Florida Personal Injury Lawyer

At Neufeld & Kleinberg, PA, we believe that every client deserves personalized attention and unwavering support throughout the legal process. Our firm is committed to securing the best possible results for each case we take on, and we will stop at nothing to achieve justice for you. Reach out today for a free consultation.

Whether you’ve been hurt in a car accident, slip and fall, or any other type of incident caused by someone else’s negligence, the physical, emotional, and financial strain can feel insurmountable. That’s where we come in. Our team of experienced Florida personal injury lawyers is dedicated to helping injury victims across the state navigate the complex legal landscape and fight for the compensation they deserve.

For decades, we’ve been committed to standing by the side of those who need it most. With offices throughout Florida, Neufeld & Kleinberg, PA, has established itself as a trusted resource for injured individuals and their families. We know how difficult it can be to face mounting medical bills, time away from work, and uncertainty about the future. Our attorneys work tirelessly to make the legal process as smooth and stress-free as possible while aggressively advocating for your rights every step of the way.

When you choose Neufeld & Kleinberg, PA, you’re choosing a legal team with a proven track record of success. We pride ourselves on delivering personalized attention to each of our clients, understanding that every case is unique. From the moment you contact us, you’ll be treated with care and respect, and we’ll take the time to fully understand your situation. We will thoroughly investigate your case, identify all possible avenues for compensation, and develop a strong legal strategy tailored to your specific needs.

If you or a loved one has been injured in Florida, you don’t have to go through this alone. We are here to help you pursue justice, recover compensation for your injuries, and get your life back on track. Contact Neufeld & Kleinberg, PA, today for a free consultation, and let us put our experience, knowledge, and resources to work for you.

What is a Personal Injury?

In Florida, a personal injury occurs when someone suffers harm due to the negligent or wrongful actions of another individual, company, or entity. Personal injuries can stem from a wide range of incidents, including car accidents, slip and fall accidents, medical malpractice, workplace injuries, and defective products. The key element that defines a personal injury claim is the concept of negligence or wrongdoing. For a personal injury claim to be valid, the injured party must show that another party’s negligence directly led to their injuries.

Florida law allows injured individuals to pursue compensation for various losses caused by the accident. These losses, or “damages,” can include medical expenses, lost wages, pain and suffering, and property damage. The severity of the injury, the long-term effects, and the impact on the victim’s ability to work or live normally are all considered when determining the value of a personal injury claim.

A personal injury can be physical, emotional, or even psychological. For example, injuries sustained in a car accident may include broken bones, spinal cord injuries, or traumatic brain injuries. At the same time, emotional trauma or mental anguish following an accident can also constitute grounds for compensation. Florida follows a “comparative negligence” rule, meaning that even if the injured party is partially at fault for the accident, they may still recover damages, although the total compensation will be reduced based on their level of fault.

Types of Personal Injury Cases We Handle

A Florida personal injury lawyer handles a wide range of cases involving individuals harmed due to the negligence or wrongful actions of others. These cases often require expertise in navigating the legal system to ensure that victims receive the compensation they deserve for their injuries, financial losses, and emotional suffering. Common types of cases a Florida personal injury lawyer handles include:

Car Accidents: Car accidents are among the most frequent personal injury claims involving collisions caused by negligent drivers, distracted driving, speeding, or impaired driving.
DUI Accidents: Accidents that occur while a driver is under the influence of alcohol or other substances can often have catastrophic consequences for the lives of those in the crash. Compensation is available for those impacted due to someone else’s negligence.
Truck Accidents: Truck accident cases involve large commercial vehicles, and the injuries sustained in truck accidents can be severe due to the size and weight of the vehicles.
Motorcycle Accidents: Motorcyclist accidents leave riders especially vulnerable, often leading to catastrophic injuries, and personal injury lawyers fight for their rights in these cases.
Premises Liability: Premises liability cases arise when property owners fail to maintain safe environments, leading to injuries from falls on unsafe surfaces.
Medical Malpractice: These claims are brought when healthcare professionals cause harm through negligence, such as misdiagnosis, surgical errors, or improper treatment.
Defective Products: Personal injury lawyers handle cases involving dangerous or defective products that cause injury or death to consumers, including faulty machinery, electronics, or pharmaceuticals.
Workplace Injuries: While workers’ compensation often covers workplace injuries, personal injury claims can be pursued in cases involving third-party negligence or defective equipment.
Bicycle Accidents: Cyclist accidents that have left bicycle riders injured due to negligent drivers or hazardous road conditions may have a personal injury claim to recover for their injuries.
Pedestrian Accidents: Pedestrian accidents involve someone struck by vehicles due to driver negligence, allowing those injured to seek compensation for medical bills, lost wages, and emotional suffering.
Wrongful Death: In cases where negligence leads to a fatality, the family of the deceased may file a wrongful death claim to seek damages for their loss.
Boating Accidents: Boating accidents occur when two boats collide, often resulting in catastrophic injury to the individuals on the boats. These accidents may occur due to various forms of negligence, including inexperience and intoxication.
Cruise Ship Injuries: Depending on the circumstances and the level of negligence, damages can be sought for injuries sustained on a cruise ship.

Each type of case presents its own unique challenges, and a personal injury lawyer will work diligently to ensure that victims receive full and fair compensation.

Steps To Take After a Florida Personal Injury Accident

Understanding the proper steps to take after a personal injury accident in Florida is crucial for several reasons. Following these steps ensures that your health is promptly addressed, evidence is properly collected, and your legal rights are protected. Knowing what actions to take can significantly impact the outcome of your case, from securing fair compensation to holding the responsible parties accountable.

By being informed about these steps, you can navigate the aftermath of an accident more effectively and strengthen your position should you need to pursue a personal injury claim.

Here’s what you should do:

Seek Immediate Medical Attention: Your health and well-being are the top priority. Even if you feel fine, get checked by a medical professional to identify any potential injuries that may not show symptoms right away.
Report the Incident: Depending on the type of accident, report it to the appropriate authorities. For example, contact law enforcement for car accidents to generate a police accident report or notify the property owner if you were injured in a slip-and-fall.
Gather Evidence: Document the scene by taking photos or videos of your injuries, property damage, and any relevant conditions that contributed to the accident (e.g., wet floors, broken equipment, or skid marks).
Collect Contact Information: Obtain the names, phone numbers, and addresses of any witnesses, as well as the at-fault party’s contact and insurance information, if applicable.
File a Police Report: For incidents like car accidents, make sure a police report is filed. This document can serve as important evidence when filing an insurance claim or personal injury lawsuit.
Avoid Speaking to Insurance Adjusters: Be cautious when dealing with insurance companies. Insurance adjusters may try to get you to accept a low settlement or admit fault. It’s best to consult a lawyer before making any statements.
Keep Detailed Records: Document everything related to your accident, including medical treatment, missed work, hospital bills, and any communication with insurance companies.
Consult with a Personal Injury Lawyer: Contact an experienced Florida personal injury lawyer to review your case. They can help you navigate the legal process, protect your rights, and pursue the maximum compensation you’re entitled to.

By following these steps, you can safeguard your health and legal options after a personal injury accident in Florida.

How Florida Personal Injury Lawsuits Work

Personal injury lawsuits in Florida are legal processes designed to seek compensation for individuals who have been harmed due to the negligence or wrongful actions of others. Understanding how these lawsuits work can help you navigate the legal system more effectively if you find yourself involved in such a case.

The process typically goes as follows:

Consultation with an Attorney

Initial Meeting: The process often begins with a consultation with a personal injury lawyer. During this meeting, you’ll discuss the details of your case, including how the injury occurred, the extent of your damages, and any evidence you’ve gathered.
Case Evaluation: Your lawyer will evaluate the strength of your case, advise you on the potential for success, and explain your legal options.

Filing a Complaint

Drafting the Complaint: If you decide to proceed, your attorney will draft a legal document called a complaint or petition. This document outlines your allegations against the defendant and specifies the damages you are seeking.
Submitting to Court: The complaint is then filed with the appropriate Florida court, and a copy is served to the defendant.

Discovery Phase

Exchange of Information: Both parties engage in the discovery process, where they exchange information relevant to the case. This includes documents, medical records, and answers to written questions (interrogatories).
Depositions: Depositions may also be conducted, where witnesses and parties are questioned under oath.

Pre-Trial Motions and Negotiations

Motions: Either party may file pre-trial motions to address legal issues or seek dismissal of parts of the case.
Settlement Negotiations: Many personal injury cases are settled out of court through negotiations. Your lawyer will attempt to reach a fair settlement with the defendant’s insurance company or legal team.

Trial

Presenting the Case: If a settlement cannot be reached, the case proceeds to trial. During the trial, both sides present evidence, call witnesses, and make legal arguments.
Jury or Judge Decision: The case is decided by either a judge or a jury, who will determine the outcome based on the evidence and arguments presented.

Post-Trial

Judgment: If you win the case, the court will issue a judgment specifying the amount of damages you are awarded.
Appeals: Either party may appeal the decision if they believe there was an error in the trial process. Appeals are reviewed by higher courts and the original decision may be upheld, reversed, or modified.

Collection of Damages

Enforcement: Once a judgment is issued, collecting the awarded damages may involve additional steps, such as garnishing wages or seizing assets, if the defendant does not voluntarily pay.

Understanding these steps can help you prepare for the personal injury lawsuit process and work effectively with your lawyer to achieve a favorable outcome.

Statute of Limitations for Florida Personal Injury Cases

In Florida, the statute of limitations for personal injury cases generally requires that a lawsuit be filed within two years from the date of the injury. This time frame is established by Florida Statutes § 95.11(3)(a), and it’s essential for ensuring that your claim is timely and valid. Missing this deadline can result in your case being dismissed, meaning you lose the right to seek compensation for your damages.

However, some exceptions can alter this time frame. For example, if the injury was not immediately apparent, such as in cases involving latent injuries or diseases discovered much later, the statute of limitations might be extended. In such situations, the period starts from the date you discover, or should have reasonably discovered, the injury or condition.

Additionally, if the at-fault party is a government entity, the timeline for filing a claim can be significantly shorter. For claims involving government agencies or employees, Florida law often requires that you file a notice of claim much sooner. This notice is a prerequisite to filing a lawsuit and must be submitted before the statute of limitations expires.

Given the complexities involved, it’s crucial to consult with a personal injury attorney as soon as possible after an injury. An experienced lawyer can help you understand the specific deadlines applicable to your case, including any potential exceptions.

They can also ensure that all necessary paperwork is filed promptly to preserve your legal rights and maximize your chances of a successful outcome. Meeting with an attorney will help prevent costly mistakes and ensure that you do not miss critical deadlines that could jeopardize your claim.

How Long Will My Case Take to Resolve?

The length of time it takes to settle a personal injury case in Florida can vary significantly depending on several factors. In some cases, a settlement may be reached within a few months, while in more complex cases, the process can take a year or more.

One of the main factors that influence how long it takes to settle is the nature and severity of the injuries. Cases involving more severe injuries, such as traumatic brain injuries or spinal cord damage, may take longer to resolve because they require extensive medical treatment and a clear understanding of the long-term impact on the victim’s life.

Another factor that can affect the timeline is whether liability is clear. If the at-fault party admits fault early on, the settlement process may proceed more quickly. However, if there is a dispute over who is responsible for the accident, or if multiple parties are involved, negotiations may be delayed.

Insurance companies also play a significant role in the timing of a settlement, as they may seek to prolong the process in an effort to reduce the amount they have to pay. They often require detailed documentation, such as medical records and accident reports, before making an offer.

Negotiations between your attorney and the insurance company can also extend the time it takes to settle. In many cases, the first settlement offer is lower than what the victim is entitled to, and your attorney may recommend rejecting the offer to negotiate for a higher amount. This back-and-forth process can take time, especially if the insurance company is unwilling to offer a fair settlement.

Additionally, if a settlement cannot be reached through negotiations, the case may go to trial, which will extend the timeline even further. While many personal injury cases are settled before trial, going to court can add months or even years to the process. Each stage of litigation, from discovery to pre-trial motions, adds more time to the case. That’s why it’s important to work with an experienced Florida personal injury attorney who can guide you through the process and help expedite your case whenever possible.

Ultimately, while there is no set timeline for settling a personal injury case in Florida, understanding the factors that can influence the process can help set realistic expectations. Consulting with an attorney early on can help streamline the process and ensure that your case is handled efficiently while securing the maximum compensation you deserve.

We Operate on a Contingency Fee

A contingency fee is a type of payment arrangement where a lawyer agrees to represent a client without requiring any upfront fees. Instead of charging hourly rates or requiring a retainer, the lawyer is paid a percentage of the settlement or award the client receives at the conclusion of the case. This percentage is typically agreed upon before representation begins, and if the lawyer does not win the case or secure compensation for the client, the client owes nothing.

Contingency fees are common in personal injury cases, and they allow injured individuals to seek legal help without worrying about the costs upfront. One of the main benefits of a contingency fee arrangement is that it makes legal representation accessible to everyone, regardless of their financial situation.

After a personal injury accident, victims often face unexpected medical bills, lost wages, and other financial burdens. The thought of paying for legal services on top of these expenses can seem overwhelming. With a contingency fee agreement, victims can pursue their claims without having to pay anything out of pocket, which allows them to focus on recovering from their injuries instead of worrying about legal fees.

Contingency fees also provide an additional layer of motivation for personal injury lawyers. Since the lawyer’s payment is tied directly to the outcome of the case, they are incentivized to work diligently to secure the maximum compensation for their client.

This alignment of interests ensures that the lawyer is fully invested in the case and will use their skills and resources to achieve the best possible result. The lawyer only gets paid if they successfully resolve the case, which gives clients confidence that their attorney is fighting for them.

Personal injury lawyers use contingency fee arrangements because they recognize the financial strain that many accident victims are under. This type of fee structure helps clients who may not have the means to afford legal representation upfront, while also ensuring that the lawyer is committed to obtaining a favorable outcome.

For victims of accidents or injuries caused by negligence, contingency fees make it possible to seek justice and compensation without the added burden of legal fees during an already difficult time.

Changes to Florida Personal Injury Laws in 2023

In 2023, significant changes were made to Florida’s personal injury laws, primarily due to House Bill 837. One major shift involved the reduction of the statute of limitations for general negligence claims. Previously, injured parties had four years to file a personal injury lawsuit, but this window was shortened to two years. This change makes it even more critical for injured individuals to act swiftly to protect their legal rights.

Another key reform involved Florida’s comparative fault standard. Before 2023, Florida followed a “pure comparative fault” rule, allowing plaintiffs to recover damages even if they were predominantly at fault. However, the new law adopted a “modified comparative fault” standard. Under this new system, plaintiffs found to be more than 50% responsible for their injuries cannot recover any damages. This adjustment significantly impacts cases where liability is disputed.

Additionally, changes to how medical expenses are presented at trial could reduce the compensation plaintiffs receive. Under the new law, only the actual amount paid for medical treatment is shown to juries, rather than the full billed amount. This can lead to lower damage awards since insurance payments and negotiated rates often reduce the visible costs.

These changes, along with revisions to bad-faith insurance claims that make it harder to hold insurers accountable, emphasize the importance of consulting an experienced personal injury lawyer. We can help navigate these new regulations and ensure your case is handled effectively under the new legal framework.

No-Fault Insurance

Florida is a no-fault insurance state. This means that after a car accident, each driver’s Personal Injury Protection insurance is responsible for covering their own medical expenses and lost wages, regardless of who caused the accident. This system was designed to provide swift compensation for minor injuries without needing to prove fault.

Impact on Personal Injury Claims:

Limits on Suing for Non-Economic Damages: In Florida, unless your injuries meet the serious injury threshold (which includes permanent injury, significant disfigurement, or death), you cannot sue the at-fault driver for non-economic damages such as pain and suffering. Your claim is typically restricted to your PIP coverage, which usually covers 80% of medical expenses and 60% of lost wages.
PIP Coverage is Limited: PIP only covers up to $10,000 for medical expenses and lost income. If your injuries and related costs exceed this amount, you may need to pursue compensation from the at-fault driver, but only if your injuries meet the serious injury threshold.
Claiming Against the At-Fault Driver: If your injuries qualify as “serious” under Florida law, you may be able to pursue a personal injury lawsuit against the at-fault driver to recover damages that exceed the PIP limits, such as additional medical expenses, lost wages, and pain and suffering.

Understanding the intricacies of no-fault insurance is essential because failing to meet Florida’s serious injury threshold can limit your compensation. It’s important to consult with a personal injury attorney to ensure your rights are protected and to explore your options if your injuries are more severe.

Serious Injury Threshold

Florida has a serious injury threshold, particularly relevant in cases involving car accidents and insurance claims. This threshold applies to individuals seeking compensation for pain and suffering, mental anguish, or inconvenience after an accident.

Under Florida’s no-fault insurance system, every driver is required to carry Personal Injury Protection insurance, which covers medical expenses and lost wages up to a certain amount, regardless of who was at fault in the accident. However, in order to pursue additional compensation through a lawsuit for non-economic damages (like pain and suffering), the injured party must meet the state’s serious injury threshold.

To satisfy this threshold, the injuries must result in:

Significant or permanent loss of a bodily function
Permanent injury within a reasonable degree of medical probability
Significant scarring or disfigurement
Death

If an injury does not meet these criteria, the injured party is generally limited to compensation from their PIP coverage and cannot pursue additional damages from the at-fault driver. This threshold is meant to limit lawsuits for minor injuries and reduce the burden on Florida’s court system.

Benefits of Working With a Florida Personal Injury Attorney

Working with a Florida personal injury lawyer can offer numerous advantages, especially when navigating the complexities of personal injury law in the state. Personal injury cases can be challenging, involving various legal intricacies, insurance policies, and negotiations. A skilled lawyer will guide you through each step of the process, ensuring your rights are protected and maximizing your chances of fair compensation.

The benefits of working with a Florida personal injury lawyer include:

Experience in Personal Injury Law: Florida’s personal injury laws have specific rules and regulations that can be difficult to understand without a legal background. Personal injury lawyers are well-versed in Florida law, including statutes of limitations, comparative negligence, and the state’s no-fault insurance system. This knowledge is critical when building a strong case.
Accurate Valuation of Your Claim: Many people are unaware of the full extent of damages they can recover after an injury. A personal injury lawyer can accurately assess your claim, factoring in not just medical bills but also lost wages, future medical care, pain and suffering, and other damages.
Handling Insurance Companies: Insurance companies often aim to minimize payouts, and they have their own team of attorneys working to protect their interests. A personal injury lawyer will handle all communications with insurance companies, ensuring that you don’t settle for less than you deserve.
Negotiation Skills: Most personal injury cases are settled out of court, but achieving a fair settlement requires strong negotiation skills. Personal injury lawyers have experience negotiating with insurance adjusters and defense attorneys to reach a settlement that covers all of your losses.
Trial Representation: While many cases are settled outside of court, some may proceed to trial. Having a lawyer who is ready and experienced in court proceedings is crucial for presenting a persuasive case before a judge or jury.
No Upfront Costs: Many personal injury lawyers work on a contingency fee basis, which means you don’t pay anything unless they win your case. This arrangement allows you to pursue justice without worrying about legal fees during an already stressful time.

Additional Benefits:

Understanding complex legal paperwork and procedures
Ensuring deadlines for filing claims are met
Access to a network of expert witnesses and medical professionals
Support in gathering and preserving evidence, including witness testimony and accident reports
Peace of mind, allowing you to focus on recovery while your lawyer handles the legal aspects of your case

Working with a Florida personal injury lawyer provides you with the knowledge, resources, and support you need to pursue maximum compensation. Whether negotiating a settlement or taking the case to trial, having a skilled lawyer on your side can make a significant difference in the outcome of your case.

Schedule Your Free Consultation Today

At Neufeld & Kleinberg, PA, we understand the overwhelming challenges that follow a personal injury. From the pain of recovery to the frustration of dealing with insurance companies, this period can feel daunting. Our team is dedicated to providing compassionate, skilled legal representation, ensuring that you can focus on healing while we fight for the compensation you deserve. With years of experience handling personal injury cases in Florida, we are equipped to navigate the complex legal landscape and secure the best possible outcome for your claim.

If you’ve been injured in an accident, it’s crucial to act quickly to protect your rights. Our Florida personal injury lawyers will work tirelessly to gather evidence, negotiate with insurance companies, and, if necessary, take your case to trial to ensure justice is served. Don’t leave your future to chance. Let the experienced legal team at Neufeld & Kleinberg, PA, advocate for you.

Call us today at (305) 931-6666 or fill out our online contact form for a free consultation and take the first step toward getting the compensation you deserve. We’re here to help you every step of the way.