Wesley Chapel Personal Injury Attorney
In the United States, if a person is injured as a result of another person’s or entity’s negligence, the injured party can file a legal claim to recover compensation for his or her damages. This area of law exists to protect victims of negligence and to ensure that they are not held accountable for another’s reckless or wanton actions. However, while this area of the law aims to protect victims, it can, if taken advantage of, cause financial devastation for innocent parties such as individuals, business owners, carriers, and self-insureds. To prevent that from happening, plaintiffs must prove beyond a preponderance of evidence that the defendant is in fact responsible for the accident and ensuing injuries. Despite how cut and dry a case may seem, meeting this “more likely than not standard” is not easy and often requires the skill and knowledge of an experienced personal injury lawyer.
Personal injury cases are rarely cut and dry, and even if it seems obvious that one’s injury was caused by a negligent party or a defective product, the victim still has the burden of proving that four essential elements existed:
- Duty of care;
- Breach of duty;
- Causation; and
Even if the plaintiff can prove that the aforementioned elements existed, it is still up to the final decision maker to determine if the victim’s injuries are worthy of the requested claim.
At HD Law Partners, our Wesley Chapel personal injury attorneys understand that the last thing accident victims wants to deal with while recovering from injuries is stubborn insurance companies and/or defendants and the intensive legal process. We represent victims of accidents in all types of personal injury claims. We handle everything from the filing of the claim to gathering of evidence to negotiations on our clients behalves. If necessary, we are prepared to stand by them at trial to argue their case in front of a judge and jury. our Wesley Chapel injury attorneys advocate on behalf of victims in personal injury cases that stem from car accidents, truck accidents, slip and fall accidents, and other types of incidents. We strive to ensure that the justice system remains just and that no innocent party is forced to pay for another’s mistake. If you were injured in an accident and want to make sure that the other party is held liable for your damages, contact our Wesley Chapel personal injury law firm to schedule your free consultation today.
Types of Cases We Handle
At HD Law Partners, we understand that every case is different and that each needs a unique approach, a distinctive strategy, and personalized attention. That said, almost all of the cases we handle stem from the following types of accidents:
- Auto accidents
- Truck accidents
- Product liability accidents
- Slip and fall
- Trip and fall
- Boating accidents
- Food poisoning/foodborne illness
- Assault/negligent security
Whatever the reason for your involvement in a personal injury claim, our team at HD Law Partners is prepared to help you navigate the legal process and to build a strong case on your behalf.
Types of Damages for Which We Fight
As mentioned above, accidents can cause both physical and monetary damages. For many accident victims, damages fall into both categories. Personal injuries often necessitate extensive medical care, ongoing therapy, and the need for special services and equipment. More often than not, victims are forced to take time off work, if not indefinitely then at least for the duration of recovery. Extensive medical bills combined with lost wages can create undue hardship for victims and their families. At HD Law Partners, we fight for the maximum amount of damages on our clients’ behalves. Some types of damages we routinely recover include the following:
- Medical expenses, past and future;
- Lost wages, past and future;
- Loss of earning capacity;
- Pain and suffering;
- Emotional distress;
- Loss of enjoyment of life;
- Loss of consortium; and
- Property damages.
Common Defenses of Which to be Wary in General Personal Injury Cases
In personal injury cases, the plaintiff bears the burden of proof, meaning that he or she is responsible for proving that the defendant caused the accident. Fortunately, the burden of proof is not as high as it is in, say, criminal law cases. Instead of proving that the defendant is responsible “beyond a reasonable doubt,” you just need to prove that his or her actions or inactions “more likely than not” caused the accident that resulted in your injuries. In simpler terms, this means that you are only required to show that more than 50 percent of the evidence points to a certain conclusion. Though this standard certainly makes matters more difficult for defendant, defenses exist that can move the preponderance of evidence in his or her favor. Some such defenses liability defense attorneys try to deploy are as follows:
- Assumption of Risk, which occurs when the plaintiff knowingly and willingly participated in a potentially dangerous activity;
- Mitigation of Damages, which occurs when the plaintiff failed to take reasonable measures to lessen the damages sustained;
- Pre-Existing Injury, which simply means that the plaintiff’s injury existed before the accident in question;
- Statute of Limitations, which can be used in the defendant’s favor if the plaintiff failed to file a lawsuit within the given timeframe; and
- Waivers and Releases, which can be used if the plaintiff signed a waiver or release that freed the defendant from liability.
At HD Law Partners, we are very familiar with these tactics and help our clients prepare ahead of time. When building a case, we examine it from every angle for possible holes and, if we find one, search for and obtain the appropriate evidence we need to fill it.
Retain the Help of a Skilled Wesley Chapel Personal Injury Attorney
If you or a loved one is injured in an accident caused by another person’s or entity’s negligence, you deserve to be compensated for your losses and damages. Our skilled, compassionate, and aggressive Wesley Chapel personal injury attorneys are prepared to help you fight for your rights and the compensation you need to recover in financial comfort. Contact HD Law Partners to begin building a strong case today.