Personal Injury

PERSONAL INJURY

Personal injury occurs when an individual is injured because of another party's fault or negligence that may be intentional or accidental resulting in compensable personal injury.  Personal injury incorporates both medical and dental injuries and includes:  assaults; auto, truck, motorcycle, and railroad accidents; injuries suffered as result of a slip and fall at a store or other business; and also injuries sustained at theme parks or aboard cruise ships.

The law generally states that a personal injury victim is entitled to compensation, both for personal injuries and for any property damage.  This means that an insurance company pays to compensate the victim for the injuries and damages sustained as a result of the injuries or accident.  Where accidents are partly the fault of both parties, the law will usually allow recovery according to the percentage of fault attributed to the other party.

Never assume that your injury is too small or incidental to justify compensation. A number of accidents results in serious injuries in which some form of compensation is obvious.  On the other hand, some injuries are initially mild in nature or the victim may not experience medical or physical complications for some time in the future.  But nevertheless, the future complications are compensable.

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SERVICES

Ricky Thomas P.A. provides personal representation for people who have suffered injury or involved in an accident.  Our commitment is to provide legal representation that is first-rate, personal, and effective while protecting your rights.

We handle different types of accidents and injuries, including (but not limited to):

  • Motor vehicle – accidents involvingcars, trucks, tractor trailers,  motorcycles, ATVs (all terrain vehicles), and Jet Ski crashes; 
  • Aviation – accidents involving plane and helicopter crashes; 
  • Slips, trips, and falls – accidents and injuries occurring in stores, homes, and parking lots, etc.; 
  • Products liability – defects in manufacturing and design;
  • Negligence – resulting in fires or insufficient safety in security of buildings;
  • Malpractice  - injuries or mistakes of a licensed professional (i.e. a doctor, a lawyer, a dentist or a CPA);
  • Dog Bites – injuries (wounds, lacerations, broken bones, disfiguring facial injuries, emotional distress and death) resulting from a dog bite;
  • Construction – injuries and accidents occurring at construction site or scaffolding;
  • Products Liability - death, injury or property damage resulting from a defective product;
  • Theme Park – injuries and accidents occurring at amusement and theme parks;
  • Railroad - accidents resulting from railroad crossing accidents, train/car collisions, and derailments;
  • Birth – injuries occurring as a result of inadequate care or treatment during the pregnancy or birthing process which effects the mother and/or unborn child;
  • Drug/Pharmaceutical –  injuries resulting from prescribed,  over-the-counter, and recalled drugs;
  • Swimming Pool – injuries and accidents resulting from faulty diving board, posted warning signs, defective equipment, maintenance, etc.;
  • Nursing Home & Assisted Living Abuse/Neglect/Injury – injuries suffered from nursing home, assisted living, hospital and medical facility abuse or negligence;
  • Premises Liability - injuries occurring due to dangerous condition on public or private property;
  • Maritime – injuries occurring at sea or shore side (e.g., cruise ship, recreational boater, fishermen, longshore, merchant marines, etc.);
  • Victims of Drunk Drivers – injuries or death resulting from the impaired and negligent driver’s actions of a drunk driver; and
  • Wrongful Death – a claim alleging that someone was killed as a result of the negligence or other fault on the part of another individual or company and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the wrongdoer's conduct.
  • Insurance Disputes – Insurance companies cannot engage in unreasonablre or unfair conduct ("bad faith") with respect to an insurance claim

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CONTINGENCY REPRESENTATION

Ricky Thomas, P.A. provides representation in personal injury cases on and contingency fee basis.  Contingency representation means that our legal fees are contingent upon a percentage of a favorable monetary recovery in your case.

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SETTLEMENT/COURT

Ricky Thomas, P.A. will review and prepare your case thoroughly and do everything possible to achieve a settlement out of court.  We focus our investigation and approach each case to maximize the impact of our settlement proposals.  A large number of cases are settled without going to court.  However, those settlements are obtained by being vigorous and fully prepared to file a complaint in court. 

If a court case is filed, we will draft and file a complaint or other pleadings in the proper Florida or federal court.  As a client, we will consult with you throughout the legal process of drafting the complaint.  We will obtain your approval before filing the complaint.  After a complaint has been filed, most cases will settle before trial.  Settlement often takes place under the auspices of a mediator, a neutral third-party, as a result of party agreement or order of the court.

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DAMAGES

You are entitled to compensable damages if you sustain a  personal injury.  Damages (economic and non-economic) are the amount of money needed to compensate the injured person for injuries in order to make the injured party "whole." 

Generally, damages in a personal injury case include:

  • Cost of Medical Treatment;
  • Pain and Suffering;
  • Emotional Distress;
  • Future Medical Care and Therapy;
  • Out-of-Pocket Expenses, including Insurance Deductibles;
  • Lost Past Wages and Income;
  • Vehicle Rental Fees;
  • Cost to Repair or Replace Damaged Property;
  • Lost Future Wages and Income; and
  • Punitive damages, if the injury was intentional.

The dollar values of  the above compensable damages will be negotiated by the parties' attorneys or a mediator.  In a court proceeding, the value of these damages will be calculated by the court or jury based upon the evidence presented at the trial.

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STATUE OF LIMITATIONS

Ricky Thomas, P.A. will review the statute of limitations to determine whether  the applicable statute of limitations has not run to avoid bar of your personal injury claim. 

The time to file a claim does not begin to run on your claim until you know or should have known that you suffered an injury  as a result of the actions of another person.  Thus, the statute of limitations period will start to run once you have sufficient facts a reasonable person to have notice that the personal injury was caused by the wrongdoing of another person. 

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FREE EVALUATION

Ricky Thomas, P.A. will evaluate your personal injury case free of charge and without obligation.   We will provide an initial examination of your case and review the legal options we believe might be available in your case.

After examination and review of your case, we determine whether your case has merit and will usually offer to represent you on contingency fee basis in which we get paid, if at all, from the proceeds of the case. 

We will review and discuss our representation agreement.  We will give you the opportunity to ask and we will answer any question you may have before signing the representation agreement. 

As a potential client, you will have the opportunity to think about your legal situation and decide whether to allow the our firm or another firm to represent you in your personal injury matter.   

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