Personal Injury Lawyer in St. Pete & Pinellas Park, FL
Personal Injury cases often arise when a person is injured due to the intentional or negligent (accidental) actions of another person. In these cases, the damaged party hopes to recover damages such as having their medical expenses paid, their lost wages reimbursed, and their pain and suffering compensated for.
A person may also recover damages when their property is destroyed or diminished because of the actions of another person. In many cases a person suffers both personal injury and damage to their property, in which case the damaged party can try to recover on both claims simultaneously.
If you believe you have been injured by the actions of another person, you should contact a trial attorney immediately. Oldham & Delcamp is always available to do pre-representation consult.
Common Personal Injury Cases
1. Motor Vehicle Accidents
Florida averages over 30,000 accidents per month and hundreds of thousands annually. Every year, more Floridians and visitors find themselves among this group. These incidents are often the result of another motorists negligence. Even if you walked away from the scene – the at-fault motorist may still be responsible for your medical expenses and lost wages.
2. Premises Liability | Negligent Security, Falls, and Other Injuries
Property owners, and in some cases those who lease property, have a duty to keep their premises safe. If you have been injured on someone else’s property due to their failure to keep the premises safe, you may bring suit against the property owner or lessee. This type of case arises when:
- The property owner/lessee knew or should have know about the dangerous condition
- They failed to repair or warn you of this condition
- You were injured by this condition
3. Wrongful Death
If a family member or spouse died due to the negligence or misconduct of another, you may file a civil action against the party at fault for the fatality. The wrongful death action provides compensation for relatives who depended on the deceased financially and/or for companionship.
These actions are often due to:
- Motor vehicle accidents
- Medical malpractice
- Workplace accidents
Professional and Personal Approach to Your Personal Injury Case
Each case is different and many factors are present in the calculation of damages which determines what value will ultimately be sought from the party at fault. The trial attorney at Oldham & Delcamp are happy to take the time to speak with you, review your damages, and determine a plan for pursuing recovery. Often pre-suit settlements are favorable but if a fair and equitable agreement cannot be reached, we are prepared to file suit and proceed to a jury trial.
Damages are the results of an injury suffered by the damaged party. A personal injury case is an attempt by the damaged party to be compensated for the injuries they suffered as a result of another person’s action or inaction. There are several types of common damages, many of which are easy to determine to ‘cost’ of, which are generally called ‘economic’ damages. However, ‘noneconomic’ damages are more subjective and rely on the particular details of a case. A skilled attorney will seek damages of both types when available.
- Medical Bills: One of the most obvious forms of economic damages, many injuries require medical treatment to recover from. Provided that you sought treatment within the statutorily set 14 day period, medical bills and expenses incurred as a result of an accident can be claimed as damages and recovery may be available.
- Lost Wages: In addition to wages lost directly as a result of missing work due to an accident, you may also be able to recover wages lost as a result of missing work to seek medical treatment. Additionally, if the accident rendered you totally unable to work, your future wages could be a type of damages to claim compensation for.
- Pain and Suffering: Pain and suffering is awarded based on the severity and breadth of the pain an injury causes. Medical records and documentation help to provide credibility and an articulation of the pain and suffering a party endures, and are critically important to proving these kinds of damages. As this is a “non-economic” type of damage and there is no standard calculation involved, a skilled attorney is critical in ensuring that you receive just compensation.
- Emotional Distress: Not all injuries suffered as the result of an injury are physical. This category of damages is intended to compensate people for anxiety, depression, or other mental trauma like post-traumatic stress disorder that are caused by another person. These kinds of damages typically require medical records and treatment by a psychologist of psychiatrist with an accompanying diagnosis.
- Wrongful Death: A wrong death suite can be filed by the spouse or family of a deceased party when they are killed due to the negligence or misconduct of another person. The survivors are left without the love, support, and income of the deceased family member, and the courts can recognize this unfortunate loss. Damages are designed to cover the lost income, leftover bills, and funeral expenses faced by those left behind, as well as non-economic damages such as the loss of “parental companionship, instruction, and guidance” when a child loses their parent(s).
- Loss of Consortium: When an injury suffered by a party affects a person’s ability to carry on a complete relationship, a “loss of consortium” claim arises. The loss of companionship of another person (in whole, due to death, or in part due to injury) gives rise to this claim, which can be difficult to quantify.
- Punitive Damages: A special type of damages that can only be rewarded at trial. When the conduct of the defendant is so egregious that the plaintiff should not only be compensated for the damages they’ve incurred, but the defendant should be additionally punished to demonstrate to the defendant and others how horrible their actions were. While this kind of damages has many restrictions, and is wholly unavailable in some states, punitive damages are a powerful tool for helping victims get justice.
1. Pre-Suit Settlement Settlement
Through skilled presentation, many insurance companies can be convinced to settle a case before a trial becomes necessary. Before this can happen, an attorney gathers all the information about their clients damages (their medical bills, medical records, treatment recommendations, any property damage resulting from the accident, etc.) and then discusses the situation with their client.
By presenting the totality of the damages their client has already faced and the reasonable projection of their future hardships an attorney can demonstrate their clients damages and negotiate a satisfactory recovery for their client without the necessary hardship of pre-trial discovery and a civil trial.
2. We Are Trial Lawyers
Gordon Oldham and Jack Delcamp are experienced trial lawyers. Both Mr. Oldham and Mr. Delcamp were Assistant State Attorney for several years, and both were eventually selected as Lead Trial Attorneys. During that time, they conducted many trials on the behalf of the state and secured convictions for traffic offenses, misdemeanors, and felonies.
After leaving public service, Mr. Oldham joined a large regional law firm and represented insurance companies until he decided to start his own firm. Mr. Delcamp served as in-house counsel for a major insurance carrier. Each of these experiences have gifted Mr. Oldham and Mr. Delcamp with unique insight into civil litigation and claims assessment.
At Oldham & Delcamp we are committed to ensuring each of our clients receives the recovery they deserve.
Top Florida Personal Injury Trial Attorneys
When you have been injured as a result of another person’s negligence, you need reliable legal representation that you know and trust. Oldham & Delcamp’s mission is personalized service tailored to your needs.
We are here to guide you through every step of the legal process, from the initial filing of an insurance claim all the way through trial. We will fight for the compensation that you deserve and ensure that you receive the medical treatment you need.
Oldham & Delcamp handles personal injury cases in Pinellas, Hillsborough, Manatee, Citrus, Hernando, Lake, and Marion counties.
Call to Discuss a Potential Personal Injury Case
For a free consultation with one of Oldham & Delcamp’s top-rated injury and wrongful death lawyers, call us today at 727-201-5458 or fill out our form! We can also help you with business law, criminal law, real estate law, or act as your civil mediation attorney and probate attorney.