Were you or a loved one injured in an accident in Stuart, Florida? You could be entitled to compensation to cover your medical expenses, lost wages, and mental anguish. Unfortunately, it can be challenging to get the money you need after an accident. Insurance companies and at-fault parties will fight you every step of the way.
The award-winning Stuart personal injury lawyers at Kibbey Wagner, PLLC can help. We have over 27 years of combined experience fighting for injured victims throughout South Florida, and we’ve recovered over $30 million in the process.
We pride ourselves on providing exceptional service to our clients. We treat our clients like family and are committed to obtaining the best results in every case. We have the experience, resources, and reputation to fight for you.
Contact us today by calling us at (772) 444-7000 to schedule a free consultation with our top-rated attorneys. We work on a contingency fee basis, meaning you pay nothing unless we secure a favorable outcome in your case.
Why Should I Hire Kibbey Wagner, PLLC To Handle My Personal Injury Case?
You shouldn’t hire just anyone after an accident. You need a skilled personal injury lawyer who has experience in your type of injury claim.
The Stuart personal injury lawyers at Kibbey Wagner, PLLC can provide the representation you deserve.
Here are a few of the reasons you should hire us after an accident.
- We Have the Experience You Want on Your Side. Our attorneys at Kibbey Wagner, PLLC have over two decades of combined legal experience. Our co-founder Jordan Wagner is even Board Certified in Civil Trial Law by the Florida Bar – a distinction given to less than 1% of lawyers in Florida. We’ll use our expertise to make sure the insurance company treats you fairly throughout your claim.
- We Have Proven Results. We’ve recovered millions of dollars for accident victims in South Florida. Time and time again, we obtain top results for our clients. We can help you obtain the money you deserve after your accident.
- We’ve been recognized by leading legal organizations. Our attorneys have received some of the top accolades in the legal industry thanks to their outstanding representation of clients in Stuart. Our lawyers have been recognized as National Trial Lawyers Top 100 Trial Lawyers, The National Trial Lawyers Top 40 Under 40, Super Lawyers’ “Florida Super Lawyers,” and Super Lawyers’ “Florida Rising Stars.” Avvo has awarded our lawyers with a 10.0 Superb rating.
- We’re your local law firm. We pride ourselves on being part of the Stuart community; our co-founder Barbara Kibbey was born and raised here. We care about your case because we care about our community. And we’ll work to make things right after your injury.
Don’t go it alone after your accident. We’re ready to help you get the compensation you need to move forward after your accident. All you have to do is contact us today to schedule your free consultation with Stuart personal injury attorney.
What is a Personal Injury Case?
A personal injury case is a legal dispute between two or more parties where one party suffered an injury at the hands of the other. The injured party is considered the plaintiff, and the party responsible for their injury is the defendant. The plaintiff may name multiple parties as defendants.
The plaintiff files the lawsuit against the defendant. In a personal injury case, the onus (burden of proof) is on the plaintiff to provide evidence to support their claim for compensation.
Most personal injury cases are based on the negligence cause of action, though other causes of action do exist, such as strict liability.
A personal injury case is different from a personal injury claim. A claim might be filed with the insurance company and never make it to court. Once the dispute reaches the courts, it’s considered a case.
Types of Personal Injury Cases in Stuart, Florida
The Stuart personal injury lawyers with Kibbey Wagner, PLLC, have seen it all. Here are just a few of the personal injury case types we have experience with:
Car accidents happen all the time in Stuart. However, Florida’s no-fault insurance laws can make it difficult to get the compensation you deserve after your accident. Our Stuart car accident attorneys can help you explore all your legal options after your crash. If you suffered a serious injury, we’ll help you file claims and lawsuits against the at-fault driver to get the compensation you need to move forward.
Trucks are a staple of Stuart’s roads and highways. However, they can pose risks to passenger vehicles due to their size and weight. In fact, occupants of passenger vehicles typically suffer severe injuries in truck accidents. If you were injured in an accident, our Stuart truck accident lawyers can help you battle the trucking companies and insurers for compensation.
Stuart is a great place to ride a motorcycle. However, drivers often fail to look out for riders and cause motorcycle crashes. If you were injured in a motorcycle accident, you may be entitled to compensation for your medical bills, lost income, and pain and suffering. Our Stuart motorcycle accident attorneys can help you recover the money you deserve.
When a car strikes a bicycle, the rider usually suffers severe injuries — even when they are wearing a helmet. Injured bicyclists can file a claim against the at-fault driver to recover money for their medical expenses and other losses. Our bicycle accident lawyers can help you pursue all the damages to which you’re entitled.
Head and brain injuries can come with debilitating side-effects. They can have physical symptoms such as reduced cognition and memory loss. But they can also be extremely costly to treat. Our brain injury lawyers can help you identify your legal options if you’ve suffered a brain injury in an accident.
Catastrophic injuries can limit your life in surprising ways. You shouldn’t shoulder the costs of a catastrophic injury that someone else caused. Our catastrophic injury lawyers can help you recover money for your financial losses and your pain and suffering.
Pedestrian accidents are all too common in Florida. Florida law allows you to recover compensation from another party if they hit you with their vehicle while you were walking. However, this process isn’t easy. Our pedestrian accident lawyers can help you gather the evidence and information you need to recover compensation.
Accidents have consequences. Some of those consequences are fatal. If you’ve lost a loved one in a Stuart accident, you may be entitled to significant damages. Contact our wrongful death attorneys to learn more about your options.
Whether or not your case type is listed above, give us a call today for a free, no-obligation consultation. We’re confident we can handle your case and are ready to get to work for you.
How Can a Personal Injury Lawyer Help Me After an Accident?
Hiring a Stuart personal injury lawyer with Kibbey Wagner, PLLC, is one of the best decisions you can make after an accident. Here are a few quick reasons why:
- We’ll stand up for you. A personal injury lawyer makes sure your interests are represented throughout your case. We won’t let powerful insurance companies take advantage of you, and we’ll do everything we can to make sure you receive the compensation you deserve.
- We can take your case to court. If the other side doesn’t agree to a fair settlement, an attorney can take your case to court. That could increase our bargaining power and lead to a better outcome for your case.
- We have the resources. We don’t mind dedicating resources to reach the best possible result. That means hiring experts, conducting investigations, and discovery, if necessary.
These reasons are far from exhaustive; the main point is that hiring a personal injury lawyer greatly increases your chances of receiving the maximum compensation possible after an accident.
Call us today for a free consultation to discuss your case.
What is the Personal Injury Claims Process?
All personal injury claims are different. However, these are the steps that generally apply:
- File a claim with the insurance company that covers your accident or injury.
- Investigate and gather evidence to build your case (e.g., medical records, accident reports, videos and photographs of the accident scene, etc.).
- Send a demand letter to the insurance company outlining your arguments, injuries, and the compensation you seek.
- Negotiate a settlement with the insurance company.
- File a personal injury lawsuit if the insurance company refuses to offer a fair settlement amount.
- Reach a settlement or verdict.
This is a general outline of the process.
Contact our Stuart personal injury attorneys to discuss your situation, and we’ll advise you of the steps we’ll take in your case to get you the compensation you need.
How Do You Prove Negligence?
You must prove four legal elements to establish negligence. These are:
- Duty. This element entails proving that the defendant owed a duty of care to you. For example, drivers on the road owe a duty of care to other drivers to follow the rules of the road (such as speed limits).
- Breach. Once a duty of care has been established, you’ll need to prove that the defendant’s conduct violated that duty of care. Running a red light is an easy example.
- Causation. You’ll also have to prove that the defendant’s conduct caused your injuries. There are two types of causation in the negligence context: actual (but-for) causation and proximate causation.
- Damages. Proving this element means establishing that you’ve suffered injuries due to the defendant’s actions or omissions.
Negligence is not always easy to prove, and things can become complicated quickly depending on the facts of the case.
The Stuart personal injury attorneys with Kibbey Wagner, PLLC, are more than up to the task. Give us a call today to discuss your circumstances.
What Should I Do After an Accident?
Being in an accident can be traumatizing and chaotic. However, there are several steps you should take in the aftermath of an accident to preserve your legal rights.
Call the Police
You should call 911 to report an accident, even if it’s minor. A police officer will be dispatched to the accident scene and will generate an accident report, which is critical evidence in a personal injury claim or lawsuit.
Exchange and Gather Information
You should exchange contact and insurance information with the parties involved in the accident. If you’re uncomfortable or unable to request this information, the police officer will collect it.
You should also try to gather as much evidence as possible from the accident scene. Exchange contact information with eyewitnesses and take videos and pictures of the accident scene.
Seek Medical Attention
You should always seek medical attention after an accident, no matter how minor you think your injuries are. Many injuries don’t immediately present symptoms, and some may be undetectable without diagnostic tests.
Your medical records will be critical evidence in a personal injury case. They’ll establish the causal link between the accident and your injuries.
Contact a Personal Injury Lawyer
You should contact a Stuart personal injury attorney as soon as possible to discuss your claim. You likely have medical bills and other expenses piling up. The quicker an attorney starts working on your case, the faster you’ll get the compensation you need.
What Damages Are Available to Stuart Accident Victims?
Accident victims are typically entitled to two forms of damages: economic damages and non-economic damages. These damages are meant to put you in the position you occupied before the accident.
Therefore, economic damages compensate for your financial losses related to the incident, including medical expenses (past and future), lost income, and property damages.
Non-economic damages compensate for non-financial consequences of an accident — ones without a clear financial value. These may include pain and suffering, emotional distress, and loss of consortium, among other things.
Rare cases may qualify for punitive damages. Rather than compensate a victim for a loss, punitive damages punish the at-fault party for gross negligence or egregious misconduct.
How Much Does it Cost to Hire a Personal Injury Lawyer?
We understand that you might not be in the financial position to hire an attorney upfront after an injury. You could have mounting medical bills and other expenses on top of your pain and suffering. That’s why we work on a contingency fee basis for our personal injury cases.
What this means is that you’ll pay nothing upfront to hire us. We’ll take our fee as a portion of your settlement agreement or court case verdict. This will usually be around 33%, but every case is different.
You deserve to rest and recover after your accident. Let us fight for your interests in the meantime. Call a Stuart personal injury lawyer with Kibbey Wagner, PLLC, today.
How Much is My Personal Injury Case Worth?
The value of your personal injury case will depend on the facts and circumstances surrounding your accident.
No two cases are alike, so a lawyer will have to evaluate your case and damages before offering an estimate of your case’s worth.
The value of most Injury claims depends on:
- The severity of your injuries
- The extent of your lost wages and income
- The availability of insurance coverage
- The complexity of your claim
- The strength of your evidence
- Whether you share blame for the incident
An attorney can help you understand the full worth of your claim. Contact Kibbey Wagner, PLLC for a free consultation with a personal injury lawyer to better understand your case’s value.
Florida’s Personal Injury Laws Brief Overview
While all states are uniform insofar as they recognize negligence as a legal cause of action (most personal injury cases revolve around negligence), there are nuances related to personal injury worth highlighting.
Here are a few key things to know about Florida’s personal injury laws:
- Florida is a “no-fault” car insurance state. The state requires drivers to purchase PIP and PDL coverage. This means that drivers can receive compensation after an accident regardless of who was at fault, but only a limited amount. You could still file a lawsuit against the other party, depending on the circumstances of your case.
- Florida follows a pure comparative negligence doctrine. This means that you can still receive compensation even if you are partially at fault for the accident, but the amount will be reduced based on your percentage of fault. For example, if a jury awards you $100,000 but finds that you were 25% at fault for the accident, you will receive $75,000.
Since common law makes up a significant portion of personal injury law, each state (including Florida) will have many variations in the law and how it is applied. Fortunately, our Stuart personal injury lawyers are more than familiar with those nuances and represent our clients with them in mind.
How Long Do I Have to File a Lawsuit After an Accident in Florida?
You do not have an unlimited amount of time to file a lawsuit after an accident. Florida’s statute of limitations puts time limits on your ability to file a claim. Most accidents, including car accidents, have a four-year statute of limitations. Wrongful death claims and medical malpractice claims have a two-year time limit. Claims involving the government are subject to even shorter timelines.
The statute of limitations typically starts on the date of your injury. In some cases, the time period won’t begin until the date you discover your injury (if your injury wasn’t immediately apparent). If you fail to file your claim before the statute of limitations expires, you will lose your right to compensation.
Contact Our Experienced Stuart Personal Injury Lawyers For Legal Help
After an accident, you shouldn’t have to fight insurance companies and other parties alone. You should be focusing on resting and recovering from your injuries.
That’s where we can help. The experienced Stuart personal injury attorneys at Kibbey Wagner, PLLC will take on your legal fight for compensation and handle your case from start to finish.
Let us put more than two decades of combined experience behind your case and get you the compensation you deserve. Call us today to schedule a free case evaluation with our compassionate legal team.
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