How to Choose a Personal Injury Attorney 

How to Choose a Personal Injury Attorney

If you have been injured in an accident, you have a lot on your mind. You are working to heal while dealing with the difficulties an injury can bring to your personal and work life. The last thing you want to do is get stuck in the tedious process of finding an attorney to work with you on your personal injury case.

While it might feel like a burden, finding the right attorney can be essential to getting what is due to you after an accident that was not your fault. An experienced personal injury attorney can help you get the full justice, compensation, and results you deserve.

Make sure you find the best lawyer for your unique situation. Learn how to choose a personal injury attorney for your case.

How to Choose a Personal Injury Attorney

Knowing how to choose a personal injury attorney comes from asking the right questions. Discuss the following topics with potential lawyers to find the one best suited to take on your case.

Experience

Look for an attorney who has experience that matches the unique details of your case. Talk to a potential attorney about their past cases and the type of personal injury they specialize in. They may focus in one of the following types of personal injury cases:

  • Auto accident
  • Boating accident
  • Medical Negligence
  • Slip and fall
  • Premises liability
  • Workplace accident
  • Animal attack
  • Assault and battery
  • Wrongful detail

Discuss the details of your injury and if they have handled cases that are similar to yours. Have they worked with a client who has an injury similar to yours? Also, discuss the location of your accident. Find out if they have successfully fought personal injury cases that occurred at the workplace, in a public place, at a commercial business, in a medical facility, or at an individual’s home.

The more their experience aligns with your case, the better they will be able to develop arguments to fight on your behalf.

Fees

Talk to potential attorneys about their fee structure. You don’t want to end up with an attorney you can’t afford or one that takes a majority of your award. Discuss the different fee structures and what you will be expected to pay.

  • Hourly Basis: The attorney tracks their time and charges a rate per hour.
  • Flat Fee Basis: The attorney charges a set rate for a specific case.
  • Contingency Basis: The attorney is paid based on the outcome of the case.

In some cases, attorneys also charge for the time their team puts in on a case or for court fees. Be sure to ask what other charges could arise during your case to get a full idea of the cost.

Related: How Much Does an Attorney Cost? 8 Questions to Consider

Working Style

Many large law firms have a few attorneys who are the face of the practice. Potential clients meet with them during consultations, hire them, and then never see them again. At many firms, clients are often passed over to a team of associate attorneys or paralegals once work on their case begins.

If you want to work directly with the attorney you meet with, discuss their working styles before hiring them. Will they pass you over to an associate? Will they communicate directly with you? Will they be working on your pleadings and arguments? Will they be in court with you?

Related: Want to Sue for Personal Injury? Take These 4 Steps

Expected Award

During the consultation, ask the attorney if they have an expectation for your case. Try to get an idea of what type of personal injury compensation you may receive. Discuss the following types of compensation with the attorney and what they think you can fight for.

Special Compensation Damages

  • Immediate medical bills (hospital expenses, surgeries, prescriptions, etc.)
  • Future medical bills (physical therapy, massage therapy, prescriptions, chiropractor sessions, pain management treatment, mental health treatment, etc.)
  • Cost of home-care and domestic services
  • Lost income
  • Loss of future earnings
  • Property damage
  • Costs of altered plans (canceling a vacation, wedding, etc

General Compensation Damages

  • ​Debilitating long-term physical impairments
  • Physical disfigurement or deformities
  • Emotional trauma (stress and anxiety)
  • Loss of consortium or companionship
  • Damage to lifestyle because of the injury

Wrongful Death Damages 

  • Pre-death medical bills
  • Cost of funeral and burial
  • Loss of consortium or companionship
  • Emotional distress of surviving family
  • Loss of financial contribution

Punitive Damages: Extra compensation awarded when there is proof that the injury was a result of malicious or intentional conduct.

Related: How to Prove Fault in Personal Injury Case

How to Pick a Personal Injury Attorney: Get a Free Consultation

​Knowing how to choose a personal injury attorney and what questions to ask is the first step in the process. The next step is finding a personal injury lawyer and scheduling a free consultation.

During a free consultation, go through each of these categories and ask questions to help you determine if the attorney is the right fit for you and your case.

Get started with your free consultation with a personal injury attorney today. Request a call with TJ Grimaldi. Schedule your consultation or call 813-226-1023 now.

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How to Find a Personal Injury Lawyer

How to Find a Personal Injury Lawyer

If you don’t regularly deal with attorneys, the process of hiring a lawyer can be intimidating. The stress of finding an attorney can be even higher if it is related to a personal injury case.

If you have been injured or experienced a loss, the last thing you may want to do is start the process of finding an attorney. But finding an attorney doesn’t have to be stressful, and it can be extremely beneficial to you and your loved ones.

The right personal injury attorney can guide you through a difficult situation and lead you to a positive outcome that gives you the justice, compensation, and results you deserve. Don’t wait any longer. Use this guide on how to find a personal injury lawyer to start the process today.

What Is a Personal Injury Attorney?

A personal injury attorney specializes in civil lawsuits that help people receive compensation after they have been injured due to the negligence or wrongdoing of another person or company.

Personal injury cases may relate to:

What Does a Personal Injury Lawyer Do?

A personal injury lawyer’s primary task is to advocate for their clients to ensure that they receive fair compensation for injuries caused by the negligence or wrongdoing of another party. A personal injury attorney works to:

Determine if you have a case. The first thing an attorney will do is review your case and determine if you should sue for personal injury. An experienced attorney won’t let you waste your time on a case that won’t be successful. They will let you know if you can seek damages and what your compensation might be.

Develop and win your case. Your attorney will gather evidence and testimony to prove your case in court. To prove fault in a personal injury lawsuit, you must have evidence that shows:

  • The accident was caused by negligence.
  • The accident led to injury.
  • The injury led to damages.

Guide you through a deposition. During a personal injury lawsuit, you may be required to sit for a deposition to tell your side of the story. Your attorney will help you prepare for personal injury deposition so you feel comfortable and prepared to effectively share the details of what happened to you.

Help you collect full compensation. An experienced personal injury lawyer knows the tactics corporations and insurance companies use to minimize the amount of compensation they must pay out. Your attorney will fight on your behalf to ensure you get the complete and full amount of compensation owed to you.

Related: Personal Injury Compensation: What Can You Fight For?

When To Hire a Personal Injury Attorney

Knowing how to find a personal injury attorney is as important as knowing when to hire one. It’s a good time to talk to a personal injury lawyer:

Immediately after an accident. The ideal time to hire a personal injury attorney is immediately after the accident or incident. First, get the medical care you need. Then, find an attorney to take on your case.

If you are unhappy with your settlement. If you worked with an insurance company to obtain a settlement after an accident and you are unhappy with the details, contact an attorney to see if you have a case to fight for more.

If you are unhappy with your current attorney. In most cases, you can change attorneys if you are not happy with the way they are approaching your case. If you are not satisfied with your current attorney, you can look for alternative options.

How Much Does a Personal Injury Attorney Cost?

In most cases, personal injury attorneys do not charge a set fee or hourly rate. Instead, they typically charge a contingency fee. Under a contingency fee, personal injury lawyers are not paid upfront. They are only paid if and when the client collects.

When interviewing potential attorneys, ask about how and when they are compensated and if you will need to make any upfront payments.

How to Find a Personal Injury Lawyer

If you or a loved one have been injured due to the negligence or wrongdoing of another party, you deserve to be made whole. The first step in seeking justice is scheduling a free consultation with a personal injury lawyer.

A free consultation with a lawyer is the time to share the details of your case, get to know potential attorneys, and decide who is right for you. Use this time to find out how attorneys will approach your case and who will be working with you throughout the process.

Find out if the attorney you meet with will be managing your case. In many law firms, a principal attorney or partner lawyer may initially meet with you — but you may never see them again. Find out who will be working on pleadings and arguments, who will be communicating with you, and who will be in court with you.

Request Your Free Consultation

You are not responsible for the financial and personal burdens caused by an accident that was not your fault. If you or a loved one has had their life changed due to an injury, it’s time to get justice. Now you know how to find a personal injury lawyer. Get started today.

TJ Grimaldi is an experienced personal injury attorney who has helped countless clients and has recovered millions of dollars. Each of our clients works directly with TJ Grimaldi on their cases. See how TJ can help you get what is owed to you, and only pay when you win. Schedule a free consultation today. Request your consultation or call 813-226-1023 now.

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What To Do After a Slip and Fall Accident: 4 Steps To Take Right Away

What to Do After a Slip and Fall Accident

If you’ve been involved in a slip and fall accident, the first thing to do is seek medical attention. The next thing to do is take steps to make sure you will be made whole physically, financially, and emotionally as you recover. Here is what to do after a slip and fall accident.

What Is a Slip and Fall Accident?

A slip and fall accident is an incident when an individual falls as a result of unsafe conditions on public or private property. A slip and fall can result in a slip and fall lawsuit if the individual who fell is injured and the fall was caused by the negligence of a person or company.

Negligence of the property may include wet or slippery floors, inadequate lighting, uneven flooring, poorly maintained pathways, icy walkwalks, or obstacles and debris in walking paths. A slip and fall accident could occur in a public place, on private property, or at a workplace.

Related: 6 of the Most Commonly Asked Questions About Personal Injury 

Who Is Liable in a Slip and Fall Accident?

A liable party in a slip and fall accident is a person or company who is legally responsible for the property and/or at-fault for causing the injury. A liable party must have acted negligently, failed to act, or engaged in some other type of wrongdoing that led to conditions that caused the injury.

A liable party in a slip and fall accident may be:

  • A person or company who owns the property where the accident occurred
  • A commercial tenant who operates on the property where the accident occurred
  • A person or company who manages the property where the accident occurred

Who is responsible will depend on the details of the accident. The liable party would have been able to prevent the unsafe condition that caused the accident and/or been aware of an unsafe condition but failed to resolve it.

Related: Personal Injury Compensation: What Can You Fight For?

What to Do After a Slip and Fall Accident

If you have been injured in a slip and fall accident on private or public property, act quickly. Here’s what to do after a slip and fall accident if you want to seek legal action against the negligent party.

1. Seek medical attention.

Before anything else, take care of yourself. Immediately seek medical assistance. Receiving professional medical care both ensures your injuries are addressed and creates an official report of your injuries.

2. Report the incident.

Report the incident at the location where the slip and fall occurred. If it was a workplace accident or the accident occurred in a public place, talk to management and request an official report of the incident. If there is security footage, request a copy.

3. Collect documentation.

After a slip and fall accident, be vigilant about collecting assets that can support your case. Collect any documentation that can substantiate your claims and show your injuries.

  • Take photos of the property. Capture any details that show the negligent care of the property and what caused you to fall.
  • Create a list of witnesses. Get the names and contact information of anyone who saw what happened.
  • Take photos of your injuries. In addition to the doctor’s report, also document the progression of injuries on your body.
  • Document your losses. If your injuries forced you to take financial losses (such as the cost of missing work, cost of missing a trip that was already paid for, medical needs outside of your documented healthcare bills, etc.), itemize each expense.

4. Call a slip and fall attorney.

Don’t rely on your own knowledge of the law to determine whether or not you have met the requirements for a slip and fall lawsuit. Instead, talk to an experienced attorney who understands what legal standards must be met to win your case. Many personal injury attorneys will not require payment until they win your case, so you have nothing to lose by discussing your case.

Related: Think You Have a Slip and Fall Case? Do This.

Have You Had a Slip and Fall Accident? Take Action Today.

It’s best to take action right away, but if you have been in a slip and fall accident, you can take legal action up to four years after an injury. If you have an injury that was caused by a fall at a public or private location, talk to a slip and fall attorney today.

A personal injury attorney can help you seek financial compensation to cover the medical bills, lost wages, and pain and suffering caused by your injury. Consultations are free with TJ Grimaldi, so request your consultation or call 813-226-1023 today.

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How Do You Sue for Wrongful Death?

If someone you loved was killed due to the negligence or misconduct of another person, you may feel like you have the weight of the world on your shoulders. In addition to losing someone you love, you may also have the strain of financial burdens and hardships as a result of the loss.

While a lawsuit can’t bring back your loved one, it can bring relief to you and your family. When you sue for wrongful death, you can receive financial support to help with the expenses and losses that are a result of the death.

If you are thinking about seeking relief, here is what you need to know about suing for wrongful death.

What Is a Wrongful Death Case?

A wrongful death case is a lawsuit filed in civil court that aims to provide relief for surviving members of a person who was killed as the result of negligence of another party. Survivors file the case to seek financial compensation for losses and damages experienced as a result of the death.

To sue for wrongful death, you must prove two things:

  1. The death was a result of the negligence or maliciousness of an at-fault party.
  2. The death led to financial and/or emotional damages for surviving members of the deceased.

Examples of Wrongful Death Cases

The most common types of wrongful death cases are related to:

  • Vehicle accidents that occur on the road (such as auto, motorcycle, or trucking accidents), on the water (such as in boating accidents), or in the air (such as plane or helicopter accidents).
  • Medical malpractice cases wherein a patient died due to the negligence of their healthcare provider or providers.
  • Product liability or product defect cases wherein a person died because a product failed to work properly or did not include proper warning labels.
  • Premises accidents wherein a person is killed in a situation that could have been prevented but was caused by the negligence of a property owner or manager.
  • Workplace accidents wherein a person is killed at work as a result of unsafe conditions.

In addition to deaths caused by accidents and negligence, wrongful death cases may also include intentional killing.

When someone is killed by a person who showed malicious intent, you can sue for wrongful death in civil court. The case often goes in tandem with a criminal case wherein the person responsible for the death is charged with murder or manslaughter. Criminal cases often result in jail time, whereas civil cases result in damages that must be paid to the family of the deceased.

If you lost a loved one in any of these situations, you may be able to sue for wrongful death and receive damages.

What Do Wrong Death Damages Cover?

Damages refer to losses that are a result of the death. When you sue for wrongful death, you will fight to receive compensation for damages related to:

  • Cost of funeral and burial
  • Pre-death medical bills
  • Loss of financial contribution and future wages
  • Loss of consortium or companionship
  • Emotional distress of surviving family

Related: Personal Injury Compensation: What Can You Fight For?

How Do You Sue for Wrongful Death?

#1) Determine who can sue for wrongful death.

In Florida, state statutes dictate who can sue for wrongful death. Only certain parties are able to file a wrongful death claim. The party must be a designated beneficiary of the deceased.

Chapter 768.18 defines these parties as: “the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.”

If one or more of these parties are connected to the deceased, you may be able to work together to seek justice and damages for your lost loved one.

#2) File your case right away.

You have up to two years to file a wrongful death case, but the sooner you get started, the better. Time is of the essence when it comes to collecting evidence and getting testimony from witnesses.

If you’re considering suing for wrongful death, seek experienced legal representation right away.

Talk to a Wrongful Death Attorney Today

If someone you love was killed due to the negligence of another party, you don’t have to take on the fight for justice on your own. A wrongful death attorney can take some of the burden away from you and fight to ensure that you get justice for your loved one and the financial security you need to care for surviving family members.

If you want to take the next steps to sue for wrongful death, contact TJ Grimaldi today. TJ is an experienced wrongful death and personal injury attorney who knows what it takes to take on insurance companies and the parties trying to limit the relief provided to surviving family members.

Schedule your free consultation to speak directly with TJ about your situation and see how he can get to work on your case right away. Schedule your consultation or call 813-226-1023 now.

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What To Do if You’ve Been in a Trucking Accident

Dealing with the aftermath of an auto accident can be stressful and confusing. It can be even more difficult if you’ve been in a trucking accident that involved a commercial tractor trailer.

When injured in a car accident, you will primarily deal with the driver and their insurance company. But in a trucking accident, you may need to deal with additional parties and multiple jurisdictions, resulting in a more complex process.

Trucking Accidents Aren’t Exactly Like Other Auto Accidents

Accidents that involve commercial trucks require a different legal approach than auto accidents that involve personal vehicles for a few reasons.

The trucking industry is governed by federal laws and regulations, and agencies such as the Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation (DOT) regulate the industry along with departments of transportation in each state.

In addition to multiple layers of regulation and oversight, trucking accidents differ from personal auto accidents in that there are often multiple parties involved. Parties that may have responsibility for the accident or be otherwise involved in the legal process may include:

  • The truck driver
  • The owner of the truck or trailer
  • The company that leased the truck or trailer
  • The manufacturer of any of the parts on the truck or trailer
  • The loader of the truck or trailer

While a trucking accident is a type of personal injury case similar to personal auto accidents, it may require a different and multi-layered legal approach to reach a full and fair settlement.

Related: 6 of the Most Commonly Asked Questions About Personal Injury 

4 Steps to Take if You’re in a Trucking Accident

If you have been in a trucking accident, take these steps right away.

#1) If you have serious injuries, seek medical help immediately.

The first step after being in an accident is always to seek medical care. If you or anyone else in the accident sustained serious injuries, get medical help right away.

#2) Collect evidence from the scene.

If you haven’t sustained major injuries from the accident, assess the scene and begin to collect evidence. As part of the process:

  • Take photos of your vehicle and the truck.
  • Write down the name of the trucking company or any organizations listed on the truck. Also, write down any license or truck numbers displayed on the truck.
  • Get the name and contact information of the driver.
  • Get the names and contact information from any witnesses.
  • Get the names and contact information from on-scene police officers.
  • Ask officers when and where you can get a copy of the accident report.
  • Write down your account of the accident while your memory is fresh.

#3) Even if you feel fine, seek medical help.

Even if you feel okay after the accident, seek medical care. Injuries from accidents don’t always show up right away. Plus, rushes of adrenaline released in your body during the accident can mask injuries.

Seeking medical care will help you get a complete assessment of both your surface and potentially underlying injuries. It will also create a record of your care, which will be essential if you decide to sue for personal injury after the trucking accident. To seek compensation for your injuries, you will need to prove that your physical issues were caused by the accident. The best way to prove it is by having medical records from after the accident.

Related: Personal Injury Compensation: What Can You Fight For?

#4) Don’t contact your insurance company. Contact an attorney.

While your first instinct might be to contact your auto insurance company, you should make another call first. Contact a personal injury attorney.

The goal of insurance companies is to pay out as little as possible for accidents. Your auto insurance company isn’t going to fight for you; they are going to fight to minimize their payout.

An attorney, on the other hand, works for you. They will have your best interest in mind and take all the necessary steps to ensure you get the compensation you deserve to cover the expenses and damages caused by the accident.

What To Do If a Loved One Was in a Trucking Accident

If it wasn’t you, but a loved one who was injured in a trucking accident, you have options for pursuing a legal case.

If the person injured in the accident is unable to fight for themselves because they have serious injuries, you can take on their case for them. If they have passed away, you can also take on a wrongful death case to seek justice. You have options, and an experienced attorney can walk you through them.

Discuss Your Options During a Free Consultation

If you or a loved one has been injured in a trucking accident, don’t try to wade through the complicated legal process on your own. Talk to an experienced personal injury attorney who can ensure that you take the right approach to get a fair and full settlement.

Schedule a consultation with TJ Grimaldi to discuss your case and your options today. All consultations are free so schedule today. Schedule or call 813-226-1023.

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How to Prove Fault in Personal Injury Case

If you were injured in an accident, the first thing you need to do is seek medical care. Next, you need to find out if you deserve compensation to pay for the damages caused by the accident. You need to determine if another party was at-fault and, if so, whether or not you can prove it.

To prove fault in a personal injury case, you must meet specific legal standards.

You must show the court that a party caused the accident, that you deserve financial compensation to cover the damages you sustained — and that you have adequate evidence to prove it.

How To Prove Fault in a Personal Injury Case

Personal injury cases refer to any situation wherein you were injured, and it was not your fault. The most common types of personal injury cases relate to:

If you or a loved one were involved in any of these situations and injured by no fault of your own, you may have a personal injury case. Consider if you could provide the evidence needed to prove it.

#1) Prove the accident was caused by another party.

Being in an accident isn’t enough to file a personal injury case. You must prove that you were not responsible for the situation that led to the accident. You must clearly show that the accident was caused by another party.

There are three ways another party can be responsible for an accident.

  • Intentional: The party intentionally intended to injure you and caused the accident.
  • Neglect: The party’s neglect or carelessness caused the accident.
  • Strict Liability: The party caused the accident, although it was not intentional or caused by neglect.

To prove to the court that another party caused the accident, you need evidence that shows what happened. You need to tell the story and prove your point through evidence such as:

  • Detailed accounts of the accident
  • Testimony from witnesses
  • Police reports
  • Incident reports (if the event occurred on a commercial property)
  • Video or photos from the accident

Related: 6 of the Most Commonly Asked Questions About Personal Injury 

#2) Prove the accident led to damages.

Once you prove that another party was at-fault for the accident, you must also show that the accident resulted in damages. Damages refer to the losses — physical, financial, and emotional — that occurred as a result of the accident.

To receive personal injury compensation, you must show how the accident caused damages. Damages sustained during a personal injury incident may include:

  • Special compensation damages such as medical bills, future medical bills, cost of home-care, property damage, loss of income, loss of future earnings, and cost of altered plans.
  • General compensatory damages that refer to “pain and suffering” compensation for emotional trauma, long-term physical impairments, physical disfigurement or deformities, loss of companionship, and damage to lifestyle.
  • Punitive damages that include additional compensation if the accident was the result of malicious or intentional conduct.
  • Wrongful death damages which cover costs for funeral and burial, emotional distress of surviving family, loss of financial contribution, and loss of companionship.

To prove fault in a personal injury case, you must be able to provide evidence that details the extent of the damages. Evidence that can support your case includes:

  • Medical records
  • Medical bills
  • Personal injury deposition 
  • Photos of your injuries (the initial injury as well as photos of the injury as it progresses)
  • Photos of damaged property
  • Bills for funeral services, home care costs, therapy, etc.
  • Documents that show missed opportunities (missed work hours, canceled vacations, etc.)

Related: Want to Sue for Personal Injury? Take These 4 Steps   

Bring Your Personal Injury Case to Court

To prove fault in a personal injury case, you must show that another party caused an accident and that the accident resulted in injuries and damages.

If you believe you have the proof to bring your case to court or if you aren’t sure if you have the evidence needed, talk to a personal injury attorney today.

An experienced attorney can listen to the details of your situation and advise you on if you have what it takes to make your case. A lawyer can also help you gather the evidence necessary to win your case. 

Don’t go at it alone if you feel you have been injured in an accident that wasn’t your fault. Get help today. Start with a free consultation with TJ Grimaldi.

TJ is an experienced personal injury attorney who knows what it takes to win a case and get the full compensation you deserve. Don’t question your case. Get answers today.

Schedule your consultation or call 813-226-1023 to talk to TJ today.

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Workplace Accidents: Is It Workers’ Comp or Personal Injury?

If you have been involved in a workplace accident, you might be confused about what to do next. You may be aware that filing a workers’ comp or personal injury case can help you collect compensation that is owed to you to cover your expenses. But, you might not be sure what is the best approach for your situation.

To help guide you through a workplace accident, consider the difference between workers’ comp and personal injury and see what is right for you.

What Is Workers’ Comp?

Workers’ comp, or workers’ compensation, is a type of insurance an employer has to cover expenses if a worker gets sick or injured on the job. Workers’ comp typically covers the cost of medical care and lost wages for the injured or sick employee. It may also pay out funeral costs and death benefits to the family if the employee is killed.

Employees can file a worker’s comp claim only if their injury or illness was caused by the duties of their job. For example, a worker can file a workers’ comp claim if they slip and fall from a ladder while performing an on-the-job task.

Employers are responsible for carrying workers’ comp insurance. Each state has varying rules and regulations regarding workers’ comp and an employer’s responsibility for providing it.

Workers’ comp offers some protection to both the employer and employees. It protects employees by ensuring that they receive compensation if they are injured at work. It protects employers by protecting their assets in the event that an employee is injured. Workers’ comp insurance protects an employer from their employees filing a lawsuit against them (or other workers).

Related: Think You Have a Slip and Fall Case? Take These 7 Steps

What Is Personal Injury?

Personal injury is a type of legal case that involves a party who was injured (the plaintiff) due to the negligence of another party (the defendant). In a personal injury case, the plaintiff was injured and incurred expenses such as medical costs and lost wages as a result of the injury. The injured party may have also incurred damages related to pain and suffering, loss of future income, and long-term care costs.

In a personal injury case, the plaintiff must prove that the injury was a cause of negligence and that it directly led to the injury and damages. There are many types of personal injury cases such as auto accidents, medical negligence, product liability, and animal attacks.

The personal injury cases that have a blurry line with workers’ comp cases often relate to slip-and-falls and premises liability. In these cases, a worker was injured at work, but it may also fit some of the criteria for a personal injury case.

Related: 6 of the Most Commonly Asked Questions About Personal Injury   

What’s the Difference Between Workers’ Comp and Personal Injury?

There are a few primary differences between a personal injury case and a workers’ comp case.

You must be able to prove fault in a personal injury case. If no one is at fault (or you cannot prove that someone’s negligence led to the accident), you do not have grounds for a personal injury case.

You do not need to prove fault in a workers’ comp case. In most situations (there are some exceptions), workers injured on the job are eligible for workers’ comp regardless of who is at fault. The injured party does not need to prove that there was an at-fault party.

Workers’ comp does not cover pain and suffering damages. Personal injury does. Pain and suffering damages refer to non-monetary harm such as physical disfigurement or deformities, emotional trauma, loss of consortium, damages to lifestyle, and debilitating long-term physical impairments. A personal injury case may provide damages related to pain and suffering, whereas a workers’ comp case will not.

Should I File a Workers’ Comp or Personal Injury Case?

If you were involved in a workplace accident, you might be wondering if you have a personal injury case or a workers’ comp case.

In most cases, you will have a workers’ comp case if you are injured at work, but you may also have grounds for a personal injury case if:

  • There was intentional or malicious activity that caused your injury.
  • The negligence that led to your accident was linked to an illegal or intoxicating substance.
  • A third-party not affiliated with your employer caused the accident.
  • Your employer did not carry workers’ comp insurance.
  • Your injury was caused by a defective product used while at work.

Related: Personal Injury Compensation: What Can You Fight For?

How to Move Forward with a Personal Injury Case

If you believe your accident was not a case for workers’ comp and you are looking to sue for personal injury, TJ Grimaldi is here to help.

TJ Grimaldi is an experienced personal injury and slip and fall attorney who knows what it takes to go up against insurance companies and fight to get what is rightfully yours. Don’t let insurance companies nickel and dime you in your settlement. Work with TJ to get the full compensation you deserve.

All consultations are free. Call today to see how TJ can help. Schedule your free consultation or call 813-226-1023.

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Florida Is a No-Fault State & What That Means For Auto Accidents

If you’ve heard that Florida is a no-fault state when it comes to auto accidents, you might be confused about what that means. The phrasing “no-fault” leads many people to misunderstanding the law.

Here is what you need to know about Florida being a no-fault state and what it means for you if you have been injured in an auto accident.

The Difference Between Fault and No-Fault States

A state is typically considered either a fault or no-fault state when it comes to auto accidents.

Fault States

Most states are considered “fault states.” They operate in a tort insurance system. In a fault state, the driver who caused the accident is responsible for damages incurred by the injured party.

Fault is typically determined by a police officer who uses evidence such as witness statements and on-site details to explain what they believe happened. If a party doesn’t believe they are at-fault, they can create a legal argument to prove that they did not cause the accident.

The insurance company for the at-fault party pays the damages for other involved parties. If the insurance company does not cover all of the losses, the injured party can file a personal injury lawsuit against the at-fault driver.

No-Fault States

Twelve states are considered “no-fault states.” In these states, the party responsible for the accident is not necessarily responsible for paying for damages incurred by the injured party. Both parties use their own insurance to cover their damages.

In these states, drivers must have Personal Injury Protection (PIP) auto insurance. Drivers insure themselves to protect themselves from the financial costs of being in an accident. PIP insurance covers damages for the driver whether they are at-fault or not. PIP insurance typically covers the costs of medical fees, lost wages, and funeral costs.

No-fault insurance is intended to make it easier and faster for injured parties to receive financial compensation. Each driver’s insurance is responsible for their claims, lessening the need for litigation and negotiation between two parties. This design does not mean that litigation is never involved in a no-fault state. Parties who believe they have not received fair and adequate damages can bring litigation against their insurance company.

Florida Is a No-Fault State

Florida is a no-fault state. Other no-fault states include Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.

Related: What To Do After a Car Accident That’s Not Your Fault 

What Does It Mean If You’re Injured in a No-Fault State?

If you have been injured in an accident in Florida, an experienced car accident lawyer can help you determine what that means for your unique situation. In most cases, it means the following.

Seek medical treatment right away. Under most PIP coverage, an injured party is required to seek medical treatment within 14 days of their accident. If you don’t, your insurance may try and deny your claim. If you are injured in an auto accident, it is always recommended to immediately seek medical treatment.

Related: Injured in a Car Accident? Here’s What You Need to Do Right Away.

Your insurance company is responsible for damages. In a no-fault state, your insurance company is responsible for compensating you for personal injury damages as they relate to medical expenses, lost wages, and funeral costs.

You don’t need an attorney to receive compensations from your insurance company — but it is a good idea to seek representation. While you can file a claim with your insurance company on your own, it is a good idea to work with an attorney if you have been injured in an auto accident. Insurance companies are set up to provide injured parties with the lowest amount of compensation possible. An attorney will fight for you to ensure that you get the full settlement you deserve.

Related: Personal Injury Compensation: What Can You Fight For?

You can still file a personal injury lawsuit against a negligent driver. Even in a no-fault state, you can still sue for personal injury if you suffered serious and/or permanent injuries during an auto accident that wasn’t your fault. In the event that the negligence of another driver left you with long-term damages, you can seek additional damages from the at-fault party. An auto accident attorney can help you file a lawsuit and negotiate a settlement that covers damages related to:

  • Medical expenses beyond your PIP limit
  • Lost wages
  • Loss of future income
  • Property damage
  • Pain and suffering
  • Emotional trauma

Talk to an Auto Accident Attorney in Florida

Dealing with insurance companies after an accident can be confusing and stressful. Don’t put pressure on yourself to figure it out on your own.

If you have been injured in a car accident in Florida, talk to an experienced personal injury attorney who can help you sort through the legal guidelines and ensure that you get what is fair and due to you from your insurance company.

Schedule a consultation with TJ Grimaldi to see how we can help you with your case. All consultations are free so schedule or call 813-226-1023 today.

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How to Prepare for a Personal Injury Deposition

Part of going through the legal process for a personal injury is telling your story. One way you will share what happened to you and how the results of the accident impacted your life is through a personal injury deposition.

What Is a Personal Injury Deposition?

A deposition is a part of the legal process wherein a plaintiff, defendant, or witness gives sworn testimony. The witness is under oath and compelled to answer questions from both sides of a legal dispute. Depositions are held at a lawyer’s office or in a nearby courthouse. A court reporter is usually present during a deposition and responsible for transcribing the interview into a print document.

A personal injury deposition typically takes place in the discovery phase — the time after the lawsuit has been filed and before a settlement is made. The personal injury deposition is used to collect facts and evidence about the case.

If you are the injured party in a personal injury case, a deposition will be very important to your case. It is your opportunity to prove points of your case and provide information about how the injury happened and how it has impacted your life.

Related: 6 of the Most Commonly Asked Questions About Personal Injury 

How To Prepare for a Personal Injury Deposition

Don’t go into a deposition unprepared. Work with a personal injury attorney to prepare so you feel confident and comfortable going into the deposition.

Write down your story. Going into your deposition, you should know the details of your story inside and out. To help you remember each detail and fact, write down your story to get everything out on paper. Recount:

  • Details of the accident
  • Injury and damage descriptions
  • Life after the accident

(Note: You may not be able to take your notes to the deposition as they could be considered as evidence. Look for guidance from your attorney about whether or not to bring notes to your deposition.)

Review weak points in your case. If you are the one who has sued for personal injury, the other party is going to do what they can to try and fight your case. They are going to look for weak points in your story to help their case. Before your personal injury deposition, review the points that you believe the other side will try to make. Prepare answers for those questions, and be ready for the defense attorney to push you on issues that will show weaknesses in your story.

Practice. One of the benefits of working with an experienced personal injury attorney is that they will know what to expect during a deposition and help you practice for what it will be like. Go through mock depositions so you feel comfortable fielding questions and giving your answers.

Get rest the day before. You want to be well-rested and clear-headed the day of your personal injury deposition. The day before, take care of yourself and get a good night of sleep.

Related: Think You Have a Slip and Fall Case? Take These 7 Steps

Tips for Getting Through Your Deposition

Planning ahead is one of the best tips for getting through a personal injury deposition. Use these other best practices to successfully navigate the process.

Take your time. Don’t rush through the questioning. When asked a question, take a moment to run it through your head. Before you speak, make sure you fully understand the question and how you want to respond. If you don’t understand the question or it seems vague, ask for clarification before offering information.

Don’t volunteer additional information. You are required to answer questions during a deposition, but you are not required to offer supporting details. Don’t guess. Don’t fill in the blanks. If you don’t remember or know the answer, say so. If asked a yes or no question, simply respond with a yes or no.

Take it seriously and remain calm. A deposition is not the time to make jokes or show anger. Focus on sticking to the facts, and be professional and polite. Don’t argue with the attorney or include sarcastic comments. Avoid small talk and be as straightforward and concise as possible.

Always tell the truth. You are under oath during a personal injury deposition. It is your obligation to tell the truth, and you should never lie. Lying during a deposition can come back to hurt your case if the other side can show that you were not truthful.

Let your attorney lead you. When you have a trusted personal injury by your side, look to them for guidance throughout the process. If you aren’t sure how to answer something or need clarification, speak privately to your attorney. If your attorney objects to any questions, wait until you are instructed to answer before providing information. An experienced attorney will know how to best guide you through the process.

Related: Personal Injury Compensation: What Can You Fight For?

Start Preparing Your Personal Injury Case Today

A deposition is only one part of a personal injury case. Take these steps to prepare for this portion of your case and make sure you get the right support throughout the entire process by talking to a personal injury attorney today.

Start your case off with the right legal approach. Begin to build your case so you can get what is fair and due to you if you have been injured in an accident.

Talk to TJ Grimaldi today to get answers to you r questions about depositions and the overall legal process for your case. All consultations are free. Schedule or call 813-226-1023 today.

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Is It Time to Call a Product Liability Attorney? Find Out If You Have a Case

When you purchase a product, you reasonably expect that it will work as intended and that you will be safe using it. You never expect that you will be injured or hurt while using the product. But occasionally, a product does not work as intended and causes harm to the user. In this case, you need to talk to a product liability attorney.

How Can a Product Liability Attorney Help?

A product liability attorney represents individuals or groups of individuals who have been injured by a malfunctioning product. The product did not work as intended and caused harm to the person or people using it.

A product liability attorney is a type of personal injury lawyer. They work with the injured party to construct and present their case. To win the case, they must:

  • Prove that the product didn’t work as promised and/or malfunctioned
  • Prove that injury was caused as a result of the product defect
  • Prove that damages (financial and/or non-financial) were incurred by the injured party

When you work with an experienced product liability attorney, they will know the best way to approach your case, provide the necessary proof, negotiate a just and fair settlement, and take the case to court if needed.

Related: Personal Injury Compensation: What Can You Fight For?   

Do You Have a Product Liability Case?

If you are considering whether or not to seek the help of a product liability attorney and sue for personal injury, consider if you have a viable case.

To have a viable case, you will need to prove four things.

  • Intended Use: You were using the product as it was intended for use. There was nothing unusual about the way that you used the product.
  • Existence of a Product Defect: There was a defect in the product that made it not work as intended. The product malfunctioned, broke, was not made properly, or was not designed properly.
  • Causation: The defect directly caused damages. Injury, death, or damages would not have occurred if it wasn’t for the existence of the product defect.
  • Damages: You experienced a loss physically, financially, or emotionally because of the defect. You must be able to prove the loss through evidence such as medical bills, photos of damaged property, pay stubs showing lost wages, etc.

Even if you aren’t sure if you can meet each of these standards, you can benefit from talking to a product liability attorney. They can work through your case to identify evidence and determine if you have what you need to take your case to court.

Related: Examples of Wrongful Death Cases: Do You Have a Case?  

Types of Product Defects

To bring a product liability case to court, you must prove that there was a defect in the product. Three primary types of product defects can support your case.

Marketing Defects

Product manufacturers are responsible for warning consumers of the non-obvious risks of using their products. If they fail to clearly warn consumers, it can be considered a marketing defect. For example, pharmaceutical companies are responsible for listing potential risks of taking one of their drugs. If they fail to notify consumers of potential risks, they can be held responsible for a marketing defect.

Manufacturing Defects

Manufacturing defects occur when a product is not made properly due to an error or problem during production. The defect is not consistent with the entire product line. It only occurs in products made during the manufacturing malfunction. For example, a batch of bicycles may have been made without an integral part of the brake system. Those bikes have a manufacturing defect, whereas other bicycles made properly do not.

Design Defects

Unlike manufacturing defects, design defects occur in an entire product line. The problem exists with every product because the problem exists in the design. The standard product design can cause injury or harm. An example of this could be a stroller that was deemed safe by manufacturers but ended up causing multiple injuries due to a design flaw that made the stroller likely to tip over.

Related: 6 of the Most Commonly Asked Questions About Personal Injury 

Find a Product Liability Attorney in Tampa

If you or a loved one were injured or died due to the defects of a consumer product, you have a right to compensation and damages. You have a right to be made whole again.

Don’t go into this fight on your own. Talk to an experienced product liability attorney who knows what you need to do to get a full and fair settlement. Talk to TJ Grimaldi.

All consultations with TJ are 100% free. Call today to see if you have a case and if so, what is the best approach for taking your case to court. Schedule your free consultation or call 813-226-1023.

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