Florida Personal Injury Lawyers

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Understanding Your Pensacola Accident Claim


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What Do You Need to Know After an Accident? Find Out from Our Pensacola Accident Lawyers 

If you have been injured in an accident and have lots of questions, you are not alone. Nearly every day, our Pensacola accident lawyers hear from individuals who have been seriously injured – or whose loved ones have been seriously injured – due to car crashes, falls, medical mistakes and other accidents. While we encourage you to schedule a free consultation so that we can answer your specific questions in detail, here are the answers to some of the most-common questions we get from prospective personal injury clients:

Our Pensacola Accident Lawyers Explain Negligence 

Most accident cases are the result of negligence, but negligence isn’t always easy to prove. To start, it helps to understand the concept. Negligence occurs when someone acts or fails to act with a level of care that an ordinarily prudent person would in the same or similar circumstances. While this sounds straightforward, it’s important to realize that negligence is rarely black and white. Instead, determining whether the other party was negligent will depend mainly on the facts surrounding your accident. A single fact that seems insignificant can be the difference between a simple accident where no one is at fault and one caused by negligence. 

Furthermore, what is considered negligent behavior will depend on the nature of your case. Here are some common examples of negligence in different types of accident cases: 

  • A driver runs a red light and causes a car accident. 
  • A doctor fails to take a complete medical history and prescribes the wrong treatment.
  • A retail store owner fails to repair a broken step, which causes a customer to trip and fall.  
  • A trucking company fails to replace worn tires on one of its trucks, which leads to an accident. 

If you’ve been injured in an accident, our Pensacola accident lawyers can review your case and determine whether the other party should be held accountable. 

Negligence Results in Unintentional Harm

To better understand negligence, it’s helpful to note that negligence is unintentional. The person who is speeding didn’t intend to cause a car accident or injure another person. They simply failed to take the necessary steps that a reasonable person would take to prevent an accident. Compare this to an intentional tort, such as where someone assaults another person - the assaulter intended to harm the victim. 

Strict Liability Claims are Also Handled by Our Pensacola Accident Lawyers 

Proving negligence is the crux of most accident cases. However, some personal injury cases are judged on a strict liability basis. In a strict liability case, the fact that the incident occurred is a sufficient basis for establishing liability. This means that you do not need to prove that the other party negligently or intentionally caused your injury. In Florida, there are two types of personal injury cases that follow the strict liability standard: 

  1. Dog bites. Dog owners are liable for any injury caused by their dog. The victim does not need to prove that the dog’s owner was negligent in controlling the dog or that they intended for the dog to attack. 
  2. Product liability cases. Companies can be held liable when their defective products cause injuries. You do not need to prove that the company was negligent when they manufactured or sold the product. If you can prove that the product was defective somehow, the company can be held liable for your injuries. 

While it may sound like strict liability cases are easier to prove, they have their challenges. Product liability cases, for example, can be extremely complex and involve sophisticated legal and factual issues. No matter what kind of case you may have, our Pensacola accident lawyers can help you get the compensation you need to rebuild your life.  

How do I know if I am entitled to financial compensation after an accident?

After an accident, determining if you are entitled to financial compensation requires a prompt investigation. This is one of the most-important reasons why we encourage all accident victims to speak with an attorney as soon as possible. Based on the evidence that is available, your attorney will be able to assess both (i) whether you have a claim, and (ii) if so, how much you may be entitled to recover.

How long do I have to file a personal injury claim in Florida?

The amount of time you have to file a claim depends on the specific type of accident in which you or your loved one was injured. For example, in the case of a non-fatal car accident, you generally have four years from the date of the accident to file a claim. However, if you need to file a claim for wrongful death, then the statute of limitations is reduced from four years to two. In any case, there is no reason to wait any longer than necessary, and there are actually several reasons why it will be beneficial to initiate your claim as soon as possible. 

What if the accident was partially my fault?

In cases in which multiple parties are to blame for injuries sustained in an accident, Florida follows the rule of “pure comparative fault.” This means that the amount of your financial recovery will be reduced in proportion to your percentage of fault (i.e. if you were 10 percent at fault, you would be entitled to recover 90 percent of your losses). However, before assuming that you were partially at fault – or making any other assumptions about your legal rights – you need to discuss your case with our Pensacola accident lawyers.

What if I didn’t call the police from the scene of the accident?

That’s okay. While having a police report helps, there are many other ways that our Pensacola accident lawyers can prove your right to financial compensation. Once again, it is important that you contact us promptly so that we can begin our investigation as soon as possible. 

How much will it cost to hire a Pensacola accident lawyer?

Our injury law firm does not charge any up-front fees or costs, and we handle all accident claims “on contingency.” This means that you only pay if we win. This applies to our legal fees as well as any costs we incur on your behalf in the process of pursuing your claim.

Get Your Questions Answered By Knowledgeable Pensacola Accident Lawyers

For answers to your specific questions, please contact us to schedule a free initial consultation with one of our experienced Pensacola accident lawyers. You can call us 24/7 at 888-829-3357, or send us your contact information and we will respond shortly.  


Searcy Denney Scarola Barnhart & Shipley, PA Searcy Denney Scarola Barnhart & Shipley Logo The Towle House, 517 N. Calhoun St.
Tallahassee, FL 32301-1231
Toll-free: (888) 549-7011
Phone: (850) 224-7600
En Espanol: (800) 220-7006

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Florida personal injury lawyers with a passion for justice.