Fort Walton Beach Personal Injury Lawyers

In most cases, this means that you will have to prove the following: 

• You were injured
• Your injury led to measurable damages
• The defendant owed you a duty of care 
• The defendant failed to uphold this duty of care
• The defendant’s conduct was the proximate cause of your injuries 

If you were involved in a motor vehicle accident, you will also have to prove that you sustained a “serious” injury (as defined by the state) in order to step outside Florida’s no-fault auto insurance system and bring a lawsuit against the liable party. 

Determining Liability in Your Case 

One of the most important elements of any personal injury claim is the question of liability. “Liability” refers to an individual or entity’s legal responsibility to another person or party. In other words, the liable party in your case is the one responsible for paying your damages. 

Most often, the person or party that directly or indirectly caused your injuries is the one responsible for your damages. For example, if you sustained a traumatic brain injury in a crash with a drunk driver, the drunk driver would be liable, as they negligently broke the law by driving while impaired. If you slipped and fell on a wet floor in a grocery store, and there were no signs warning you of the dangerous condition, you could hold the store owner or manager liable for your resulting damages. 

In some cases, fault is shared between multiple parties, including the victim. If you were partly to blame for the incident that caused your injuries, you could still have a case under Florida’s pure comparative negligence rule. This rule allows you to seek compensation for your damages, but the amount you can recover will be reduced by your percentage of fault. 

For example, if you are found to be 20% at fault for the incident, you can only recover up to 80% of the amount you are seeking in damages. Depending on the amount you are seeking, this could mean the difference between thousands or even tens of thousands of dollars in your pocket. This is why it is extremely important that you work with a skilled personal injury lawyer who can investigate the incident and determine whether you were truly partially to blame. 

How Much Is a Personal Injury Case Worth? 

Without a review of your case, it is impossible to say exactly how much your personal injury claim could be worth. This is because the value of a personal injury claim depends on many unique factors specific to each individual case.

Some of these factors include: 

• The severity of your injury 
• The cost of your medical care 
• Your degree of fault (if any) in causing the injury 
• Whether fault is shared between multiple parties
• How your injury affects your everyday life 
• The extent of your pain and suffering
• Projected future care costs and other expenses 

At the Law Office of J.J. Talbott, we evaluate all relevant factors when determining how much a client’s claim might be worth. Our attorneys consider your current needs, as well as the long-term impact of your injuries. Then, we fight for every penny you are owed.

Depending on the specific details of your case, you could be entitled to compensation for the following damages: 

• Medical expenses 
• Future care costs 
• Rehabilitation 
• Lost income/wages
• Loss of earning ability 
• Loss of future earnings
• Pain and suffering 
• Emotional distress and trauma 
• In-home assistance and care
• Miscellaneous out-of-pocket expenses 

If your loved one passed away due to the negligent, reckless, or careless conduct of another, you could be entitled to file a wrongful death lawsuit and seek certain damages meant to compensate you and your family for the emotional and economic losses you have endured.