Personal Injury Claims

Personal Injury

Aggressive Representation for Victims of Personal Injury

Severe, life-altering accidents often occur due to the negligent or malicious acts of another party. At the Law Office of Ilia Garrity Lopez, PLLC, we are committed to fighting for accident victims’ fair compensation. Our focus on personal injury has given us unique insights and knowledge of the processes and resources necessary to ensure victims have the financial help needed for recovery. Personal injury law is complicated. It is in the victim’s best interest to have an experienced personal injury attorney for case preparation, negotiations, and litigation. Our law office represents clients who have suffered significant bodily injury, permanent disability, or wrongful death resulting from:

  • Motor Vehicle Accidents
  • Premises Liability

Motor Vehicle Accidents

To file a claim and win compensation for a motor vehicle accident, the plaintiff must establish the defendant’s negligence or malicious intent. The elements of a successful case are; 1) Proof that the defendant owed the plaintiff a duty of care. 2) The defendant breached that duty. 3) Damages to the plaintiff were a direct result of the breach.

Duty of care is defined as a legal obligation to avoid acts or omissions that cause injuries or damages to another. Breach of duty occurs when one party fails to take reasonable care in conduct towards another. Damages are proved by presenting evidence of a direct link between an accident and the injuries. 

Premises Liability Claims

When a bodily injury occurs on someone else’s property, the property owner may be liable for compensation. Under Florida law, property owners are held liable for injuries to guests and visitors at their homes and commercial properties. Premises liability claims are slips and falls, animal bites, falling debris at construction sites, pool injuries, fatalities, and others. Dangerous and defective conditions on a property that the owner is aware of and failed to warn visitors of, or to proactively repair, establishes negligence. Property owners are liable for injuries to trespassers under certain circumstances.

Florida has an Attractive Nuisance Doctrine to provide further protections to children, as they are considered naturally curious. Florida residents are required to take additional safety measures to prevent injuries or death to a child, whether they are a guest or a trespasser.

Compensation for Motor Vehicle Accidents and Premises Liability Claims

Compensation for damages is generally for medical expenses, lost current and future income, pain and suffering, property damage, and additional losses. Punitive damages may be awarded to a plaintiff if there is evidence that the defendant’s malicious acts caused the accident or injury. In a wrongful death claim, the estate representative for the deceased may file a survivor’s action on behalf of the victim for financial compensation for losses. The loss of a loved one is tragic for the survivors. A financial award can provide financial stability while they are enduring their grief. 

Comparative Fault

Victims of an accident may delay or not file a claim because they feel they were partially at fault. In Florida, you may recover compensation based on the percentage of liability determined by the court. The court’s determination of fault reduces the plaintiff’s award. For example, if the plaintiff’s calculated losses are $100,000, and they are found to be 20% at fault, they would receive $80,000 compensation for their damages.

The Law Office of Ilia Garrity Lopez, PLLC offers Caring and Aggressive Legal Representation.

Personal injury claims are traumatic and unexpected, often with long-term physical and mental consequences. Economic recovery can be devastating to the future of the victim and their family. At The Law Office of Ilia Garrity Lopez, PLLC, we are dedicated to helping accident victims recover their losses. We examine the evidence and present the most compelling case to the responsible party, the insurance company, or a court of law. Our experience and commitment will ensure that you get the compensation you need and the justice you deserve.

Call The Law Office of Ilia Garrity Lopez, PLLC to set up an appointment for a free consultation with a compassionate and knowledgeable personal injury attorney. We are available by phone or video conferencing. Call our Orlando, Florida office at 407-777-7106.