- What are the Most Common Types of Personal Injury Cases?
- What are the Advantages of Filing a Personal Injury Claim?
- How Does an Attorney Help During the Claims Process?
- How are Wrongful Death Claims Different From Personal Injury Claims?
- Nessler & Associates Can Help You Get the Compensation You Deserve
Accidents that lead to severe injuries cause more than physical pain in Clearwater. They can also damage your mental and emotional health and your finances. Sometimes, they prevent you from returning to work or participating in social activities for days, weeks, months, or years after your accident.
The personal injury attorneys with Nessler & Associates in Clearwater have been representing personal injury accident victims since 1977. We have a successful track record of winning maximum compensation for our clients. If you have suffered a personal injury due to another’s negligence, our attorneys can help you get the settlement you deserve.
What are the Most Common Types of Personal Injury Cases in Clearwater?
Personal injury cases cover a range of incidents, including car accidents, medical malpractice, premises liability, product liability, accidents at work, and sexual abuse. At Nessler & Associates, we handle multiple types of personal injury cases.
Auto accidents in Clearwater can involve passenger vehicles, commercial trucks, motorcycles, buses, and pedestrians. Illinois saw 655 fatal crashes in the first half of 2022, with 716 deaths.
Common injuries include broken bones, burns, head trauma, and spinal injuries. Some of these injuries impair your ability to work and require extensive medical treatment. Examples of auto accident negligence include:
- Drunk driving
- Distracted driving, such as eating or talking on the phone
- Drowsy driving
- Aggressive driving
- Poor road maintenance
- Inadequate vehicle maintenance
- Improperly loaded commercial vehicles
Estimates of preventable deaths in hospital patients vary widely. A 1999 study put the figure between 44,000 and 98,000. A more recent 2020 Yale study estimates that 22,165 people die yearly from medical mistakes.
Most victims of medical errors do not file a malpractice claim. Common medical mistakes include:
- Birth injury
- Drug errors
- Delayed diagnosis
- Poor communication
- Poor infection control
- Failure to monitor patients
If you received substandard care from a healthcare provider in Clearwater, work with a medical malpractice attorney from Nessler & Associates. We can help you seek fair compensation and hold the negligent provider responsible for their actions.
Property owners and managers in Clearwater must provide visitors with a safe space or warn them of hazards. Failure to do so can lead to slip-and-fall accidents, drowning, or falling from heights. Premises liability law makes these owners and managers liable for your injuries. Causes of premises liability claims include:
- Poor lighting
- Icy sidewalks and parking lots
- Wet floors
- Cords in walkways
- Poorly maintained staircases
- Uneven floors
Poorly designed or manufactured products can cause injury or illness. Strict liability is used by many states as the basis for cliams.
Strict liability means the victim does not need to prove that the product maker knew of the design flaw. Products that lead to personal injury include:
- Medical devices
- Auto parts
- Power tools
- Heavy machinery
- Personal protective equipment
Workers’ compensation insurance can cover accidents at work in Clearwater. The Bureau of Labor Statistics reported 106,900 workplace injuries in 2021. You may be able to file a third-party personal injury lawsuit if a careless driver or faulty product caused your accident. Causes of workplace accidents include:
- Inadequate protective equipment
- Electric shock
- Crush injuries
- Lifting heavy objects
- Exposure to bodily fluids
Sexual abuse causes long-term mental and emotional damage. It can affect your ability to form healthy relationships or hold a job. We handle sexual abuse claims, including:
- Clergy abuse
- Mental health facilities
- Youth organizations
- Nursing homes
- Juvenile detention centers
Illinois has various statutes of limitations on sex crimes. Speak with a sex abuse attorney from Nessler & Associate to learn the legal options regarding your case and the possible compensation you can receive.
These common personal injury claims in Clearwater allow victims to receive compensation for their injuries. You can discuss your claim with a Nessler & Associates lawyer during a free case review. We can help you decide how to proceed with your claim.
What are the Advantages of Filing a Personal Injury Claim in Clearwater?
A personal injury claim allows you to get paid for your financial and intangible losses. It also holds the negligent party responsible for the injuries they caused.
You Could Get Compensated for Your Financial Losses
Injuries cost money through medical expenses and wage loss. Severe injuries that require extensive treatment might require you to miss a significant amount of work to recover or life-long medical care. If you cannot return to work, you need compensation for this loss of income.
We look at your medical records, receipts, and pay stubs to determine financial damages. Your medical records show whether or not you can return to work and when and the extent of your injuries. Receipts can prove spending on out-of-pocket items and changes to your house or car required by your injuries.
You Could Recover Monetary Damages for Intangible Harm
You may qualify for non-economic damages for your injuries. Non-economic damages include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life when you cannot participate in your usual activities
Non-economic damages offer some compensation for the emotional and psychological effects that your personal injury caused.
In Some Cases, You Can Request Punitive Damages
You may seek punitive damages in some cases in Clearwater, such as product liability. When a defective product causes illness or injury, the product maker might have to pay punitive damages if they knew about the defect. Some cases that qualify plaintiffs for punitive damages include:
- Defective Philips CPAP machines
- Zantac acid reducer
- 3M earplugs
- Talcum powder
You Could Hold the At-Fault Party Responsible for Their Negligence or Misconduct
Careless people and companies should pay for the harm they cause you. The attorneys with Nessler & Associates can file a claim with their insurer or take them to court. We will vigorously advocate for you and hold the negligent parties accountable.
As a personal accident injury victim, you can have peace of mind that your actions may prevent further damages to other people affected by the liable party’s negligence.
How Does an Attorney Help During the Claims Process in Clearwater?
An attorney with substantial experience with personal injury law can efficiently and effectively build your case. They can also advocate for you in negotiations and at trial.
We Gather Evidence
Our legal team will gather evidence for your case. This process includes reviewing documents and photos and talking to witnesses. We may consult experts to prove the cause and timing of your injuries and which standards the responsible party violated.
In cases seeking punitive damages, we gather proof that the responsible party had prior knowledge of the danger. This process might involve depositions, emails, and internal documents.
We Calculate Damages
We use your medical records, receipts, pay stubs, and interviews to determine how much compensation to seek. We typically use the multiplier method to figure intangible losses. We multiply your financial losses by a figure decided by the extent and severity of your injuries.
We Negotiate with Insurers
We negotiate with the insurance company to reach a settlement. Insurers’ goals include paying as little as possible, and they use many tactics to lower their offer. People who do not use an attorney often get bullied into accepting a smaller settlement than they deserve. We prevent that from happening to you.
We Represent You in Court
If the insurance company refuses to offer a fair settlement, we will appear in court on your behalf. We can call expert witnesses, present evidence, and challenge witnesses for the defendant.
A skilled lawyer gives you the best chance of receiving maximum compensation. The personal injury team at Nessler & Associates will ensure you get the best outcome possible.
How are Wrongful Death Claims Different From Personal Injury Claims?
A personal injury lawsuit seeks damages for injuries to a living person. Wrongful death claims seek damages for a victim who has died due to negligence or misconduct.
Damages in a wrongful death settlement include the loss of parental guidance, loss of society, and pain and suffering the victim suffered before death. You can also recover funeral and burial expenses.
Nessler & Associates Can Help You Get the Compensation You Deserve in Clearwater!
The law firm of Nessler & Associates understands the impact injuries have on your physical, mental, and financial health. Our personal injury lawyers will fight aggressively for your right to compensation so that you can start rebuilding your life.