Many people with legitimate personal injury claims have walked away empty-handed. That’s why you need to consult with our Orlando personal injury attorneys as soon as you can after an incident. Because as much as the body of evidence proving that you do deserve compensation is important, it is equally vital that you have good legal representation. As an experienced Orlando personal injury law firm we can help you protect your rights. When you suffer a personal injury – if it is through no fault of your own – you must be prepared to do battle with insurance companies, employers, drivers, pet owners, home owners and equipment manufacturers.
You could be drawn into a legal contest with an organization that has a large war chest. They’ll retain the best lawyers available and will even hire private investigators to prove that your injuries are not as severe as you claim them to be. As Orlando personal injury attorneys who have many years experience fighting on our client’s behalf in the courts of Florida, the Badgley Law Group is the legal team you want by your side when you start off your quest for compensation.
We have handled a wide number of cases ranging from those involving a couple of thousand dollars to those seeking compensation in the millions. We believe no one should be penalized financially because of their injuries while the person(s) or organization who caused it walks away with no consequences. We are a personal injury lawyer that is persistent, aggressive and committed to each client whose case we take up. We have a string of victories over the years to prove it.
Personal injury is a broad domain. An injury can happen anywhere and under many circumstances. The objective of a personal injury claim is for the injured party to obtain compensation in the event that someone else causes them harm either intentionally or due to negligence. That’s where the services of a personal injury attorney come in. Here are the most common types of personal injury claims we deal with:
People go to doctors for correct diagnosis and treatment that eventually leads to recovery. Unfortunately, things do not always go according to plan. Medical malpractice cases arise when a health care professional such as a doctor or nurse fails to offer reasonable care thus causing the injury of a patient.
A medical malpractice case seeks to prove that the health care professional had a duty of care to the patient, failed in that duty and that the failure caused injury to the patient. Medicine is a complex field so malpractice suits are fairly complicated. The case will heavily rely on experts to break down practice and procedure.
By far the highest number of personal injury claims in the United States are the result of vehicle accidents. In Florida alone, there were crash_facts_2015more than 243,000 car accident injuries in 2015. Collisions may involve passenger cars, trucks, buses, motorcycles, bicycles, golf carts, ATVs and/or pedestrians. Most accidents happen because one or more parties were not respecting the rules of the road or exercising as much reasonable care as they ought to.
Slip-and-fall claims are quite common and could happen anywhere from a friend’s house to the grocery store. The property owner may be deemed responsible for slip-and-fall injuries that occur on their premises. This is especially true in cases where the court determines that the injuries could have been avoided if the owner kept the property reasonable free and safe of hazards.
Hazards that can potentially cause slips or falls include improperly waxed floors, wet floors, bulging carpets, chipped stairs, broken floor tiles and poor lighting. These claims can be difficult since it is contingent on the plaintiff proving that the property owner should have fixed the problem but didn’t or that they failed to warn occupants of the problem. Not every fall will be the owner’s fault. The court will also determine if the injured person’s own conduct exacerbated the risk.
Workplace injury may refer to immediate physical injuries such as broken limbs or long-term health conditions such as asbestosis. Thousands of people are hurt in Florida workplace accidents each year. Ordinarily, these would be covered by workers’ compensation insurance. Sometimes though, the worker may experience injury whose cost cannot be covered by workers’ compensation insurance alone. In this case, a personal injury claim against the recklessness or negligence of another party could seek benefits that will bridge the gap.
Employees may also be entitled to rehabilitation benefits that cover not just physical therapy but also vocational rehabilitation. Vocational rehabilitation is training for a new kind of job in the event the victim can no longer perform their previous job role. Workers’ compensation laws and procedures can be confusing for the layperson to understand. That’s why it is vital that you or an injured loved one contact our Orlando personal injury attorneys at the Badgley Law Group that will guide you throughout the process.
Each year, thousands of people in the United States are bitten by dogs and other animals. Owners or other responsible parties can be sued for injuries caused by animals under their care. If you have been bitten by a dog, seeking immediate medical attention is crucial. The dog bite may cause serious bacterial infection or a disease that could lead to death if left untreated. Illnesses such as rabies are incredibly rare among domestic animals nowadays but there is no harm in seeing a doctor just to make sure.
Florida follows the strict liability principle when it comes to dog bites. This means the dog owner is liable if the animal attacks someone. This is regardless of whether the owner tried to protect the victim or was unaware that their dog could be dangerous.
Have you been injured anywhere in Orlando, FL? Talk to the dedicated, aggressive and experienced Orlando personal injury attorneys at Badgley Law Group today. We do not charge any fee upfront and will work with you to secure your interests and obtain appropriate compensation.
Insurance companies and the at-fault party will do all that is within their power to avoid paying compensation. As profit-driven enterprises, insurers in particular will look for any legitimate loophole they can exploit to pay a minimal amount or not pay the claim at all. This is where self-representation can place you at a disadvantage.
Insurance firms deal with numerous claims each day and are experts on the system. It is only fair that you too have an expert on the personal injury claim process by your side. It will not only increase your chances of victory, but also makes sure you receive a comprehensive payout that covers all the bases.
You do not have to suffer in pain and financial stress while there is a solution that can make your injuries a little more bearable. Speak to an Orlando personal injury lawyer at Badgley Law Group.
No one expects to get into a car accident or any other serious accident. When it happens, most accident victims have numerous questions about what to do and what the legal process looks like.
At Badgley Law Group, we represent clients throughout Orlando and central Florida in a range of personal injury claims. Our attorneys have the answers you need. We will help you through every step of the process personally. Peruse the questions and answers below and contact an experienced lawyer from our firm.
Every personal injury incident is different. Nevertheless, what you do immediately after it happens can have significant consequences on your well-being and your future claim. If the injury is sudden and severe (e.g. following a serious car crash), the first thing to do is call 911 and/or law enforcement. You’ll receive emergency life-sustaining care at the scene before proceeding to the hospital for more comprehensive treatment.
Even if you do not consider your injures significant, it is vital that you see a doctor as soon as you can. This is not just important because the injuries may be life-threatening. It also creates a document trail that will prove useful when you eventually file a compensation claim.
If your injuries allow you, gather as much evidence from the incident as you can. Take photos of your injuries and the scene. Obtain the contacts of any witnesses. Do not accept liability even if you believe your own negligence may have partially caused the incident. Get in touch with an Orlando personal injury lawyer who will liaise with the insurance company and at fault party on your behalf.
Insurance companies are subject matter experts in the claims process and handle numerous injury cases each day. You as the injured party likely do not have a similar grasp and could even be dealing with the first claim in your life. It is therefore important that you exercise great caution in your dealings with insurers.
If the insurance company offers a settlement or asks for a written statement, you should not agree before getting in touch with an Orlando personal injury attorney. The insurance company will frame questions in a way that could see you say something you did not intend to or was not aware would be detrimental to your case.
An attorney ensures that if a statement has to be provided, the wording is appropriate.
Since personal injury attorneys usually charge on a contingency basis, the first thing we’ll do is to examine all the facts and determine whether there is a realistic chance for compensation. A personal injury claim must have three elements: evidence of injury, liability of the party that caused the injury, and the at-fault party’s (including through their insurance company) ability to pay.
Personal injury cases vary widely and there is no guarantee that you’ll get a specified amount of money. The courts will not necessarily award you the damages you ask for. Ultimately, the compensation will depend on a number of factors.
Personal injury cases have two types of damages: economic and noneconomic. A victim can be awarded damages for past and future losses. Economic benefits include wage loss, deterioration of vehicle value, medicine prescription costs, travel costs for doctor appointments and insurance co-pays. Examples of noneconomic damages are emotional distress, pain, suffering and loss of life enjoyment. For serious injuries, noneconomic costs may actually exceed economic damages.
The time each case takes depends on several factors. In a nutshell, how long your case eventually lasts mainly depends on how resolute the other party is in not paying the claim. On average, cases will take anywhere between 12 and 36 months. The overwhelming majority of personal injury cases are settled before they get to trial.
One of the ways you can increase the chances of a settlement is (with assistance from your attorney) gather all the requisite evidence including expert opinion that would make your case compelling.
Insurance companies will make a pragmatic judgment call by settling cases where they see a high likelihood of losing at trial. As opposed to incurring huge costs and time yet still end up eventually paying benefits, the insurer will cut its losses by settling. If the case gets to trial, you can expect the timeframe for conclusion to be considerably longer.
Serious injuries can ramp up medical bills fast both for the immediate emergency treatment as well as long-term care. Government benefits and your health insurance cover may be unable to cope with the avalanche of bills that could rapidly accumulate into the tens of thousands of dollars.
The personal injury claim is supposed to cover these costs. However, claims will take a while to be paid even in cases where they are settled before trial. Many health care providers are well aware of this and will continue to treat you on the premise that they’ll be paid once benefits are eventually received.
In the event that your doctor is unwilling to continue treating you without payment, get in touch with Badgley Law Group to explore what options are available to you. As persons who regularly liaise with medical professionals, our personal injury attorneys can provide recommendations on which providers would be open to treating you until your case is resolved.
It may be difficult to draw a realistic estimate of future medical costs before your treatment is concluded. Thus, the attorney will monitor your medical progress over the following weeks and months by gathering reports from your doctor. This continues until you are at the point of maximum medical improvement (MMI) i.e. your medical condition has been resolved or your recovery has plateaued.
The doctor may then assign a permanent impairment rating in accordance with American Medical Association guidelines. A settlement demand is thereafter prepared and presented to the insurance company. If the insurer fails to offer a reasonable payment, the case goes to trial where it could remain for months or a couple of years.
The collateral source rule is a principle in Florida state law that prohibits the defense attorney from using evidence of collateral payments (such as insurance benefits covering your medical bills) as a basis for reducing economic damages due to the claimant. This rule does not however apply to government benefits such as Medicaid or Medicare.
The rationale is that your personal health insurance cover was a deduction from your income and you should not therefore be penalized for planning for and taking charge of your future medical costs. This is as opposed to Medicaid or Medicare where you have a right to it without having to earn it.
Most personal injury cases will involve two parties: the victim and the at-fault party. Sometimes though the fault lies with more than one person and could even include the victim. For example, if a pet-sitter removes the leash from a dog that has already been identified as dangerous, you can bring a suit against the dog owner (under the strict liability rule) and the pet-sitter.
Florida is a comparative negligence state. That means when a person is injured, the court makes a determination of how many persons were at fault and to what extent. Therefore, if the other party was the main cause of the accident but you are deemed to have been 25% responsible, the amount awarded to you will be reduced by 25%.
We evaluate cases beforehand to see what are the chances of winning. However, no attorney can guarantee success as the decision ultimately lies with the jury. If you lose the case, we may submit a motion requesting a new trial. This will usually be denied unless something very serious took place during the trial. From this point, you can file an appeal at the Florida District Court and, in rare cases, the Supreme Court of Florida.
There is no legal obligation to use an attorney in a personal injury claim. While your case will be determined by the facts and circumstances of the event, getting a lawyer increases your odds of victory and the amount of compensation.
We handle personal injury claims on a contingency fee. This means we obtain our fee and costs from the compensation that’s paid to you. Thus, if there is no recovery there’ll be no attorney fee. You never had to dip into your pocket to pay us.
Are you wondering if your life will ever be the same after your accident? Your case deserves a skilled and experienced attorney who is an expert in the area of personal injury law.