise reasonable care when they acted or failed to act;
- Causation—the breach of duty caused you harm; and
- Damages—you suffered injuries due to the other person’s breach of duty.
The negligence standard examines what a reasonable person would have done under the circumstances and compares it with the actions of the person who caused you harm. For example, a reasonable person would obey traffic laws when driving because they have a duty of care towards other people on the road. If the person who harmed you was speeding or didn’t stop for a red light, they’ve likely breached their duty of care.
Wrongful Death Claims
Many people are injured due to another person’s negligence but fortunately survive. However, there are times when someone dies due to another person’s negligence. In this situation, the deceased person’s representative can bring a wrongful death claim against the person who injured the deceased person. Typically, the deceased’s will names their personal representative. That personal representative can file a wrongful death claim on behalf of the estate. A court can appoint a personal representative if the deceased did not leave a will.
Wrongful death cases are complicated because they involve negligence and wills and estate law. You should contact a personal injury lawyer near Sarasota to help you better understand wrongful death claims.
Compensation Available in Personal Injury Cases
If you’ve been suffering from an injury because of another person’s negligence, you may have a stack of medical bills and are worried about how you’re going to pay them. Fortunately, Florida law allows injured victims to receive compensation through a personal injury claim. When you speak with a Sarasota injury lawyer, they’ll discuss the facts of your case and explain the potential compensation you may be able to recover.
Florida makes various types of damages available to victims in personal injury cases. A type of damages you may be able to recover is compensatory damages. Compensatory damages include:
- Past and future medical expenses;
- Lost wages, including an estimate of future, lost wages if you are still unable to work;
- Property damage;
- Pain and suffering;
- Emotional distress damages;
- Loss of consortium; and
- Wrongful death damages.
Compensatory damages compensate you for your losses. They’re meant to place you in the position you were in before the accident.
It’s important to note that Florida is a comparative fault state. This means if you are partly responsible for the accident, a court will reduce your damages in proportion to your percentage of fault. However, in Florida, you can still recover some damages even if you are more than 50% at fault for the accident. You should speak with an experienced Sarasota personal injury lawyer to discuss your case and potential recovery.
Time Limits for Filing Personal Injury and Wrongful Death Claims
Every legal claim has a filing deadline, which is called the statute of limitations. If you miss this deadline, you generally can’t bring a case to court, even if you have a strong case. The Florida statute of limitations for personal injury cases is four years. Although this may seem like a lot of time, your case may require a lot of investigation work before filing a lawsuit, so you should start evaluating your legal options as soon as you can.
The statute of limitations is significantly shorter for a wrongful death claim. In Florida, you have only two years to file a wrongful death case in court. You should speak with a personal injury attorney as soon as possible to make sure you don’t miss a deadline.
Contact Our Sarasota Personal Injury Attorney Today
The last thing you need when recovering from an injury is to haggle with an insurance company or figure out how to file a personal injury case. Sarasota personal injury lawyer James Horne is here to help. James Horne Law will collaborate with you to develop an aggressive and effective strategy to seek the compensation you deserve. We’ll fight for you in court so you can focus on recovery. Contact James Horne Law today by phone or online to find out how we can help you.