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Why Sue For Personal Injuries?

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If you have been involved in a an SUV or car accident in the Tampa Bay area call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353.
Female personal injury lawyer in court presenting a spinal injury visual aid

You may have heard the term “personal injury” at some point in relation to getting hurt in an accident. But what does that term actually mean? 

A personal injury lawsuit is typically a course of action where a hurt victim has the chance to get justice through the courts. To be specific, personal injury cases can represent an opportunity for an injured party to get compensated fairly by the at-fault party who caused those injuries due to negligence. 

It is possible for victims to “go it alone” and navigate this legal process by themselves. However, most people lack the training and legal expertise of a lawyer who is experienced in handling personal injury cases.

For that reason, many victims find that they have better outcomes and higher compensation with the help of an attorney. If you have questions about whether you should file a lawsuit, we offer free consultations to discuss your case. Call (813) 229-5353 or fill out the online form to set up yours today. 

What is the Definition Of a Personal Injury Claim?

When an accident occurs, there can be more than one type of damage. For instance, there may be destruction to your personal belongings, and also to your body. The term “personal injury” usually specifies the damage to your person, such as a broken leg or a traumatic brain injury. 

That is, a personal injury is usually the physical injury from the accident which hurts you. A personal injury lawsuit may also refer to destruction of your property, but will typically also include your bodily injuries as well. 

For instance, maybe you were hurt in a traffic accident caused by someone else. Afterward, you may find yourself burdened with pain and suffering as well as financial expenses and costs for repairs. 

Depending on your case, filing a personal injury lawsuit may be your best chance to hold that negligent defendant accountable. This is because Florida laws allow for victims to be “made whole” again after facing injuries and losses from a crash. 

Accountability for personal injuries is centered around the courts requiring negligent defendants to pay for a victim’s financial recovery in addition to their pain and suffering. This is where having an experienced attorney by your side can make a big difference in your outcome. 

Negligence And Florida Law

When it comes to supporting your personal injury claim, proving negligence is often key. The term negligence is based on a legal duty of care that is owed to other people. 

Generally speaking, showing that a party was negligent usually involves providing evidence that they were less-than-reasonable in their actions. In other words, to be negligent is to act in a way that is not as careful as a reasonable person. 

In theory, a successful negligence case sufficiently shows four things: 

  • The at-fault party had a duty to show some type of care to the victim
  • The at-fault party failed to meet that duty owed
  • That failure caused an injury to the victim
  • The victim was in fact injured

If these four things can be proven, then the person who was injured can receive compensation under Florida law for the harm that was caused to them. 

What to Do After I have Suffered a Personal Injury Occurs?

Based on the four points above, an accident harming a person can take place anytime someone else is negligent. Specifically, you could suffer from a personal injury anytime someone is not sufficiently meeting their duty owed to you. 

As an example, say someone is texting on their phone while driving and not paying attention to anything else. They run a stop sign, hitting your car and causing an injury to your neck and back. Florida law requires that drivers uphold their duty of care to others. 

A drivers’ duty of care involves following traffic rules while in the driver’s seat. That person’s failure to stop at the stop sign could be proven as the direct cause of your injuries. 

If they are proven to be negligent, then you could possibly hold them responsible to pay for your pain and suffering and/or costs that came from the accident. That process could be made easier with the help of an attorney

Some types of personal injuries that we’ve helped clients with include:

What Losses Can I Be Compensated For?

There are typically two types of damages in a personal injury lawsuit from which a victim can recover. One kind of loss is economic, which usually represents the financial impact of your injury. These damages may be presented in clear numbers, since they usually are claimed in a lawsuit as monetary losses and destruction to valued items. 

Economic damages can include expenses like bills for medical care, necessary services to accomodate for your injuries, damage to your property, lost wages, and more. 

The other type of damage victims suffer from are non-economic damages, which refer to pain and suffering. Although this value is more difficult to put into numbers, there is absolutely a significance to the pain and discomfort of accident-related injuries. 

A victim’s injuries can be described in many different ways, for instance: minor, catastrophic, disfigurement, or permanent. Since different types of injuries can have different results for personal injury cases, there are ways to measure how much you have been affected by your pain and suffering. 

There are also ways to gauge the emotional distress that you have suffered from after an accident. Florida law considers a victim’s emotional impact to be separate and apart from their physical suffering due to injuries. 

When Is The Best Time To File A Personal Injury Lawsuit?

The answer to this question can be complicated and fact-specific to your case. For that reason, you should speak with a personal injury attorney to know if filing a lawsuit is your best option. Regardless, it’s important to keep in mind that there is a time limit to file a personal injury lawsuit from the day of your accident. 

Florida’s statute of limitations allows for four (4) years’ time for victims to sue for their injuries from when they are first injured–or discover their injury. After that point, you essentially lose your right to file suit and courts will most likely reject to consider your case. 

With time being such an important factor, you should speak with a lawyer right away if you were injured in an accident. We are ready to help you. Go online to get started with your no-cost attorney case review or call (813) 229-5353 today. 

How Can A Personal Injury Attorney Help Me?

You may not know the legal implications of your accident and how much your case could be worth. It is a mistake to assume that your injuries are not worth seeing an attorney about. 

Your chance to get compensation will not last forever. With a free and no-commitment consultation, you could at least find out what the lawyers at Fernandez & Hernandez could get you. 

If you were injured in an accident, call Attorney Martin Hernandez at (813) 229-5353 or fill out this form as soon as possible. Habla español. 

 

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Martin J. Hernandez, Esq.
4.9
Based on 251 reviews
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Dominique mason
Dominique mason
16:18 29 May 20
I had nothing but good experiences with Martin. He goes to great lengths to get the job done and makes sure you are... aware of all of your responsibilities. He will talk to you one on one and keep you up to speed. I am sincerely grateful and appreciative of his hard work and effort in my case.read more
Dustin Walker
Dustin Walker
12:56 26 May 20
Martin handled my case well. He was on top of everything and it seemed like my case went smoothly. I actually enjoyed... meeting with the doctor he referred me to. I wouldn't hesitate to refer Mr. Hernandez to anyone that needed legal help.read more
Jesse Jimenez
Jesse Jimenez
15:05 15 May 20
Martin and his team got me paid very fast. I got into an accident and 30 days later they got me more money for my car... and all the money there was and all within 30 days. These are the best injury lawyers in Tampa. Hire them and don't go anywhere else.read more
albert mckinzi
albert mckinzi
13:16 13 May 20
I am very thankful for the wonderful job that Martin and his awesome office staff did to settle a case for my grandma.... As people age, they do have trouble understanding legal matters and terminology & can get bewildered at times. They were very patient and explained everything in a way that could easily be understood. In this fast-paced world finding someone to have patience with older people shows true care for a client and their level of integrity, which means the world to us! I highly recommend them to anyone in need of his services. Our only disappointment was not knowing about him sooner. Thank you so much.read more
Luis Atencio
Luis Atencio
00:55 07 May 20
The right attorney for the right legal assistance! Definitely five stars for the great legal assistance of the... attorney Hernandez and his staff. Very knowledgeable and lavish with his time, I feel very satisfied with his assistance as well with the help of his assistant Sofia, which led to a satisfactory results on my case.read more
Valerie Anderson
Valerie Anderson
18:17 28 Apr 20
First I want to say Thank you Mr Hernandez for your service in our community. I truly recommend Martin for your legal... needs. My Mom had a case pending when she passed.not re Not related to the accident but Martin went over and beyond to make sure me and my brothers was compensated. Keep up the good work Mr Hernandez we ruly appreciate you.read more
Jinnifer Stanley
Jinnifer Stanley
15:39 07 Apr 20
I was in a car accident and like some people weren’t sure how to handle it. I called a few lawyers but Mr. Hernandez... was the one who appeared to be more interested, not only as a lawyer but also as a human being. He made the process very smooth. He was a very great man and a lawyer. I am very thankful to him. I would recommend him to anyone.read more
Daniel Fernandez
Daniel Fernandez
21:18 05 Mar 20
Martin Hernandez is highly regarded lawyer and a 5 star attorney. He and his staff are on top of their game. We... highly recommend this law firm and will tell you that you will not regret hiring this law firm.read more
Liliana Alvarez
Liliana Alvarez
19:33 02 Mar 20
Martin Hernandez and Daniel Hernandez are the best lawyers ever. They helped us a lot and we got great results. Thank... you!read more
Benjamin Blevins
Benjamin Blevins
17:19 21 Feb 20
This is the best auto accident lawyer in Tampa. I was involved in a car accident and did not know what to do, who to... call, who to see, find a doctor that could help me, or even what to say. I called Martin Hernandez and he sat down with me and explained everything from beginning to end. He quickly resolved me my case and got me the most amount of money possible. When people ask me who is the best lawyer in Tampa? I always Martin Hernandez is the best auto accident attorney in Tampa..read more
dylan harper
dylan harper
17:09 20 Feb 20
Martin was able to explain my case to me very well. I got good advice on what my particular options were and an honest... assessment of what I should expect going forward. When the world is falling around you its best to ask the smartest, hardest working person you can find what to do, and then do it.read more
Carmina Wilson
Carmina Wilson
16:39 19 Feb 20
I had an absolutely amazing experience with Martin’s firm. I had incurred personal injuries as a result of a bad auto... accident. His team not only treated me with respect, but they also made me feel like I was their only client. They handled my case with an astounding amount of expertise. Martin and his team is a lifesaver.read more
Katie Gulledge
Katie Gulledge
16:43 12 Feb 20
Mr. Hernandez represented me for my car accident in March 2019 and he was able to get my maximum settlement in less... than a year! He genuinely cares and has a great team of assistants that were able to answer any of my questions through the past few months.read more
cedrick wilson
cedrick wilson
15:17 05 Feb 20
I was in an accident lately and he was suggested by a friend. He met with me in person and was very punctual. He was... very calm and determined throughout my entire situation. Overall, I was extremely satisfied and impressed with Martin in reaching very positive results. I would recommend him and his office to anyone for solid advice and bottom-line results. Thank you again!read more
Tamika Jones
Tamika Jones
22:29 06 Jan 20
My experience with Martin Hernandez has been stressful not on his part. Martin has been very patient with me when I... wanted to pull every strand of hair from my head. From day one he took time to explain the process of how this was going to be but he would be there to hold my hand all the way and he did just that. His paralegal Angela walked with and held both my hands as well during all of this. When I couldn't get ahold of Martin she would make sure he got everyone of my messages. I would use his services again and recommend him to anyone. Thanks so much for all you have done and I'm forever grateful.read more
Russell Craig
Russell Craig
20:51 19 Dec 19
Very pleased with how the case was handled. I hope to never be in this position again as it was a stupid mistake but... with the help of Martin Hernandez I didn’t even have to appear in court on my own. I highly recommend using him and his team, you wont be disappointed.read more
Nicholas Nagowski
Nicholas Nagowski
22:34 14 Nov 19
Worked with Martin in Tampa, Florida. He executed on everything he promised. A well run organization. He called me... back very quickly whenever I reached out, if not answering right away. Definitely would recommend Martin to my friends and family. Thanks again for everything.read more
Mark Lenox
Mark Lenox
16:55 14 Nov 19
I was arrested for my 2nd DUI and I've reached out to Mr. Hernandez explaining my situation. He made me feel safe... through out the whole process. He helped me and extremely happy with the result. Martin knows clearly what are the best steps to take that's why I highly recommend him to anyone.read more
Kimberly McLendon
Kimberly McLendon
02:06 14 Nov 19
Martin Hernandez and his entire staff are extremely friendly,caring,knowledgeable, and treat you like apart of the... family. I hired Martin approximately 2 years ago. My case was a complicated one. But Martin Hernandez did an absolute amazing job. I was always kept current of what was going on with my case. Anytime I called, if Martin was unavailable his hard working staff got the answers I needed. I would recommend Martin Hernandez to everyone. He's dedicated to each case. If you're looking for a lawyer who doesn't just represent you,but welcomes you like family to his firm, Here's your answer. If I could give 50 stars I would. Thank you Martin& staff for all you did. Kimberly Mclendonread more
Chuck Hermanes
Chuck Hermanes
22:21 07 Nov 19
My medical bills had been piling up long before I decided to contact an attorney, and by that time the statute of... limitations was close to ending. My friend recommended Martin Hernandez who is very knowledgeable and who saved me in my situation. My medical bills are finally taken care of because of the work of Martin and his team. From the very beginning, I have no doubt that’s why he had so many great reviews from others. And I am 100% satisfied client who definitely recommend him to anyone.read more
Kymii Plur
Kymii Plur
14:49 01 Nov 19
Martin is the absolute sweetest most understanding lawyer I have ever met. He is very knowledgeable of every situation... and will get you the money that you are deserved. His staff is amazing I love everyone there I couldn't speak more highly of all of them. I would recommend Martin and his staff to my family and anyone who is in need of an attorney don't waste your time with others go see Martin he will take care of you !read more
Gabbie Bell
Gabbie Bell
09:32 26 Oct 19
Martin is very professional, marvelous , and meet all expectations far as handling my family law case.I strongly... suggest him to anyone who is in need of the best lawyer in Florida. Finest lawyer I've ever meet and i thank him for winning my case . He'll be hired by me anytime needed.read more
Johanna Gonzalez
Johanna Gonzalez
21:17 24 Oct 19
Great service. They took my case and guided me throughout the entire process with care and kindness. Thank you!
Parker Darlan
Parker Darlan
17:27 21 Oct 19
Martin and his office were very quick to respond to our inquiry and very professional. Extremely helpful and willing to... listen to the issue and address it in a timely manner. I would certainly use him in the future.read more
Stetson Madison
Stetson Madison
21:02 27 Sep 19
He has been very helpful as my attorney and made himself available whenever I needed. There has been multiple times I... wanted to just take a deal to get it over with but he has continued to work for me to get me in the best situation possible. He is very easy to work with and passionate about helping. He is not just a great lawyer but also a great human being!read more
Louie Serg
Louie Serg
15:51 13 Sep 19
My needs were met and the firm was invested in my case and me as a person. They were easily accessible, return phone... calls and emails promptly. Aggressive, when it was require and got the job done. Martin and his staff all produced the quality of an attorney and firm that anyone would want to hire.read more
Ted Esposito
Ted Esposito
16:49 07 Sep 19
I was involved in a car accident and the first person I called was Martin. He was very understanding and made it very... easy to get the insurance claims process underway. After a year of physical therapy, my case was settled and closed. Thank you so very much!read more
Arica Schmied
Arica Schmied
18:04 20 Aug 19
Amazing attorney!! Martin Hernandez and his firm are the best you'll find. I have known Martin for years and he has... helped my sister and friends in their car accident cases. I can't say enough good things. He is very knowledgeable, kind, and will treat you like family!read more
Noah Chase
Noah Chase
08:48 19 Aug 19
Mr. Hernandez is clearly very experienced - based on my interactions with him. I look for an attorney based on... integrity and experience. I found the integrity that I was looking for with Mr. Hernandez. I would recommend his services to anyone.read more
Fabian Prentice
Fabian Prentice
18:49 13 Aug 19
Martin is an amazing attorney and was able to get all 3 charges off my record. I knew I could count on him from the... moment I retained him as my attorney. He was quick to answer any questions I had and was very reliable. My case lasted over a year and he was always keeping contact with me the whole time. I would highly recommend him if you need a criminal defense attorney.read more
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