Jacksonville Personal Injury Lawyer
As Florida’s largest city, Jacksonville is an exciting place to live, work, and play. Historical sites, sporting events, and cultural offerings draw residents and tourists year-round. Sadly, the attractions and events that make Jacksonville so inviting can also cause or contribute to personal injury accidents.
Each year, thousands of crashes on Jacksonville roads and highways injure drivers and their occupants. That is just one of the ways serious injuries occur. People slip and fall in poorly maintained businesses and entertainment venues. They drown in public and private pools, and they trip and tumble while visiting private residences. Workers deal with a range of personal injuries while doing their jobs. Children sustain injuries on playgrounds and during supervised sporting activities. Products fail, causing unanticipated injuries to the product user and people nearby.
Injuries occur every day due to varying circumstances, but they all have elements in common. Personal injuries usually occur due to someone’s negligent actions. Both the accident and the injuries are often preventable. That’s when you need to call the Jacksonville personal injury lawyers at The Law Offices of Jared Spingarn.
Determined, Relentless Legal Representation
At the Law Offices of Jared Spingarn, we have always fought hard to make negligent people pay. We believe that every injured person deserves quality legal representation. We have kept that goal in mind as we worked to make responsible people pay for the injuries they caused.
Attorney Jared Spingarn and his team have fought to resolve his clients’ personal injury claims as quickly and fairly as possible. Whether the negligent party was an individual, a corporation, or an organization, he has always done what is necessary to produce optimum results.
Jared Spingarn’s personal experience with his own accident-related injuries gave him critical insight into his clients’ needs. He learned that injured people needed a legal representative who was both tenacious and compassionate. They wanted a lawyer who respected them enough to keep them informed and answer their questions. Jared has dedicated his practice to maintaining these standards while working hard to pursue damages for his injured clients.
Our Firm’s Results
Through Jared Spingarn’s experience as an injured victim, he learned the importance of putting his clients’ needs first. He has held to this philosophy during his efforts to resolve every case. Whether he has negotiated, mediated, or litigated a personal injury case, he has made an effort to settle it in a way that served his clients’ current and future needs.
Cooperation has usually opened the door to productive settlement negotiation. When insurance companies, self-insured entities, and their attorneys cooperated, it allowed our firm to reach amicable resolutions. Consequently, Jared has aggressively negotiated personal injury cases during one-on-one meetings, mediation sessions, and court-mandated settlement conferences.
We have recognized that negotiation is not always a viable solution. Therefore, our firm prepared each case from the beginning, anticipating the potential for litigation. When necessary, we presented our evidence in court and allowed a judge and jury to decide the outcome.
Experience has also taught us that no two cases are the same. As each accident and each injured person is unique, we have never promised a specific settlement outcome.
We believe that our case results demonstrate our drive and dedication to pursue the best settlement outcomes possible.
- $1,350,000, Pedestrian Accident Injury: A motor vehicle struck a pedestrian. They sustained a closed-head injury, called us, and received a substantial financial recovery.
- $975,000, Trip and Fall Injury: Our client sustained knee and neurological injuries due to a negligent construction operation. The company’s jackhammer operator caused a structural failure while working on a dock near our client’s boat. Our client sustained injuries while trying to avoid the collapse. The liability insurer originally denied the claim. Eventually, we settled during litigation.
- $975,000, Motorcycle Accident Injury: A negligent driver crossed the centerline and struck our client’s motorcycle head-on. Our client sustained a spinal injury that required surgical correction. Originally, the negligent driver’s insurer denied liability. We eventually negotiated a settlement during mediation.
- $950,000, Rear-End Accident Injury: A negligent driver struck our client’s vehicle in the rear. They sustained a serious spinal injury requiring surgical correction. We resolved their case during mediation.
Types of Personal Injury Accidents
Injuries occur in just about any place you can imagine and under numerous circumstances. When a person, business, or organization acts negligently, it does not always cause injury. If you do sustain an injury, you may have a right to recover damages.
Jacksonville is the largest city in Florida. Its crash statistics are a reflection of the city’s size and daily vehicle traffic. Each day, distracted, drug/alcohol-influenced, inattentive, and speeding drivers cause accidents and injuries. The Florida Crash Dashboard tracks the data for these incidents across the state.
The following statistics document a recent complete-year accident statistics for Duval County:
- Total Crashes, 21,207: Vehicles, 20,164; Motorcycle, 379; Bicycles, 259; Pedestrian, 405
- Total Crashes With Injuries: 8,360
- Total Injuries: 12,024
- Total Fatalities, 188: Vehicle occupants, 110; Motorcyclists, 19; Bicyclists, 12; Pedestrians, 47
Large Truck Accidents
A large truck is defined as having a Gross Vehicle Weight Rating of 10,000 pounds or greater. Large trucks weigh significantly more than the average private passenger vehicle, motorcycle, or bicycle. When a large truck crashes into a smaller vehicle, it causes far greater vehicle damage. Often, the smaller vehicle occupants and pedestrians sustain serious, catastrophic, or fatal injuries.
- When a boat crashes into another boat or a stationary object, the causes are often the same as with vehicle crashes. Boat operators consume alcohol and use illegal, legal, and prescription drugs. They become distracted, and they operate boats recklessly.
- Also, governing agencies have few constraints or controls to keep unsafe boaters out of the water. Florida has no restrictions on boat operator age. Operators over the age of 30 have no licensing requirement.
Premises Liability Accidents
Injuries often occur when business owners or personal property owners fail to correct maintenance problems, hazardous conditions, or security issues. People also sustain injuries on properties that conduct inherently dangerous activities or operations.
- Pool area accidents
- Drownings, near-drownings
- Injuries due to criminal activities
- Slip and fall accidents
- Falls on stairs and landings
- Falls due to unsafe retail locations
- Amusement park accidents
- Workplace falls
Falls are often harder on older victims and young children due to their physical frailty. Both children and older adults easily sustain fractures, brain trauma, and other serious or catastrophic injuries. Older adults often sustain hip traumas with inherently difficult recoveries.
Dog Bite Injuries
Research by the American Veterinary Medical Association shows that Florida is one of the top 10 states for dog bites each year. The organization advises dog owners and non-owners that any dog can bite. Jacksonville is number 16 out of 25 cities on the United States Post Office’s National Dog Attack Ranking List.
Product Liability Injuries
You may have purchased or used a defective product at some point in your lifetime. Often, this means that the product broke or failed to function properly. In most cases, you simply return a defective item for a refund or replacement. Sometimes product defects are not that simple. When manufacturers sell defective toys, appliances, machinery, and even defective vehicles and parts, they sometimes cause serious, catastrophic, or fatal injuries.
Types of Personal Injuries
Accidents occur due to many adverse situations and circumstances. The personal injuries they cause vary widely as well, affecting the victim and their entire family. Emergency treatment, ongoing medical care, and income losses cause lifestyle changes and financial setbacks. While some injured victims recover, others deal with a lifetime of pain, suffering, and disabilities.
Depending on the type of accident, personal injury victims suffer from these and other conditions.
- Head and Traumatic brain injury
- Anoxic brain damage
- Multiple limb fractures
- Skull and facial fractures
- Spinal cord trauma and paralysis
- Severe sprains and strains
- Dog bites and lacerations
- Traumatic amputations
- Soft tissue injuries
- Fractured and herniated discs
- Severe fire and chemical burns
- Internal organ damage
- Fatal injuries
Recoverable Damages for a Jacksonville Personal Injury Claim in Jacksonville
In Florida, your settlement or judgment includes three types of damages: Economic Damages, General Damages, and rarely Punitive Damages.
The economic damage part of your settlement considers your out-of-pocket expenses. These can include current and future costs incurred during treatment, recovery, and rehabilitation.
- Lost income
- Doctor and Hospital expenses
- Mobility structures, devices, and fixtures
- Physical and psychological therapy
- Medical transportation
- Replacement services
- Funeral expenses
This element of your damage claim is often more difficult to negotiate. General damages consider your subjective feelings instead of a doctor’s objective analysis. They can include:
- Pain and suffering
- Emotional distress
- Changes in marital and family relationships
- Functional losses
- Scarring and disfigurement
- Temporary and permanent disabilities
Under Florida Statutes 768.72, juries have the authority to award punitive damages, but they rarely do. A plaintiff must prove by clear and convincing evidence that a defendant’s “…intentional misconduct or gross negligence…” caused their injuries. It is usually difficult to meet this legal standard.
Who Is Responsible for Personal Injuries?
As accidents vary widely, the list of responsible parties varies as well. We have determined responsibility by investigating each accident as soon as possible. After we heard our client’s story, we examined the evidence, talked to witnesses, and inspected the accident scene. If an accident involved a defective product, we obtained it to prevent the potential for the manufacturer’s destructive testing.
When appropriate, we have worked with experts to confirm accident circumstances, premises maintenance issues, and product defects. The evidence we compiled allowed us to determine who was legally responsible for our clients’ injuries.
A vehicle operator is legally liable for their actions on the road. Even if an owner is not driving their vehicle when it crashes, Florida’s financial responsibility laws require them to provide liability insurance to cover the damages. An owner also has a separate duty to make sure no unsafe driver uses their vehicle. Before you can claim vehicle-related injuries, you must meet the Personal Injury Protection injury thresholds outlined by Florida Statutes, 627.737, Tort exemption.
Tractor-Trailers and Other Commercial Vehicles. When a commercial operator is driving a vehicle within the scope of their authority, the employer/owner can be held liable for any damages they cause. A trucking company/owner sometimes has negligent entrustment exposure. This sometimes happens when the employer knew or should have known about an operator’s adverse driving history. Federal statutes require commercial trucking companies to monitor their drivers’ drinking and drug use.
When you are injured on the job, your employer’s Florida Workers’ Compensation coverage pays your medical bills. Compensation insurers also pay up to two-thirds of your lost wages. For most workplace injuries, these benefits are the only ones available after a work-related accident.
If your accident meets one of the exceptions, you receive workers’ compensation benefits but retain the right to sue a responsible third party.
- An independent contractor, a non-coworker, or a person working for a non-employer company caused your injuries.
- You sustained injuries while using a defective product manufactured by another company.
- You sustained injuries due to a premises defect or maintenance issue on someone else’s property.
- Your employer’s intentional actions caused your injuries.
- You were driving for business purposes when a non-employer or non-co-worker struck your vehicle.
- Your employer failed to purchase workers’ compensation insurance.
You can hold property owners and their subcontractors responsible when security, maintenance, management, or pool maintenance causes accidents and injuries. Florida courts connect a property owner’s legal responsibility with the injured person’s status on the property as an invitee, licensee, or trespasser. Florida Standard Jury Instructions, 401.16 Preliminary Issues, explains these terms.
Based on Florida Statutes, Title XLV, Torts, §767, an owner is liable for their dog’s actions whether the dog demonstrated past aggressive tendencies or not.
Product Liability Injuries
To hold a manufacturer legally responsible for its defective product, you must prove these elements of your claim.
- The product had a design or manufacturing defect that the manufacturer knew or should have known about.
- You sustained an injury while using the product.
- The product was the proximate cause of your injury.
- You used the product as intended and did not misuse it.
Jacksonville Personal Injury FAQs
In Jacksonville, personal injuries occur during everyday activities, often when you least expect them. You try to avoid accidents by operating your car defensively, but that does not always work. Wherever you go, you often share the road with drinking, distracted, and speeding drivers. For safety’s sake, you teach your children to be careful and always aware of their surroundings. You navigate the city cautiously. Despite your care and attention, you encounter dangerous situations that cause nasty falls.
Personal injuries also happen in situations where you would not usually anticipate them. As a pedestrian, you see cars change course and head in your direction. Drivers may lose control and severely injure you when all you want to do is take an afternoon walk. As a canine lover, you do not actively seek contact with aggressive dogs. Unfortunately, you cannot always anticipate an imminent attack. You purchase toys and recreational equipment to enhance your fun. The packages may not offer safety warnings or any hint of their potential for danger.
We Want You to Know The Facts
At the Law Offices of Jared Spingarn, we have worked hard to recover damages from the parties responsible for our client’s injuries. We have always understood how presenting an injury claim can be an intimidating process. That is why we created our Jacksonville Personal Injury FAQ. We believe it is essential for you to understand your legal rights. We also believe that you should know what to expect before an accident occurs.
How often do personal injury accidents occur in Jacksonville?
The Florida Health Department Injury Surveillance System tracks injury trends by county. They document accidents that result in hospitalizations and Emergency Department visits.
These are a few of the accidental injury statistics for a recent full year of Duval County data.
- Total Hospitalizations Due to All Accidents: 6,545
- Total Injury Emergency Department Visits, All Accidents: 109,917
- Unintentional Falls: 28,522 ED visits; 2,787 hospitalizations
- Unintentional Falls, Age 65+ Hip Fractures: 737 hospitalizations; ED visits, 74
- Unintentional Motor Vehicle Traffic-Related: 16,090, ED visits; 829 hospitalizations
- Total Traumatic Brain Injuries From All Causes: 2,033, ED visits; 1,041, hospitalizations
- Drowning Related: 64 ED visits
Does a police officer determine who is at fault for a vehicle accident?
Sometimes, police officers offer opinions about a driver’s actions, but fault determination for an accident is a legal issue. Unless an officer witnesses an accident, their conclusions about fault are opinions. An officer’s primary task at an accident scene is to talk to drivers, vehicle occupants, and independent witnesses. They also make a formal record of the physical properties of an accident scene and the injuries. Sometimes, they photograph the scene.
Law enforcement officers make a formal report to document the evidence. They issue citations when they find evidence of a violation, and they arrest drivers who show signs of alcohol or drug use. Officers issue tickets for speeding, distracted driving, and other violations when the evidence supports these conclusions.
Are older people more vulnerable to serious fall-related injuries?
Each hour, seven older Americans die from fall-related injuries. In Florida and Duval County, residents aged 65+ die more frequently from falls than from any accidental causes. A fall is often catastrophic for older adults. Nationally, the Centers For Disease Control and prevention documents over 300,000 senior fall accidents each year.
Older fall victims sustain a variety of fall-related injuries such as traumatic brain injuries, limb fractures, and spinal cord injuries. They are also at high risk for hip fractures. When a fall victim is older, hip fractures often lead to serious disabilities and premature death. Older women have a greater risk of hip fractures due to osteoporosis and bone loss. Those who take blood thinners are more susceptible to serious brain injuries.
What does it mean when an injury is “drowning-related?”
Many people suffer from near-drowning accidents. They inhale water and lose consciousness, but the situation is not always fatal. They often remain in a pool or other body of water until someone rescues them. During this process, the brain loses oxygen, often leading to brain damage and other severe or catastrophic injuries and disabilities.
Who decides if I get a settlement for my injuries?
Whether you are injured in a vehicle crash, a slip-and-fall, or any other accident, an insurance company usually makes the initial decision about settling your claim. Many responsible parties have liability insurance to pay for the damages they cause.
When they report an incident to their insurance company, a claim investigator determines liability based on a standard negligence formula.
- Duty Owed: Was the insured responsible for acting negligently? (Did they keep a safe distance away from your car’s rear, maintain their property, control their dog, etc.)
- Duty Breached: Did their insured fail to act the way a reasonably prudent person would act?
- Proximate Cause: Were their insured’s actions/inactions the direct cause of the victim’s injuries?
- Damages: Were the injuries a direct result of their insured’s actions/inactions?
When an insurance company investigates your claim, they decide on behalf of their insured. If it believes its insured legally caused for your injuries, it may pay your claim. If it does not believe its insured caused your injuries, it denies liability and usually closes the claim file.
What happens if an insurance company denies my claim?
If an insurer refuses to pay you for your injuries, you may still have options.
- Let it go and walk away without receiving compensation for your injuries.
- Consult with a personal injury attorney for guidance on making a claim or filing a lawsuit.
Do I have to file a lawsuit to receive payment for my injuries?
A lawsuit is just one option for recovery. Sometimes injured people negotiate a settlement with the responsible parties’ insurance companies. If you do this on your own, you can place yourself in a disadvantageous position. Insurers do not mind working directly with injured people. They understand that you probably are not familiar with the legal issues. You also may not understand the types of damages you have and the settlement amount you should recover.
How much time do I have to settle my Jacksonville personal injury claim?
Each state has a legally mandated deadline for an injured person to complete a claim. Florida and other states refer to this deadline as the statute of limitations. When someone injures you, you have until your statute of limitations date to settle your claim or file a lawsuit. If you do not take action before the deadline expires, you lose your right to make a claim.
Florida Statutes, Title VIII Chapter 95.11, Limitation of Actions explains your timeframe for filing a personal injury claim.
- Most Negligence Cases: 4 years from the accident date.
- Wrongful Death: 4 years from the date of the incident.
- Medical Malpractice: Two years from the date the incident occurred or two years from the time it was discovered.
Florida law modifies these statutes of limitations under certain circumstances:
- When “…fraud, concealment, or intentional misrepresentation of fact…” prevented the injured person from discovering a condition was malpractice related.
- When the injured person is a minor, under age 18.
- When a person is incapacitated or ruled incapacitated by a court.
- When a defendant files for bankruptcy.
- If a defendant avoids service by using a fake identity.
- If a defendant moves to another state.
- An injured minor’s statute of limitations has several layers of complex exceptions based on their age, settlement amount, and legal representation.
When should I call a Jacksonville personal injury attorney?
If you think you want an attorney involved in handling your injury claim, you should contact one as soon as possible after your accident. A timely report allows an attorney to recover and evaluate the evidence before it becomes unavailable.
How do I decide which attorney to use?
If possible, “interview” your potential attorney by phone as soon as you feel well enough to talk. Before you commit, determine if you will feel comfortable working together.
You will be dealing with your attorney during your treatment and recovery, and for months or years until you settle your case.
- Ask questions.
- Remember it is your injury claim.
- Find out if the attorney has any immediate thoughts about your case.
- Try to determine if an attorney is compassionate, helpful, knowledgeable, and informative.
- Find out what kinds of cases they handle. (For example, you do not want an attorney who only handles real estate cases to try to handle your personal injury claim.)
- You should also make sure the attorney has a history of open communication with clients.
Reach out to the Law Offices of Jared Spingarn today to see if we are the right fit for you.
How Can a Jacksonville Personal Injury Attorney Help Me?
When you are injured, you are confronted with issues that need your immediate attention. You must also deal with responsible parties, their insurers, and independent claims investigators. Some of these people have no qualms about visiting you in a hospital or when you are at home in bed. They sometimes try to take your recorded statement while you are in pain or on medication. They often mislead you, just to get the information they need.
When you get a personal injury attorney involved in your case as soon as possible, you can spend your time recovering while your attorney takes immediate steps to protect your legal interest. Contact the Law Offices of Jared Spingarn today.
Attorneys can perform these and other tasks on your behalf.
Get a free legal consultation. Your first meeting with a personal injury attorney is typically complimentary. Even if you are not ready to decide on legal representation, attorneys can answer your questions and explain your legal options.
Attorneys usually offer flexible arrangements and scheduling.
- 24/7 response to your call
- Bilingual communication
- Hospital room consultations
- Video conferencing
- Phone consultation
- In-office consultations
- At-home consultation
Listen to your version of the accident. Each person involved in a personal injury accident sees it from their own perspective. Seasoned personal injury lawyers ask questions and listen to every detail. They use your version of an accident as the basis of their liability investigation and to pinpoint specific legal issues to review.
Answer your questions. Before your legal consultation, prepare a list of basic questions. During your meeting, your attorney will listen to your questions and provide preliminary answers. Ask general questions about accidents as well as specific questions about your circumstances. When asked, attorneys can address your particular questions about their claim-handling process.
Perform legal services without sending you a bill upfront. Personal injury attorneys typically work on a contingency fee basis. That means they do the work, but they do not send a bill for attorney’s fees until they conclude your case. When an attorney works on a contingency basis, they eventually charge a legal fee based on a predetermined percentage of the amount they recover.
Investigate your accident. Once you and your attorney agree to establish a client/lawyer relationship, they can begin investigating your case. Often, attorneys work with professional investigators who focus on the issues you raise in your statement. Investigators carefully document the details. They understand that evidence can help support your settlement negotiations. It might also end up as part of a courtroom presentation someday.
If possible, investigators conduct these and other investigative activities to prove your allegations.
- Examine and photograph an accident location
- Inspect damaged vehicles
- Obtain statements from other involved parties
- Take witness statements
- Obtain police reports
- Identify all negligent parties
Assess liability. Once an attorney has the available evidence, they analyze liability and determine fault. To move your case forward, an attorney places all responsible parties on notice of your intent to make a claim. If their insurers deny liability for your claim, your attorney must present a case that proves otherwise.
Evaluate your damages. Attorneys examine and evaluate your medical records, doctor bills, and reports to understand how your injury affects you. They research recent settlements, past court judgments, and other information to determine a fair settlement value for your claim.
Negotiate your settlement. Attorneys often try to resolve a claim via settlement negotiations. They present their negligence theory and evidence during face-to-face negotiations, mediations, and other resolution forums.
Initiate litigation. If the responsible parties’ insurers or attorneys refuse to cooperate with your attorney’s negotiation efforts, they discuss the case with you to plan further action. If you wish to proceed with litigation, they can file a lawsuit in Duval County Circuit Court. If your injury value is less than $30,000, your attorney would file your suit in Duval County Civil Court. If your accident occurred in another Florida county, your attorney would file in a different venue.
A lawsuit places a formal account of your issues on the court record. It names the responsible parties who caused or contributed to your injuries. It also contains a narrative complaint that describes the accident circumstances, the legal issues, your injuries, and your attorney’s negligence theory.
Continue settlement negotiations. Even if you and your attorney feel it is appropriate to file a lawsuit, your attorney can continue their efforts to settle your claim. Attorneys rarely try personal injury cases. In fact, Florida Statutes, § 44.102 encourages and compels plaintiffs and defendants to mediate their cases. Attorneys also resolve cases through arbitration, binding arbitration, and other resolution procedures.
Prepare and try your case. Once your attorney files your suit, they participate in the discovery process. Attorneys produce requested medical records and other documentation. They conduct depositions, obtain experts’ reports and testimony, and they arrange independent medical examinations and doctor’s statements or depositions.
Attorneys help you decide whether you prefer a jury trial or a bench trial.
- Jury Trial: Attorneys present their evidence to jurors chosen from a pool of local citizens. Once the trial concludes, the jurors decide your case.
- Bench Trial: Attorneys present their evidence before a judge and the judge makes the decision.
Conclude your case. Whether your attorney tries your case or settles it, they must complete the settlement process.
This usually involves several actions.
- Complete settlement releases
- Request settlement check
- File dismissal to close out your lawsuit
- Deduct contingency fee
- Disburse settlement funds to you
Do I Need An Attorney to Handle My Jacksonville Personal Injury Claim?
A personal injury claim involves many legal and damage issues. You have a right to deal with these issues on your own, but a personal injury attorney can work to pursue a better outcome. Contact the Law Offices of Jared Spingarn today to see what we can do for you.
Call Our Jacksonville Personal Injury Attorneys
If you have sustained any type of personal injury, you need immediate legal assistance. At the Law Offices of Jared Spingarn, we have worked with injured victims every day. Our legal team has recovered millions for our injured clients. Jared Spingarn has provided dedicated attention and comprehensive legal services while our clients took the time to heal. Give us a call at 1-866-HIRE-JARED or complete our contact form. Let us determine if we can help you.
“What a great team. Took care of my accident case and got me a very great settlement. Thank you so much to the team for their great efforts and always being transparent with all the information they provided. Highly recommend they will take care of you like family.”
5011 Gate Parkway, Building 100, Suite 100
Jacksonville, FL 32256