A personal injury claim is a claim for injuries that is commonly based on the negligent conduct of someone other than the victim. If an innocent party is injured due to the unreasonable conduct of another person or entity, the party at fault is legally responsible for the damage. The injuries caused by the negligence a person or entity may result in catastrophic injury, lifelong disability, rehabilitation needs and unnecessary suffering.
Florida personal injury attorney, Michael Barszcz, M.D., J.D.,possesses a unique skill set that distinguishes him from many of his legal colleagues. Mr. Barszcz is civil trial attorney who is also a medical doctor. For more than 24 years, Mr. Barszcz has fought aggressively for the rights of injured accident and medical malpracticevictims and has recovered more than $100 million dollars for his clients.
Injury Cases We Handle
There are several types of personal injury cases. In the most basic terms, a personal injury is any injury you sustain due to the negligent or reckless behavior of another party. Negligent parties may include an individual, a company, or even a property owner or management firm. Many personal injury lawsuits actually have several responsible parties.
We handle a wide range of cases, including the following:
- Dangerous drugs
- Dog bites
- Motorcycle Accidents
- Pedestrian accidents
- Plane accidents
- Premises liability
- Slip and falls
- Train accidents
- Truck accidents
- Wrongful death
- ATV accidents
- Bus accidents
- Car accidents
- Catastrophic injuries
How Do I Know If I Have a Personal Injury Claim?
You may have a personal injury claim if you have suffered an injury or lost a loved one due to someone else’s negligence or careless actions. An injury may leave you with costly medical bills, time away from work, lost wages, mental anguish, and pain and suffering. The person responsible for your injuries should be held accountable.
The three elements that you must prove in order to claim compensation are:
- A third party is responsible for your injuries
- You suffered a personal injury or that you have financial damages
- The defendant caused your personal injury
Financial Damages You May Be Eligible To Receive
Compensation for damages that you have sustained due to your injuries will be based on several things such as:
- All associated medical bills
- The value of your property that was damaged, destroyed, or lost
- Lost wages and time off work
- Your ability to continue working
- Pain and suffering you have endured
- Rehabilitation and physical therapy
- Loss of companionship
Florida’s Personal Injury Statute of Limitations
The state of Florida has established certain deadlines, called a statute of limitations, that govern how long you have to file a personal injury claim. If the deadlines pass, you will no longer be able to file a claim. In order to ensure that you do not miss these important deadlines, you should consult an experienced personal injury lawyer as soon as possible after your accident.
In Florida, the statute of limitations for most personal injury cases is four years. In other words, you have four years from the date of your injury to file a claim against the negligent parties. However, there are exceptions to this rule. Some types of personal injury cases only have a two year statute of limitations. These include: Medical Malpractice and Wrongful Death.
Time is of the essence. While you have several years to file your personal injury claim, it is not wise to wait until the statute of limitations is approaching to hire a lawyer. Over time witnesses may move away, or their memory of the events associated with your injury may not be as clear. In certain types of cases, it is important to investigate the accident scene while the evidence is still fresh. By waiting too long, you may compromise your lawyer’s ability to build the strongest case possible.
Mr. Barszcz may work with a team of investigators to gather the evidence necessary to prove the liability in your case. Generally, the earlier an investigation of your case is started, the better chance we have of recovering evidence.
Types of Injuries Caused By Negligence
The injuries you can sustain in these accidents are likewise limitless. Our attorneys focus on catastrophic personal injuries such as:
The severity of your injury can be determined through a comprehensive investigation by our attorneys. In our investigations, we look at the way your injury has impacted every area of your life. Considerations factored into your damage award may include your current and future medical expenses, your ability to continue gainful employment, the way your injury has impacted your quality of life, and any pain and suffering your injury has caused.
Choosing a Personal Injury Attorney
Due to the variety and unique nature of injury causes and effects, hiring a lawyer with extensive experience in a range of injury cases is essential to winning a case. When looking for a lawyer, here are a few things to look for:
- Experience - Due to the variety and unique nature of injury causes and effects, hiring a lawyer with extensive experience in a range of injury cases is essential to winning a case.
- Medical expertise - Since personal injury cases often deal with medical issues, a personal injury lawyer who has extensive medical knowledge, can mean the difference between winning and losing a case.
- Personal attention - In some large law firms, it’s easy for clients to “fall through the cracks” and not receive the personal attention they deserve. Many clients want a firm that is large enough to provide all of the resources necessary and also devoted to making sure that you get the undivided attention you need. The complex nature of personal injury cases means that attention to detail is crucial to a successful outcome.
- Verdicts and settlements - Looking back at an attorney's record of winning verdicts and settlements in personal injury cases similar to yours should give you a sense of the capabilities of your lawyer or law firm. A lack of reasonable verdicts and settlements might indicate a firm that has a good advertising department, but falls short in winning cases for their clients.
Why Choose Michael Barszcz, M.D., J.D.
By choosing an attorney with a medical background, you will be afforded knowledgeable and aggressive legal representation. Mr. Barszcz has the rare distinction of having a medical and legal background. His education, combined with 24 years of experience as a civil trial attorney, allows him to be able to understand your injuries and explain them to a judge or jury in a way many attorneys are not able to. Furthermore, we strive to give every client the individualized attention you deserve.
The moments following an accident or other event, which seriously injures someone, are confusing and overwhelming. You may not know what to do or where to turn if you or a loved one has been injured due to someone else’s negligence or wrongdoing.
Seek medical Attention
If you have suffered a personal injury, you should first seek medical attention. Even if your injuries are not readily apparent, you should see a doctor because many injuries are not immediately obvious. Some injuries, especially soft tissue injuries or brain injuries, do not manifest symptoms for days, weeks or even months following the injury. A doctor will do a thorough evaluation to diagnose your injury and provide the proper treatment.
After you have received the appropriate medical attention, you may want to contact an experienced and knowledgeable attorney. At Michael Barszcz, M.D., J.D., we work to help you understand your rights. Our Orlando personal injury lawyers aim to safeguard your rights throughout the entire process.
Preserve Evidence and Witnesses
You should preserve all possible evidence if you have been injured due to someone’s negligence. You may wish to record names, dates, the identity of witnesses and witness descriptions. Pictures of the accident scene, property damage or physical injuries may also be very helpful to the attorney evaluating your claim.
After you have been involved in any accident, it is very important that you maintain records of the incident. You may wish to prepare notes as soon as possible after the incident to help you remember important events or information. You should record everything you can remember about the incident because it may become important later in the case.
It is also important to record daily events, feelings, thoughts and conversations after your injury so you can establish the mental and physical impact of the incident. You should maintain copies of your medical and insurance records so you can later provide them to your attorney. A log or diary of events will also permit you to accurately discuss significant facts of the incident with your attorney.
If you have suffered a personal injury due to someone else’s negligence, please contact our Orlando personal injury lawyers at the Law Offices of Michael Barszcz, M.D., J.D., for a free consultation.
Hear What Clients Have to Say
Every Move Counts
"I called his office and he spoke directly to me! That made the difference- he handled my case and got me a substantial amount of money to pay my bills and restitution also. He is the Best Personal Injury Attorney in Orlando!"
I can’t afford to hire a lawyer. What are my options?
The attorneys at the Law Offices of Michael Barszcz, M.D., J.D., work on a contingency basis. This means that the attorneys do not receive any fee unless they obtain a recovery for you. The law firm also advances all necessary costs to pursue your claim.
How soon should I file my lawsuit?
The statute of limitations defines specific time frames within which to file claims. The time limits may vary for different types of cases and may depend on specific factual circumstances. Therefore, you should immediately discuss any potential case with an attorney. If the time frame to file a claim elapses you may be forever barred from pursuing a claim.
What If a Third Party Caused My Injuries?
If a third party that is responsible for your personal injury needs to be identified, we will aid you in figuring out who is responsible and establishing a strategy to prove that the third party is responsible. If more than one party may be liable for your injury, we will involve the necessary defendants into your personal injury claim.
How much money will I receive from my claim?
The value of every case is different and dependent on the actual circumstances of the case. Depending on the type of claim, you may be entitled to compensation for your medical expenses, lost wages, property damage, pain and suffering, mental illness, emotional trauma, embarrassment and daily expenses directly related to your case.
Why Should I Hire a Personal Injury Lawyer?
People often think of lawyers in terms of films and television series where a passionate defense attorney makes an eloquent speech to a jury intended to excuse their client’s conduct. Rarely represented are the days, weeks, or months of intensive, unglamorous work dedicated to winning your case. To win a verdict or proper settlementrequires legal training, inspiration, and dedication to clients. Hiring the right lawyer can be essential to getting the compensation you deserve and putting the accident behind you. A quality personal injury attorney understands the laws that govern personal injury lawsuits. They can navigate the complexities of the legal system and the nuanced vocabulary of the law. They can also help you read your policy to protect you from bad faith insurance practices.
Award-Winning & Highly Rated Legal Practice
Uniquely Qualified as a Medical Doctor & Attorney
More Than $120 Million Dollars Recovered
Over 30 Years of Trial Attorney Experience