A proven track record of success
Over the years, we've recovered over $1 billion in verdicts and settlements in over 10,000 personal injury and wrongful death cases. We take great pride in our results for two reasons: Every cent we've recovered helped a deserving client or family move forward after an injury, and every case we've won sent a strong message to negligent parties that their conduct is not acceptable. The law exists to protect us from harm, and by fighting for accountability under the law for reckless and careless parties, we make our entire community safer.
How do we do it? We get to know our clients and understand how their injuries have affected their lives. We thoroughly investigate injury claims and take a hard line in negotiations with the insurance company. We put our resources and combined legal knowledge into every case we handle, and we get meaningful results.
What’s required for a personal injury case?
In general, to file a personal injury claim, you need to show that someone else was negligent; that is, they acted in a careless manner or did something a reasonably careful person would not have done, and their negligence caused your injury. There are four major elements of every personal injury claim:
- Duty of care: the at-fault party had a legal responsibility to act in a careful and safe manner.
- Breach: the at-fault party, through action or inaction, failed to meet that duty of care. In general, this is assessed based on what an average person would have done in the same situation.
- Causation: the at-fault party’s negligence led to your injury. It’s not enough to show that someone was negligent in the vicinity of the accident; their negligence had to actually cause or contribute to the accident.
- Damages: because of the accident, you suffered real harm. This is not limited to physical injury; emotional and psychological pain are damages, as well.
Different types of personal injury claims involve different duties of care. Slip and falls, for instance, are based on premises liability law, which concerns the responsibility property owners and managers have to keep their premises safe. Product liability claims are based on manufacturers’ responsibility to produce safe products and to provide appropriate warnings to consumers.
Work accidents fall into a unique category because you can’t sue your direct employer for an injury that happened at work. Such injuries are covered under workers’ compensation instead. However, if a third party (a person or organization other than your employer) caused your injury, then you can file a personal injury claim against that third party. This is particularly common in construction accidents where there are multiple contractors and subcontractors working on the same site.
What damages can you recover in a personal injury case?
An injury can affect numerous aspects of your life, and fair compensation for that injury should include all those losses. Depending on the extent of your injury and the effects it has had on your life, the damages (financial compensation) we can pursue on your behalf may include:
- Lost wages while recovering from an injury and unable to work
- Medical expenses, including the cost of long-term care if needed
- Modifications to homes or vehicles to accommodate reduced mobility or other disabilities
- Lost earning potential for clients who are unable to work
- Replacement services, such as childcare, housework and yard work
- Repair or replacement of property damaged in accidents
- Pain and suffering, emotional distress and other non-economic damages
In some cases, we’re also able to recover punitive damages for our clients. These are additional funds awarded to punish particularly reckless or intentional acts and send a strong message that such conduct will not be tolerated.
The full cost of a catastrophic injury can easily be in the hundreds of thousands or millions of dollars, especially if you need a lifetime of medical care. A spinal cord injury can cause permanent paralysis, for instance, and a traumatic brain injury can affect your ability to work, your relationships, and your quality of life. Even a less severe injury, though, can have a dramatic impact on your life, especially if you have lingering symptoms or a long recovery period. We know how to build a case for the full amount of compensation you need.
Can you still recover damages if you were partially at fault?
Florida uses the pure comparative negligence standard for personal injury claims, which means your recovery is adjusted based on the percentage of fault. For instance, if you were 30 percent responsible for your injury and the at-fault party was 70 percent responsible, your financial compensation will be reduced by 30 percent. Even if you are more than 50 percent at fault, you can still recover compensation for whatever percentage of the injury was someone else’s fault.
How much time do you have to file a personal injury case?
In Florida, the statute of limitations (legal deadline) for most personal injury claims is relatively short and depends on the specific type of claim. The sooner you talk to a personal injury attorney, the sooner we can start gathering evidence to support your claim and protecting your interests from the insurance company.
Our legal knowledge and resources help our clients recover
In each case, we consider the full cost of the injury and make sure our demand includes fair compensation for all of those losses. And in each case, we thoroughly research the surrounding circumstances to find the responsible party or parties and hold them accountable. Our attorneys have the resources and experience needed to stand up to insurance companies and their defense lawyers, and we're adept at finding multiple sources of compensation to make sure our clients get all of the help they need.
If you've been injured due to someone else's negligence, you don't have to handle your recovery alone. Contact Pajcic & Pajcic today to speak with a trusted attorney about your case, completely confidential. There's no cost and no obligation - we just want you to be aware of your legal rights and options. Call 904-358-8881 for your free consultation.