Do I Have an Injury Case?
Ask a board-certified litigation attorney in Tampa to evaluate your personal injury claim
If you have been hurt in an auto accident, or in any type of event you can trace back to another person’s careless, reckless or deliberate behavior, Sessums Law Group may be able to recover compensation for you. Led by board-certified civil litigation attorney Mark A. Sessums, our legal team has more than 35 years of experience, during which we’ve helped numerous clients recover damages through negotiated settlements and trial verdicts. Since we accept injury cases on a contingency basis, you pay no upfront legal fees, so you can consult with us and receive a preliminary evaluation of your case absolutely free. The information on this page is meant to give you an introduction to personal injury law, so you can have a basic understanding of your rights.
Proving your personal injury case in Tampa
A personal injury or wrongful death case requires an injured party to prove four elements:
- Duty — In general, all people have a duty to behave carefully so as not to injure anyone else through their carelessness. This general duty applies in such cases as auto accidents, where a driver has a duty to obey traffic laws and proceed with caution, avoiding dangerous maneuvers. Other types of cases, such as medical malpractice, involve a higher type of duty, i.e. to render services that measure up to a professional standard.
- Breach — This means that a person violated his or her duty through an act or omission. In most cases, the breach comes from a negligent, i.e. careless, act or omission, but a person can also violate the duty of care by reckless behavior (i.e. extreme carelessness) or by a deliberate unlawful act.
- Causation — A breach is immaterial if it does not cause an injury event. For example, a driver can read a text message while driving, which is a negligent act, but if the accident occurs because the driver’s brakes fail, the negligent act did not cause the accident. An injured plaintiff must prove the negligent act or omission led directly to the injury event.
- Damages — Likewise, a plaintiff can only obtain compensation for losses that directly result from the event in question. These losses can be economic, as in medical bills and lost wages, and noneconomic, such as pain and suffering.
When duty, breach, and causation are proved, liability (or responsibility for the harm) has been determined. The defendant owes something to the plaintiff. The only question is “How much?” Sessums Law Group builds a case with meticulous attention to proving each of these vital elements, so you can get the greatest value for your case.
Calculating damages for your Tampa personal injury case
Damages are the losses a plaintiff suffers in a personal injury event. There are two basic categories of damages:
- Economic — Also called special damages, this category covers medical bills, lost earnings due to incapacity, and future expenses related to the plaintiff’s injuries. Defendants often question whether medical expenses were reasonable and even related to the injury, but the greatest controversy comes from attempting to estimate future medical expenses, especially when the plaintiff’s prognosis for recovery is uncertain. We consult medical, rehabilitative, and financial experts to make a strong case for your complete economic recovery.
- Noneconomic — Also called general damages, this category covers real but intangible losses, such as the victim’s physical pain and mental suffering, the loss of quality of life, loss of enjoyment of life, and loss of consortium. These losses are very difficult to set a value on, and it takes extensive experience to know what amount would constitute a fair award.
A personal injury attorney’s the job is to maximize the damages for the client, but your attorney must also have a reasonable basis for demanding a specific amount. You can rely on Sessums Law Group for your vehicle accident, medical malpractice, or product defect case, because we have the knowledge and experience necessary to deliver positive results.
Have a board-certified Tampa litigator evaluate your personal injury case for free
If you are the victim of someone’s negligence, you can trust Sessums Law Group, P.A. to fight tenaciously for full, fair compensation. You pay no attorney fees until we obtain just compensation through a settlement or court verdict. To schedule a free consultation, call us at 813-435-5058 or contact us online.