Your life may be transformed after a serious accident that results in injuries to you or a family member. After undergoing emergency care, a victim may need to continue to seek medical treatment, as well as other therapies. They may not be able to work in the same job, or they may need time off from work to recover. It is understandable for victims to face increased stress as a result of the pain, lost wages, and mounting medical bills. If you are not sure what to do next after an accident caused by someone else, you should seek legal counsel from an attorney who is familiar with the process. At the Dean Law Firm, our experienced injury lawyers are ready to help you advance your right to compensation.Personal Injury Overview
Personal injury lawsuits are brought to recover compensation for injuries sustained in an accident in which one or more people were at fault. They can include a wide range of accidents, including motor vehicle accidents , slip and falls, and medical malpractice. Most personal injury lawsuits require a plaintiff to prove the defendant's negligence. This means that the plaintiff and a personal injury attorney in the Ocala area will need to show that it is more likely than not that the defendant owed a duty of reasonable care, the duty was breached, the defendant’s unsafe conduct caused the accident, and the plaintiff suffered damages as a consequence.
After a car accident in which you suffer serious injuries, you may be contacted by an insurance adjuster for the other driver who may try to get you to admit fault. You should speak to a car accident lawyer before discussing your situation with the adjuster. This is in part because Florida follows the doctrine of pure comparative negligence. A jury will consider the evidence and arguments and assign each party a percentage of fault, in addition to assessing the overall damages. Your damages award will be reduced by an amount equal to your percentage of fault, if any is found. At the Dean Law Firm, we know how to prevent a defendant from unfairly shifting the blame to a victim. Our attorneys can help you maximize damages for losses such as past and future medical expenses, lost income and earning capacity, pain and suffering, lost enjoyment of life, and property damage.Truck Accidents
Due to the size and weight of these vehicles, truck accidents can be particularly devastating. There may be multiple accident victims trying to claim damages from the truck driver's policy. It is important to look at the accident from all angles and determine whether other parties, such as the trucking company, a third-party loader, a repair shop, the owner of the road, or the manufacturer may also have some liability for what happened. After a truck accident, trucking companies or insurers may try to hide or conceal evidence of fault. You should immediately retain an Ocala personal injury attorney who understands this possibility and can send a spoliation of evidence letter.Motorcycle Accidents
There is no buffer between the force of a collision and a motorcyclist. It is not uncommon for motorcyclists to suffer catastrophic injuries or death, even if the driver of the larger vehicle walks away unscratched. As with other motor vehicle accidents, a victim of a motorcycle accident will most likely need to prove that the other driver was negligent. There may have been a breach of duty because the other driver was texting while driving, driving drunk, or not obeying traffic signals or road rules. Often, drivers of larger vehicles fail to yield to motorcyclists, not understanding that motorcyclists have the same rights as people in larger vehicles.Pedestrian Accidents
Pedestrians are utterly unprotected from the force of a collision with a vehicle. Often, the injuries arising out of a pedestrian accident are quite serious or fatal. In most cases, you will need to file a Personal Injury Protection (PIP) claim with your insurer, and after this coverage is exhausted, you will be able to sue the negligent driver for injuring you. Damages to which you may be entitled include lost wages, medical bills, replacement services, pain and suffering, and loss of enjoyment of life.Medical Malpractice
In order to prevail in a claim for medical malpractice , a personal injury lawyer in the Ocala area will need to show that your health care provider needed to meet a professional standard of care, the health care provider breached the standard of care, and your health suffered adverse consequences as a result. In most cases, it is necessary to retain an expert to establish what the standard of care is and show that a breach of this standard is what caused your injuries. For example, if your oncologist failed to diagnose cancer, and you progressed to Stage IV, we would likely need to retain an oncologist to provide an expert opinion that your oncologist did not do what a competent oncologist would do under the circumstances and that this failure caused you to suffer a worsening of your condition.Premises Liability
Florida landowners owe a duty to lawful visitors to maintain their property in a safe manner or provide warnings of any dangers. If you are injured due to a rotting balcony, broken steps, or a slippery substance on the floor, our Ocala personal injury lawyers can help you pursue damages through a premises liability lawsuit. You will need to show actual and constructive notice to the defendant of the particular hazard that caused your harm to recover damages.Product Liability
If you are injured due to a defective product, you may be able to recover damages through a product liability lawsuit. There are three types of actionable defects: design defects, marketing defects, and manufacturing defects. Generally, manufacturing defects occur only in one or a small sample size of a particular product; they are results of an error in the process of making the product. Marketing defects are failures to provide the appropriate information to a consumer, and often they involve a failure to warn of a particular risk of harm. Design defects are flaws in the plans for making a product, and they exist in all of the specimens of a product line.Probate Litigation
When someone's will is offered for probate, certain requirements must be met. However, not everyone might be satisfied with what the will says. One common type of probate litigation is a will contest. A will contest can be brought on a number of different grounds, including undue influence, lack of testamentary capacity, or a mistake in how the will was executed. Our probate litigation attorneys can help you handle this complex and often emotionally fraught process.Real Estate Closings
Real estate transactions can be confusing for a layperson, and often a great deal of money is involved. It is important to retain an experienced attorney to ensure that the purchase and sale agreement is properly negotiated and drafted to reflect your intentions. For example, it is important for a homebuyer to obtain marketable title and to ensure that there are no liens, easements, or encumbrances that could interfere with ownership down the road.Business Law
Every business should retain counsel to draft or review documents, including contracts. Our firm can serve as general or outside counsel to make sure that your business' documents meet your business objectives. We can also advise you on what needs to be done to follow applicable laws and regulations and how to collect debts.Consumer Protection Law
Sometimes a group of consumers comes together to bring a collective claim against a wrongdoer. Filing a lawsuit as a class action allows many people to join together to force a defendant to pay a penalty and send a clear message that society will not tolerate the defendant's wrongful acts. Plaintiffs who want to bring a class action must obtain certification. Florida Rule of Civil Procedure 1.220 (a) requires a plaintiff to show numerosity, typicality, commonality, and adequacy in order to bring a consumer protection class action.Discuss Your Case with a Personal Injury Attorney in Ocala
Often, large companies have entire teams of attorneys and insurance adjusters to protect them and their bottom line after an accident. It is critical to retain an experienced attorney who is dedicated to advocating for your interests, whether you have been injured by a defective product or in a truck accident. Michael Dean is AV-rated by Martindale-Hubbell's peer review rating process. The Dean Law Firm represents clients throughout Central Florida, including in Ocala, Crystal River, and The Villages. Contact our attorneys at 352-387-8700 or via our online form.