Did you suffer an injury in an accident in New Port Richey? Are your medical bills piling up with no end in sight? Are insurance companies pressuring you to sign a quick settlement?
Do not sign anything until you speak with a New Port Richey personal injury lawyer at our law firm.
If you have sustained injuries in an accident in the State of Florida, a New Port Richey personal injury lawyer from Lucas, Macyszyn & Dyer can help you to seek compensation for the expenses and impacts of your injury.
As one of the popular tourist destinations in the Tampa region, New Port Richey comes alive during its festivals, drawing even bigger crowds than normal. While these celebrations are essential to this small town’s culture, they pack the streets with unfamiliar drivers and revelers, leading to an increased risk of car accidents.
The town’s history and historical feel also contribute to its culture. However, historical buildings increase the risk of accidents if the property owner or renter fails to mitigate the frequently found hazards, such as loose floorboards and defective staircases that can lead to a slip-and-fall accident.
These are just some of the personal injury accidents that can occur in New Port Richey and surrounding communities. No matter how your injury occurred, our attorneys can help you discover what your legal options are in your unique case and help you seek the justice you deserve.
About Our New Port Richey Personal Injury Attorneys
Personal injury is a complex area of law. As such, you need a skilled attorney on your side from the very start who will put their knowledge to work for your best interests. When you work with our team at Lucas, Macyszyn & Dyer, you can be confident that your case is in good hands.
We started our law firm more than 20 years ago with a mission to provide the highest quality representation possible to injured clients throughout Pasco County and beyond. During that time, we have achieved remarkable success in helping our clients obtain the compensation they need for the serious injuries and devastating losses they suffered due to another party’s negligence. A few of our notable successes include:
- $3 million settlement for a wrongful death claim resulting from a drunk driving accident
- $1.5 million for a truck accident survivor
- $475,000 recovery for a car accident survivor
Additionally, our attorneys have received national recognition for our impeccable professionalism and outstanding legal abilities. We have also received dozens of five-star reviews and powerful testimonials from our satisfied clients.
You can trust us to take an active interest in your case and deliver personalized, compassionate legal counsel each step of the way. We are here for you and your family during this difficult and uncertain time, and we are fully committed to helping increase your chances of getting the maximum compensation you deserve.
Contact us today for a free case evaluation and learn how we can help you maximize your financial recovery.
A Wide Umbrella: New Port Richey Personal Injury Lawyer Cases
Personal injury law encompasses many types of claims. Most claims involve a similar process for seeking compensation, whether you sustained an injury as a pedestrian while walking along U.S. 19, suffered a dog bite in Trinity, or lost your mother or father because of nursing home neglect. At Lucas, Macyszyn & Dyer, we have a dedicated team of New Port Richey attorneys who handle a variety of personal injury claims, including:
We handle other types of New Port Richey personal injury claims as well, so contact us to discuss your case for free if someone else caused you or a loved one harm in New Port Richey. Read on for more information regarding common personal injury accidents in New Port Richey and the surrounding areas.
Motor Vehicle Accidents
Individuals can sustain injuries in all types of motor vehicle accidents, including those involving cars, motorcycles, pickup trucks, commercial trucks, buses, scooters, bicycles, and pedestrians. Watercraft and aircraft accidents can also result in personal injury claims.
Common causes of motor vehicle accidents on the roadway include distracted driving, alcohol impairment, speeding, aggressive driving/road rage, failure to yield, and driver fatigue.
A personal injury attorney with experience handling these complex cases can provide legal guidance after an accident.
Defective Products Cases
We rely on thousands of different products in our daily lives, from the food we eat to the medicines we take, the toys our children play with, and the appliances we have in our homes. The manufacturer and distributor of the products available on stores and pharmacy shelves, or even the medical devices that doctors surgically place in consumers’ bodies, bear responsibility for ensuring that those products do not pose an unreasonable risk to the consumer when used according to labeled instructions.
Three types of product defects can lead to a personal injury claim, including:
- Design defects: Some defects stem from the engineered design of the product; these defects generally impact all of the produced products.
- Manufacturing defects: These flaws generally occur during the manufacturing process, such as bacteria tainting food or medicine during production. These defects often only impact a few, or a few lots, of the product.
- Packaging defects: Most products come with labeled instructions about the intended use. Failing to provide this information or to disclose all known risks linked to the use of the product can result in liability for injuries caused to those who did not receive adequate warning of the risks or instructions on how to use the product safely.
Injured consumers deserve justice. However, large manufacturers and companies often have their own legal teams, and it can be difficult to hold these entities accountable. Having an experienced personal injury attorney in your corner can help you do just that.
Nursing Home Abuse
With ample sunshine and resources for elderly individuals, Florida serves as a popular destination for retirees. Fifteen nursing homes exist near New Port Richey, including seven within the city limits. Unfortunately, while we place a good deal of trust in these facilities, staffing issues, poor training, a high administrative turnover rate, and other issues can lead to negligence in a nursing home setting, resulting in injuries or even death to residents.
The six most common types of abuse that occur in nursing homes include:
- Physical abuse, such as slapping, hitting, or pushing a resident.
- Sexual abuse, which includes any type of sexual activity without the resident’s consent.
- Emotional abuse, which can involve threats, intimidation, or isolation to lord power over the resident.
- Neglect, which involves failing to provide adequate care and to meet the resident’s basic needs. Examples can include failing to provide adequate nutrition or hydration, failing to administer the resident’s medication in the proper dose, or failing to prevent bedsores or injuries due to a fall.
- Financial exploitation, which involves taking the resident’s personal belongings or forging financial documents.
- Abandonment, which involves intentionally deserting a nursing home resident.
A personal injury attorney with experience handling nursing home abuse cases in New Port Richey can guide your family through this difficult time and help you seek a positive resolution despite the financial and personal losses you’ve experienced. Our law firm knows how to hold negligent nursing homes and abusive caregivers accountable for the harm they’ve caused.
Premises Liability
As alluded to previously, a property owner, manager, or possessor has the legal responsibility to mitigate known hazards on the property to prevent injuries to guests. If the owner cannot mitigate the hazard in a timely fashion, the property owner/possessor must place a prominent warning sign near the hazard so that people know to use caution.
Premises liability involves many types of claims, with slip and fall accidents constituting the most common. Slip and fall accidents generally occur because of loose floorboards, worn or freshly waxed floors, defective staircases, inadequate lighting, or obstacles or debris in the walkway. This accident results in around 1 million visits to emergency departments across the nation each year.
Other types of premises liability include:
- Swimming pool accidents
- Fires or floods
- Escalator or elevator accidents
- Amusement park accidents
- Dog bites
- Negligent security
Wrongful Death
If an individual dies because of another’s careless or reckless actions, the deceased’s family members can obtain compensation for the expenses and impacts through a wrongful death lawsuit.
In Florida, the deceased’s family members cannot file a wrongful death claim directly. Instead, a personal representative of the estate must file the claim, which is usually either a named executor of the deceased’s will or an appointed administrator to their estate.
The damages that individuals can obtain through this type of claim include:
- The value of support and services that the deceased provided to their family members.
- Loss of the deceased’s companionship and protection.
- Loss of parental companionship, guidance, and instruction.
- Emotional distress.
- The loss of wages, benefits, and other earnings that the deceased would have earned if they had survived.
- The value of earnings the deceased could have reasonably been expected to retain and leave as part of the estate had he or she survived.
- The cost of funeral services and burial or cremation, paid for directly by family members or by the estate.
Our New Port Richey Location
Lucas, Macyszyn & Dyer law firm’s headquarters is located at 9020 Rancho Del Rio Drive, Suite 101, New Port Richey Florida 34655. Come by our office to discuss your injury claim at no cost, or contact us at 727.849.5353 to set up an appointment for a free consultation.
For the convenience and comfort of our clients, we have four readily available conference rooms, and this single location houses our core administration, litigation, trial, and settlement departments. We are available to do everything needed to get your case going digitally, e-signing documents and communicating by phone and Zoom calls.
New Port Richey Accident Statistics
New Port Richey is located in Pasco County and has a population of around 17,000. Pasco County’s roadways are not the safest for motorists. Countywide, more than 6,000 people sustain injuries in motor vehicle accidents each year, along with close to 200 bicycle crashes, 200 pedestrian crashes, and 300 motorcycle crashes. In 2022 alone, Pasco County reported the following:
- 7,727 total traffic accidents, resulting in 7,498 injuries and 105 fatalities
- 191 bicycle crashes, resulting in 9 fatalities
- 200 pedestrian accidents, resulting in 29 fatalities
- 262 motorcycle accidents, resulting in 13 fatalities
- 1,783 hit and run crashes, resulting in 748 injuries and 11 fatalities
Common Personal Injuries in New Port Richey
If your injury required you to seek medical treatment, miss time from work, or diminished your ability to accomplish daily living tasks, we consider it a serious injury that you should speak with an experienced personal injury attorney about. Some of the injuries in New Port Richey accidents that can give rise to a personal injury claim include:
Traumatic brain injuries. The brain controls the functions and involuntary responses of the entire body. However, this organ has a limited ability to repair itself, and it is a struggle to recover from traumatic brain injury. This type of injury commonly results in permanent disabilities, such as the inability to speak or understand spoken language, memory loss, the inability to control emotions or behaviors, difficulty moving in a balanced and controlled manner, or visual impairment.- Spinal cord injuries. The spinal cord serves as the messenger system that the brain uses to communicate with the rest of the body. It also has a limited ability to heal from injury. Spinal cord injuries often paralyze their victims. Even more, disc injuries such as herniated discs in the lower back and neck can often put pressure on the spinal cord and nerves, resulting in arm and leg numbness, tingling, and pain.
- Broken bones. While many broken bones heal with medical care and physical rehabilitation within a few months, some can result in life-altering or even life-threatening complications. For example, a broken hip suffered in a fall by an elderly resident can result in a permanent loss of the ability to live independently, or can even result in death.
- Soft tissue injuries. Whiplash is a common type of soft tissue injury, often occurring from rear-end collisions. The injury gets its name from the rapid back-and-forth motion of the neck that causes the injury, which looks much like the cracking of a whip. In addition to whiplash, damage to muscles, joints, and tendons throughout the body can also result.
- Burns. Burns can occur from flame, liquid, steam, hot surfaces, chemicals, or electricity. Serious burns carry a high risk of infection and scarring and may require treatment at specialized burn centers.
- Amputation. Traumatic amputations occur when a limb shears off due to contact with a sharp object during an accident or from two objects crushing or compressing it. Limbs that suffer serious injuries in accidents may also require surgical removal to improve the patient’s outcome or prevent an infected limb from resulting in a life-threatening infection throughout the body.
- Cuts or abrasions. While these do not sound like serious injuries, cuts and abrasions leave the body open to infection and scarring. This is particularly true for wounds occurring from road rash in a bicycle or motorcycle accident and dog bite wounds.
Our attorneys have been overwhelmingly successful in tackling even the most complex of cases, and have the track record to prove it. We’ve achieved multi-million dollar victories for clients who have suffered injuries due to others’ negligence through knowledge, perseverance, and compassionate service. Our skilled personal injury attorneys are fierce advocates for victims, and we are committed to standing by you during your time of need.
What Should I Do After an Accident in New Port Richey?
If you are involved in an accident in New Port Richey, whether it’s a car accident, slip and fall, workplace accident, or any other type of incident, it’s crucial to take specific steps to protect your health, well-being, and legal rights. Here’s a step-by-step guide on what to do after an accident in New Port Richey:
- Ensure Safety and Seek Medical Attention: First, check yourself and others for injuries. If anyone is seriously injured, call 911 immediately. If it’s safe to do so, move your vehicle out of traffic to prevent further accidents. If you’re unable to move, turn on your hazard lights to warn other drivers.
- Call the Police: In most accidents, it’s important to report the incident to the police. They will create an accident report, which can be valuable for insurance claims and legal purposes.
- Exchange Information: Exchange contact and insurance information with all parties involved in the accident. Obtain contact information from any witnesses who may have seen the accident.
- Document the Scene: Take photos or videos of the accident scene, including damage to vehicles, road conditions, traffic signals, and any visible injuries. Note the date, time, and location of the accident.
- Seek Medical Attention: Even if you believe your injuries are minor, it’s crucial to seek medical attention promptly. Some injuries may not be immediately apparent, and medical records can be essential for any future legal claims. Follow your doctor’s recommendations for treatment and recovery.
- Report to Insurance Companies: Report the accident to your insurance company as soon as possible. Provide them with all relevant information. Be cautious when speaking with insurance adjusters and avoid admitting fault or making recorded statements without legal counsel.
- Preserve Evidence: Keep copies of all medical bills, records, and receipts related to your treatment and recovery. Maintain a record of any missed workdays and lost wages due to the accident.
- Consult with an Attorney: If you believe the accident resulted from someone else’s negligence and you are seeking compensation for your injuries, consult with a personal injury lawyer in New Port Richey. They can provide legal guidance, evaluate the strength of your case, and help you navigate the claims process.
- Observe Statute of Limitations: Be aware of the statute of limitations for filing a personal injury lawsuit in Florida, which can vary depending on the type of case. Failing to file within the applicable time frame can result in your claim being barred.
- Stay Informed: Keep track of the progress of your medical treatment, your expenses, and any communication related to your accident and injuries.
Every accident is unique, so it’s essential to tailor your response to the specific circumstances. Consulting with an attorney early in the process can be particularly valuable, as they can help protect your legal rights and guide you through the complexities of the legal system in New Port Richey.
Can A New Port Richey Personal Injury Lawyer Help Prove Liability in a New Port Richey Personal Injury Claim?
While some personal injury claims stem from intentional acts, such as assault or child abuse, the vast majority of these types of accidents result from negligence, which involves a failure to behave in a manner that a reasonable person would in a given set of circumstances to prevent injury to others.
You and your attorney will prove negligence by establishing:
- The at-fault party owed you a duty of care.
- The at-fault party breached the duty of care, meaning the at-fault party took actions that were contrary to what a reasonable person would do to prevent harm to others.
- The breach resulted in the accident that caused you injury and associated expenses and impacts.
How Much Is the Average New Port Richey Personal Injury Lawyer Case Worth?
There are many types of accident cases, including car accidents, slip and falls, and dog bite injury accidents. Many factors can increase or decrease the severity of the injuries suffered, which can affect your personal injury claim.
Much information can determine the value of a claim, including how much medical treatment the claimant required, how much the claimant earned before the accident occurred, and whether the claimant can earn the same amount of money again.
Because of all these many factors, we can’t describe an average New Port Richey personal injury claim. After all, no two injury accidents are ever quite the same.
We can, however, point to three considerations that have a major impact on the value of your claim:
- The at-fault party’s level of insurance coverage. Remember, insurance companies typically pay out personal injury claims. You can file a personal injury lawsuit against an uninsured defendant. You can even obtain a judgment in your favor. You will struggle to actually collect on the claim, however, as an uninsured person likely can’t afford to pay for someone else’s accident expenses out-of-pocket.
- Whether you hired an experienced personal injury lawyer. Many people feel tempted to file a personal injury claim on their own, only to quickly realize its complexity. Having an attorney working on your case can make a difference of many thousands of dollars in compensation, as your attorney will understand how to value your claim, how to negotiate with the at-fault party’s insurance provider, how to avoid the common tactics insurance providers use to avoid large payouts on claims, and the formalities of the court.
- Your patience during the settlement process. In cases that involve clear liability, plaintiffs can usually obtain a settlement offer rather easily. However, obtaining a settlement offer that fairly compensates you for the expenses and impacts you have already incurred, as well as those you will likely incur in the future, takes time. Settlement negotiations can last from the time of the initial demand until the court reaches a decision. Often, the best offers do not start to come until shortly before litigation begins.
The At-Fault Party’s Insurance Provider Has Already Offered Me a Settlement. Should I Accept It?
Have you spoken with an attorney about your case and allowed that attorney to establish the value of your claim? If not, you should tread carefully when entertaining settlement offers from the at-fault party’s insurance provider. These early settlement offers rarely reflect the severity of your injury and the impacts you will experience.
You may not have had sufficient time to reach maximum medical improvement or to realize the quality-of-life impacts that you will face fully. The insurance adjuster may seem concerned about your well-being and desire a quick resolution, but really, the company just wants to save money by avoiding paying out the value of the claim.
You only have one chance to get it right with a settlement agreement. If you agree and later determine that the compensation you received didn’t cover your expenses and the impacts of the injury, you can’t go back and ask the insurance provider for more money.
How Quickly Should I File a Personal Injury Lawsuit After a New Port Richey Accident?
The Florida statute of limitations in personal injury cases requires that you file your personal injury claim in court no later than two years after the date the accident occurred, in most cases. However, the timeline for your specific lawsuit will depend on several factors.
The personal injury claim process in New Port Richey starts immediately after the incident that caused the injuries. Care is taken to ensure the number of benefits available to you is determined, and your injuries are being taken care of by proper medical professionals. Once your treatment for your injuries is completed or near completion, a demand package that your personal injury attorney prepares is sent to the at-fault party’s insurance provider. This package details the accident and shows the expenses and impacts you have incurred as a result. It also demands payment.
Upon receiving the demand, the insurance provider can do one of three things:
- Accept their insured’s liability and issue payment on the claim. If this happens, you won’t need to file a claim in court.
- Deny liability and send the claimant notification of this denial and the reason for the claim rejection. If this happens, you and your attorney will likely decide to file the lawsuit rather quickly.
- Accept their insured’s liability, but offer a settlement lower than the value of the claim. Generally, this option begins settlement negotiations, in which your personal injury lawyer will work on your behalf to obtain a settlement offer that fairly compensates you for the expenses and impacts of your injury. At some point before the statute of limitations expires, you—with the guidance of your attorney—will determine that you cannot achieve your desired result through settlement negotiations and will file your claim in court. You should know, however, that negotiations can continue even after you filed your lawsuit, and even after the trial has begun.
How Much Does a New Port Richey Personal Injury Attorney Cost?
The New Port Richey personal injury attorneys at Lucas, Macyszyn & Dyer understand that you probably don’t have the funds lying around to pay for a lawyer, especially since you have been covering your medical expenses and have likely missed work because of your injuries. However, we also feel that you deserve experienced, effective legal counsel to help you get the compensation you need.
Thus, our attorneys work on a contingency fee basis. This means we won’t charge you anything upfront to represent you or bill you monthly for our fees and services. We will handle all aspects of your claim and work to help you recover compensation, and we will accept a percentage of your award as payment after all is said and done. If we don’t recover compensation for you through an insurance settlement or court award, you owe us nothing.
This arrangement benefits everyone involved. You won’t have to worry about how to pay for an attorney out of pocket, and our lawyers have more of an incentive to win your case or negotiate a fair settlement. Since we also offer free consultations, you have nothing to lose by contacting us and discussing your case.
How Long Will My New Port Richey Personal Injury Claim Take to Resolve?
Various factors can impact how long it takes to resolve a personal injury claim in New Port Richey, Florida. There is no fixed timeframe since each case is unique. Here are some factors that can influence the duration of your personal injury claim:
- Severity of Your Injuries: Cases involving more severe injuries or long-term disabilities often take longer to resolve because of the complexity of the medical treatment, rehabilitation, and evaluation of future medical needs.
- Liability Disputes: If there is a dispute over who was at fault for the accident or if there are multiple parties involved, it may take longer to establish liability and reach a settlement.
- Insurance Company Responsiveness and Cooperation: The responsiveness and cooperation of insurance companies can affect the timeline. Some insurers may delay or contest claims, which can prolong the process.
- Negotiations: The negotiation process can vary in length. In some cases, parties may quickly agree on a settlement, while in others, it may take months of back-and-forth negotiations.
- Filing a Lawsuit: If the insurance company refuses to offer a fair settlement, your attorney may need to file a lawsuit on your behalf. This can significantly extend the duration of the case, as legal proceedings can take time.
- Court Docket and Scheduling: Court schedules and dockets can impact how long it takes for a case to go to trial. The availability of judges and court resources can influence the timeline.
- Pre-trial Mediation or Alternative Dispute Resolution (ADR): In some cases, parties may opt for mediation or ADR processes to resolve the dispute, which can expedite the resolution compared to a full trial.
- Complexity of the Case: More complex cases, such as those involving multiple parties, intricate legal issues, or significant damages, may take longer to litigate.
- Legal Representation: The experience and efficiency of your personal injury attorney can also affect the timeline. An experienced attorney may be better equipped to navigate the legal process and negotiate on your behalf.
To get a more accurate estimate of how long it will take to resolve your specific personal injury claim in New Port Richey, it’s advisable to consult with an experienced personal injury attorney. They can assess the details of your case, provide insights into the potential timeline, and guide you through the process, including settlement negotiations or litigation if necessary. Keep in mind that while a swift resolution is desirable, it’s also important to prioritize a fair and just outcome for your case.
Can I Recover Damages If I Was Partially At Fault for the New Port Richey Accident?
Yes, you may still be able to recover damages in New Port Richey, Florida, even if you were partially at fault for the accident. Florida follows a legal doctrine called “comparative negligence” or “comparative fault,” which allows for the allocation of damages based on each party’s degree of fault in causing the accident. This is different from the contributory negligence doctrine followed in some states, where any degree of fault on your part can completely bar recovery.
Here’s how comparative negligence works in Florida:
- Modified Comparative Negligence: Florida recently amended its tort policy to follow the principle of “modified comparative negligence.” Under this doctrine, you can recover damages even if you were partially at fault for the accident–so long as you were not more than 50% responsible. Also, the amount of damages you can receive is reduced in proportion to the degree of fault assigned to you.
- Determining Degree of Fault: The degree of fault is typically determined by a jury in a lawsuit or through negotiations with insurance companies. For example, if you are found to be 20% at fault for an accident, your recoverable damages will be reduced by 20%.
- Legal Representation: If you believe you were partially at fault for the accident, it’s advisable to consult with a personal injury attorney in New Port Richey. An attorney can help protect your interests, assess the degree of fault, and negotiate with insurance companies to ensure you receive fair compensation.
- Insurance Companies: Insurance companies often use comparative negligence principles when evaluating claims. They may attempt to assign a portion of fault to you to reduce their liability. Having legal representation can be essential in negotiating with insurance companies and ensuring your rights are protected.
While you can still recover damages if you were partially at fault for the accident in New Port Richey, the amount you recover will be reduced in proportion to your degree of fault. Consulting with an experienced personal injury attorney can be valuable in these situations to help maximize your potential recovery and navigate the complexities of comparative negligence laws in Florida.
What Is the Personal Injury Claims Process in New Port Richey?
Personal injury law covers situations where an individual becomes injured and seeks to hold an at-fault party liable (legally responsible) for the expenses and impacts of the injury incurred because of the at-fault party’s negligence. Negligence involves a failure to behave as a reasonable person would in a given set of circumstances to prevent injury to others or damage to property.
A personal injury lawsuit involves a legal claim filed in civil court in the county where the injury occurred against the person who caused the injury. That person’s insurance company will usually provide the compensation in a personal injury case, as most individuals cannot pay for the expenses and impacts of someone else’s injury out-of-pocket. In Florida, the statute of limitations in most personal injury cases provides injured individuals with two years from the date on which the accident occurred to file a lawsuit.
Steps Involved in the Process
The personal injury claims process in New Port Richey typically involves several steps. While each case is unique, the following is a general overview of the process you can expect when pursuing a personal injury claim in New Port Richey:
- Seek Medical Attention: If you are injured in an accident, your health should be your top priority. Seek immediate medical attention, even if your injuries appear minor. Document all medical treatment and follow your doctor’s recommendations.
- Consult with a Personal Injury Attorney: It’s advisable to consult with a personal injury attorney in New Port Richey as soon as possible. An attorney can evaluate the strength of your case, advise you on the next steps, and help protect your legal rights.
- Investigation and Evidence Gathering: Your attorney will conduct a thorough investigation of the accident, which may include gathering evidence such as accident reports, witness statements, photographs, and medical records.
- Notifying the At-Fault Party’s Insurance Company: Your attorney will notify the at-fault party’s insurance company of your intent to file a claim. They will provide the necessary documentation and negotiate with the insurance company on your behalf.
- Filing an Insurance Claim: Your attorney will submit your claim to the at-fault party’s insurance company and outline the details of your claim, including the extent of your injuries, medical expenses, lost wages, and other damages.
- Negotiations: Your attorney and the insurance company will engage in negotiations to reach a settlement. This process may involve back-and-forth communication and may take some time to reach a satisfactory agreement.
- Settlement or Filing a Lawsuit: If a fair settlement cannot be reached through negotiations, your attorney may recommend filing a lawsuit. This involves initiating a formal legal action against the at-fault party.
- Discovery: During the litigation process, both parties engage in “discovery,” where they exchange information and evidence related to the case. This may include depositions, written interrogatories, and document requests.
- Mediation or Alternative Dispute Resolution (ADR): Before going to trial, the parties may engage in mediation or other forms of ADR to attempt to resolve the dispute. Mediation is a facilitated negotiation process with a neutral third party.
- Trial: If your case proceeds to trial, a judge or jury will hear the evidence, and a decision will be made regarding liability and damages.
- Verdict and Judgment: The judge or jury hearing your case will render a verdict. If you are successful, the court will enter a judgment in your favor, specifying the amount of compensation you are entitled to.
- Collection of Damages: Once a judgment is obtained, your attorney will work to collect the awarded damages from the at-fault party’s insurance company or assets.
- Conclusion of the Case: The case concludes either with a settlement, court judgment, or another resolution. Your attorney will advise you on how to proceed based on the outcome.
The personal injury claims process can be complex, and the timeline can vary significantly depending on the specifics of your case. Consulting with an experienced personal injury attorney in New Port Richey is highly recommended to navigate this process effectively and increase your chances of a successful outcome.
Questions Frequently Asked of New Port Richey Personal Injury Lawyers
Personal injury law covers many accidents and injuries, and each case involves unique facts and circumstances. However, all of these types of personal injury claims involve a similar process for seeking compensation. Below, we answer some of the questions that our clients from New Port Richey ask us most often about seeking compensation for injuries incurred in accidents.
I Sustained Injuries in an Accident Caused by a Commercial Truck Driver. Who Bears Liability?
With a vehicle that has significant blind spots on all four sides, weighs 20 to 30 times more than the average passenger car, and can require up to 40 percent more distance to come to a complete stop, commercial trucks—also known as tractor-trailers or big rigs—have the potential to cause catastrophic injuries or even death.
Because of the high risk of injury to the occupants of other vehicles, truck drivers and trucking companies must follow a series of federal requirements that involve a higher duty of care than drivers of personal vehicles, including obtaining a special license to operate the vehicle on the roadway, random drug and alcohol screenings, limits on the number of hours the driver can drive, and more.
Because of these federal requirements, determining liability in a truck accident can prove tricky.
However, some potential sources of liability include:
- The at-fault truck driver, whose careless or reckless actions led to the accident, failed to uphold the duty of care expected of commercial truck drivers.
- The trucking company, if the driver worked for one. Trucking companies must properly vet their drivers through background and driving history checks to ensure that the drivers have the proper training to handle the rigors of the job. If the company owns the truck involved in the collision, the company must ensure that the truck has received all proper maintenance and has all required insurance.
- The shipper, if the accident resulted from improperly loaded cargo, or if the shipper utilized a trucking company or driver without adequate insurance.
- The individual or entity tasked with performing maintenance on the truck if the collision resulted from a maintenance issue.
- The manufacturer or distributor of the truck or parts used on the truck, if the wreck occurred because of a product defect.
Can I File a Claim Against a Government Agency for an Injury I Received From a Slip and Fall on Public Property?
Without knowing the details of your case, generally speaking, injured individuals can file lawsuits against governmental entities responsible for ensuring that public properties don’t have any hazards that can cause injury to guests. However, the process of doing so may prove slightly different from the regular personal injury claims process.
- Governmental employees cannot bear liability for harm to others unless the harm was intentional. Instead, the injured individual would file a claim against the agency tasked with maintaining the premises.
- Damages in cases against the state’s government cannot exceed $200,000. This limit extends to $300,000 if the claim involves multiple state entities.
- Courts will not award punitive damages or interest in personal injury claims against the government.
- If you file a claim against the state, you must file a written claim to the appropriate agency—as well as the state’s Department of Financial Services—no later than three years after the accident.
- If you receive a claim denial, then you can file a personal injury lawsuit against the agency within three years of the date on which the accident occurred.
The process may prove different for local, county, or federal government claims. Our experienced personal injury attorneys can advise you on how to proceed in those instances.
Can A New Port Richey Personal Injury Attorney Help Me Seek Compensation From My PIP Policy and File a New Port Richey Personal Injury Lawsuit?
Yes. While you must meet the serious injury threshold to be entitled to damages over and above actual out-of-pocket medical bills, you may seek compensation through both processes if your expenses exceed the limit of your PIP policy. The minimum required amount of PIP insurance—which many Florida drivers choose to purchase—is $10,000. Most injuries that require ambulance service, treatment in the emergency department, surgery, or a hospital stay will generate more than $10,000 of expenses fairly quickly.
I Suffered a Miscarriage as a Result of a Car Accident. Can I File a Wrongful Death Claim with a New Port Richey Personal Injury Attorney?
According to the U.S. National Laboratory of Medicine, automobile crashes constitute the largest single cause of death for pregnant women and the leading cause of traumatic fetal injury mortality in the United States. Unfortunately, however, the death of a fetus does not meet the qualifications for a wrongful death claim in Florida. Instead, you can claim the miscarriage as a physical injury to yourself in a personal injury claim. This will meet the serious injury threshold, as death is a qualifying factor.
Contact Us to Learn More About How Lucas, Macyszyn & Dyer Can Help Your Claim
With twenty years of service to injured victims, the injury lawyers at Lucas, Macyszyn & Dyer stand ready to ensure you are treated fairly and to help you obtain compensation to cover the full cost of your injuries.
Our lawyers will never charge you out-of-pocket costs for your precious time, and handle personal injury cases on a contingency fee basis, meaning that we will only collect a fee if we bring your case to a successful resolution.
Contact us online or by calling (727) 849-5353 for your free case evaluation, during which you can discuss the details of your accident and determine your eligibility to pursue compensation.
Client Testimonials
“Lucas and Macyszyn was instrumental in accomplishing the mission at hand. We had to do absolutely nothing once the ball was set in motion. Weekly reports were the norm as the process progressed. The staff were all courteous and very easy to work with. I would recommend this law firm if you don’t already have one on retainer.”
Review by: Les M.
Review: 5/5
★ ★ ★ ★ ★
Check out some of our other reviews.
Additional Resources
New Port Richey Emergency Rooms
Seek immediate medical attention for any serious injuries you suffer in New Port Richey because of someone else’s negligence at the following medical provider:
As soon as you are able after receiving treatment, contact Lucas, Macyszyn & Dyer for a free consultation concerning your injury claim.
*Disclaimer – Lucas, Macyszyn & Dyer does not endorse this healthcare provider, nor do we profit from having them listed on our website.
New Port Richey Courthouses
- New Port Richey Courthouse: 8700 Citizens Dr, New Port Richey, FL 34654
- Pasco County Clerk of Circuit Court: 7530 Little Rd, New Port Richey, FL 34654
- Pasco County Judicial Department: 7530 Little Rd #106, New Port Richey, FL 34654
Neighborhoods We Serve In New Port Richey
Massachusetts Heights (34653),La Mottes(34652), Twin Lakes Village (34652), Royal Park East (34653), Allens Riverview Estates (34652), Maki Heights (34653)