Types of Personal Injury Cases We Handle in Jacksonville, FL
Our attorneys understand how to effectively investigate accidents and build strong personal injury claims. We are familiar with the strategies insurance companies use to try and underpay and are fierce negotiators who refuse to settle for less than what our clients’ situations demand. If the insurance carrier refuses to offer a fair settlement, we are prepared to go to court to get what our clients deserve.
Our team at Kemp Law can represent you in many types of personal injury claims, including those involving:
Statute of Limitations for Personal Injury Claims in Jacksonville, FL
The statute of limitations for personal injury claims in Jacksonville, FL, is usually two years from the date of the accident. This means you must file your lawsuit within that two-year period or risk losing your right to pursue compensation. For wrongful death claims, the statute of limitations also stands at two years but applies from the date of the victim’s death instead of the date they were initially injured, which may not necessarily be the same date.
Two years can seem like a fairly long time, but you should always try to get legal advice as soon as you can after suffering injuries in an accident that wasn’t your fault. Acting quickly helps our Jacksonville personal injury attorneys build a stronger case by giving us more time to preserve evidence, identify witnesses, and analyze your circumstances without delay.
What Compensation Can I Recover in a Jacksonville Personal Injury Claim?
You can pursue both economic and non-economic damages in a personal injury case. Economic damages represent the financial losses directly tied to your injuries and are calculated based on concrete evidence, including bills, receipts, and expert assessments of future financial needs. Non-economic damages refer to the intangible impact of your injuries, including your pain, suffering, and emotional distress. These damages are calculated by assessing the extent of the harm and its effect on your quality of life.
We can work tirelessly to recover maximum compensation for all economic and non-economic damages, including:
- Medical expenses
- Lost wages and earning capacity
- Property damage
- Emotional distress
- Pain and suffering
- Disfigurement
- Loss of enjoyment of life
Punitive damages are a distinct category of compensation that go beyond economic and non-economic damages. They are intended to punish defendants for particularly egregious or malicious behavior and to deter similar actions in the future. In Jacksonville personal injury cases, punitive damages are only awarded in situations where the defendant’s conduct is found to be grossly negligent or intentionally harmful.
I Was Hit by a Truck on I-295. Who Is Legally Responsible?
Truck accidents, especially those involving large commercial vehicles on highways like I-295, can be extremely complex when it comes to determining liability. Unlike typical car accidents, liability in truck accidents often involves multiple parties due to the commercial nature of trucking operations and the intricate network of responsibilities in the industry.
In other words, the driver of the truck may not be the only party at fault, as the circumstances surrounding a truck collision can implicate other entities. Each case is unique, and the liability in your situation depends on the specific details of what happened.
One or more of the following parties could be liable for a truck accident:
- The truck driver. The truck driver may bear liability if their actions directly contributed to the collision. This could include operating the vehicle under the influence, distracted driving, speeding, violating traffic laws, or driving while fatigued. Truck drivers are expected to follow strict federal and state regulations, such as adhering to hours-of-service rules. Any violations of these rules could result in liability.
- The trucking company. The trucking company can be held accountable for several reasons, including inadequate training, overworking drivers, or improper hiring practices. If the company knowingly allowed unsafe practices, such as encouraging drivers to exceed legal drive-time limits or failing to conduct proper background checks, it may share liability for a crash.
- The truck manufacturer. If a defective part contributed to the collision, the manufacturer of the truck or its components could be liable. It must be proven that a defect existed in the vehicle’s design or production and that this defect played a significant role in causing the accident.
- The third-party maintenance provider. Many trucking companies outsource vehicle maintenance to third-party providers. If negligent maintenance practices, such as failing to replace worn tires or neglecting necessary repairs, led to a mechanical failure, these providers could be held responsible for the resulting accident.
- The cargo loading company. Improper cargo loading or overloading can destabilize a truck and increase the likelihood of accidents. If a cargo loading company failed to load the truck correctly or ignored weight limits, it might share fault for a collision.
Our Jacksonville personal injury lawyers can take the guesswork out of who you need to take legal action against. We can thoroughly investigate your truck accident and identify all liable parties.
Injured in an accident and have questions about your rights and options? We are happy to answer them, so call (727) 788-6792 or contact us online today.
