$50M+ RECOVERED FOR CLIENTS

WHAT HAPPENED?

Did someone else’s negligence cause you to be injured in an accident in Florida? Your medical bills, lost income, and emotional distress can all be compensated in a personal injury claim if this is the case. You can fight for a larger financial recovery with the help of a Florida personal injury lawyer. You’ll need an experienced legal team if you’re going up against an insurance company. To speak with one of Herman & Wells’ personal injury lawyers, please call (727) 821-3195.

THE CLIFF NOTES: Get the key takeaways from this page

  • Our team can assess your Florida personal injury case and guide you, though outcomes aren’t guaranteed. Strong cases may lead to deserved compensation and justice.
  • In a personal injury case, damages can include medical bills, lost wages, pain and suffering, and emotional distress, with medical records crucial for proving harm and securing adequate compensation.
  • While it is theoretically possible to handle your case on your own, hiring a personal injury lawyer helps maximize your entitled damages, negotiate expertly, typically securing many times larger settlements, and provide guidance on settlement versus lawsuit decisions.
  • In Florida, you must file a negligence claim within two years after your accident, governed by statutes of limitations with some exceptions for things such as UM insurance.
  • To find the best lawyer for your case, consider their success rate, ask for referrals, inquire about contingency fees, assess their professionalism and compatibility, and interview multiple lawyers.
  • At Herman & Wells, our skilled personal injury lawyers handle a diverse range of personal injury cases in Florida, including auto accidents, drunk driving incidents, parking lot accidents, rideshare accidents, tractor-trailer accidents, pedestrian accidents, premises liability accidents, soft tissue injuries, traumatic brain and spinal cord injuries, and wrongful death cases.

Meet Our Personal Injury Attorneys

Attorney Cliff Wells is Board Certified in Civil Trial Law. An exclusive credential held by less than 1% of lawyers in the state of Florida. 

The state’s highest certification and recognition of proficiency, experience, skills, ethics, special knowledge, and character. To obtain the credential, individuals must pass a rigorous assessment and exam that covers a vast range of civil law topics, including litigation, procedure, and evidence.

The lawyers at Herman & Wells consistently push for the maximum potential payout. Our approach maximizes your financial recovery by shaping the strategy around core pillars. 

We prepare for every case, from the first day forward, with courtroom standards in mind. We gather the crucial evidence through exhaustive investigations, conducting interviews and in-depth depositions, to build a powerful claim. We have proven litigation experience and seasoned attorneys.

Insurer Perception

Insurance companies maintain a rating system to track which law offices will push a case to a jury trial and get great verdicts. Insurers recognize that Herman & Wells has a track record of taking cases to court when necessary and assuming the risk of a higher jury verdict. When they perceive a trial risk, insurance companies are forced to offer more acceptable settlements rather than enter into prolonged litigation.

Trial Readiness

Our skilled personal injury lawyers in Florida are trial-ready. They investigate every case thoroughly, gather all medical documentation, and consult with experts, including accident reconstructionists and medical professionals. The courtroom standard and preparation allow us to avoid gaps in your case and ensure we reach the best potential outcome.

Credibility

Credibility relies on a consistent, honest, and evidence-based case. Our experienced litigators know how to identify weaknesses and build a strong, honest narrative that withstands aggressive cross-examination.

Local Authority

Our local personal injury attorneys understand the local and regional court systems, the judges, and the jury pools. Our firm’s knowledge is an invaluable asset for clients, as we can anticipate how cases will unfold in specific counties across the state.

WHAT TYPES OF PERSONAL INJURY CASES DO WE HANDLE?

We handle a wide range of cases. Find out if yours could be one of them with a free evaluation. Fill out the form below to get started. We handle a wide range of cases; these are just a few examples.

We offer a free evaluation for those who believe they have a case at (727) 821-3195. There will be no pressure to hire us. Whether or not you have a case, we’ll be honest with you from the beginning. Unless we are successful in recovering compensation for you, you owe us nothing. We handle the following types of cases in Florida:

Auto Accidents

The most common type of accidents in the United States involves cars, trucks, motorcycles, boats, and other vehicles. Personal injury claims typically result from another motorist’s negligence. These accidents can have lifelong impacts, regardless of the cause or the negligence involved. It’s possible to need long-term medical care after crashes that at the time don’t seem that bad. In this case, you would file a personal injury lawsuit to seek compensation for immediate medical bills associated with the crash as well as future medical expenses, such as rehabilitation. Additionally, you may be entitled to damages for lost wages, because you were unable to work and will be unable to work in the future, as well as compensation for your physical or emotional pain.

Drunk Driving Incident

The law in Florida deals differently with drunk driving accidents. This is because in such cases, if someone is drunk while driving and causes harm, they will be held liable for “punitive damages” in addition to the harm they caused. As punishment for the wrongdoer and as a deterrent to future drunk driving, punitive damages are extra compensation awarded. These cases are quite serious, so you should contact a board-certified Florida attorney with extensive trial experience in this field. An experienced attorney will be able to handle not only your injury claim, but also the potential punitive damages case against the drunk driver.

Parking Lot Accident

Florida parking lots are surprisingly dangerous places to walk or drive. Parking lots are surprisingly dangerous places to walk or drive in Florida. Blind spots are common for both pedestrians and drivers. Our Florida personal injury attorneys have only seen parking lot accidents increase. There can be relatively minor parking lot accidents, but there can also be catastrophic accidents. You can contact one of our personal injury attorneys for a free evaluation if you have been involved in a parking lot accident in Florida.

Rideshare Accident

Similarly to other poor drivers, bad ridesharing drivers tend to focus on other things besides the road. Drivers and passengers can suffer significant injuries when inattentive moments occur. Some ridesharing companies do not require specialized training or have rules regarding sleeping. The only requirement for becoming a Lyft or Uber driver is one year of driving experience. You should contact us if you have been involved in an accident in caused by a rideshare driver.

Tractor-Trailer Accidents

Often, tractor-trailer accidents result in serious or catastrophic injuries. Cars and trucks are different in that the damage they cause is usually more severe. When a truck collides with a car, many motorists suffer serious injuries like paralysis, TBIs, limb loss, fractures, or death. Recovering from serious injuries caused by tractor-trailers can be challenging and may last for a lifetime. These injuries require more medical treatment, so you should work with a team that will ensure your needs are met financially.

Pedestrian Accidents

It is clear that walking is statistically more dangerous than driving, since pedestrian accidents account for over 13% of fatalities in the United States but only 10.9% of total trips. In 2008, 16.5% of all fatalities in Florida were pedestrian accidents. Herman & Wells can help if you or a loved one has been struck by a vehicle. Our attorneys have expertise with pedestrian accidents and have specialized in these types of cases since 2002. In addition, Herman & Wells has represented countless bicyclists who have been involved in collisions. It is important to hire a Florida personal injury attorney who has knowledge of handling the type of claim you are facing, whether it is a car, bicycle, semi-tractor-trailer, or pedestrian collision.

Premises Liability Accidents

In Florida, premises liability accidents are caused by negligent property owners (either businesses or homeowners). It is important to prove the negligence of the owner or manager of the premises before a personal injury claim can be validated. Most homeowner’s policies include liability insurance, which covers injuries caused by negligent behavior on the part of the homeowner, employees, or contractors working on the property. Premises liability claims include:

Soft Tissue Injuries

More and more evidence is accumulating that soft tissue injuries cause significant disruption to people’s lives. The treatment is costly and may even require surgical intervention. Among the most common soft tissue injuries in Florida are head and neck injuries, especially whiplash. Common injuries are often mistaken for minor injuries, and whiplash is one type of head injury that may require a prolonged recovery period, as well as lost work time and a significant medical bill. Our personal injury lawyers at Herman & Wells have helped many clients get maximum compensation for their medical bills, lost wages, and pain and suffering.

Traumatic Brain & Spinal Cord Injuries

Brain and spinal cord injuries are some of the most horrifying and heartbreaking types of personal injury accidents. As a result of these injuries, you may sustain physical and/or mental damage, including cognitive impairment, and paralysis. If a negligent person or company injures you or a family member, all of you are victims to their carelessness. In any case, you will not be on your own in trying to hold these negligent parties accountable. An experienced Florida injury attorney will work tirelessly on your behalf along with their legal team. A legal team will use medical records, photographs, videos, and other documentation, as well as depositions of medical experts, to build a case to support your claim for compensation to cover past and ongoing medical bills, pain and suffering, and lost wages.

Wrongful Death Cases

A death unexpectedly changes the lives of family members, friends, and loved ones. A wrongful death in Florida occurs when the incident that caused it could have been prevented. Those who believe that negligence, carelessness, or intentional misconduct caused their loved one’s death may want to speak with a personal injury lawyer about filing a wrongful death lawsuit. Herman & Wells is here to help you understand your options after losing a loved one.

PERSONAL INJURY CASES ARE LIKELY TO SUCCEED IF YOU HAVE THE FOLLOWING FACTORS

The Defendant Admitted Fault

When your attorney prepares your personal injury case for trial, admissions of fault can be the most powerful tool in their arsenal. The allegedly responsible party may admit to their role in the accident in many instances where the plaintiff and defendant communicated before the lawsuit.

Let us say, for instance, that you were injured at your workplace. You receive a text from your boss apologizing for the injury caused by unsafe work conditions on your way to the hospital. In reality, they later claim they weren’t at fault in an attempt to avoid having their insurance premiums skyrocket.

Despite their backtracking, they have admitted their mistake, which is invaluable documentation.

The Incident Was Caught on Camera

With today’s advanced smartphone technology and increased surveillance, it’s possible for your accident to be captured on camera. Providing video or photographic evidence that corroborates your story and shows the defendant was negligent could improve your chances at trial. Witness testimony is useful, but there is nothing more compelling than being able to examine the accident exactly as it occurred.

You’ve Suffered Severe Injuries

You have a stronger case if your injuries are severe and can be confirmed by a medical professional. 

There’s a History of Similar Events Showing the Defendant had Knowledge of the Hazard

Having a pattern of behavior or a history of similar incidents may work in your favor when you intend to sue another person or business. As a simple example, suppose you were injured after slipping and falling on a rickety staircase at a local business. In an investigation, your attorney discovers that the business neglected to make repairs necessary to bring the staircase up to code despite dozens of other customers experiencing similar problems.

Clearly, you were not the only victim of this establishment’s negligence, as you are just one of many who have suffered because of their inability to remedy an unsafe situation. In cases where there has been a pattern of negligent behavior, juries and judges are more likely to award significant damages.

There’s a History of Similar Events

Having a pattern of behavior or a history of similar incidents may work in your favor when you intend to sue another person or business. As a simple example, suppose you were injured after slipping and falling on a rickety staircase at a local business. In an investigation, your attorney discovers that the business neglected to make repairs necessary to bring the staircase up to code despite dozens of other customers experiencing similar problems.

Clearly, you were not the only victim of this establishment’s negligence, as you are just one of many who have suffered because of their inability to remedy an unsafe situation. In cases where there has been a pattern of negligent behavior, juries and judges are more likely to award significant damages.

You’ve Been Trying to Get Better

Having a track record of diligence in seeking medical advice is helpful when presenting your case at trial. It means you followed the advice of your medical professionals and sought all the necessary medical care in a timely manner. Additionally, it means you haven’t hesitated to contact your insurance provider or legal counsel. It is crucial that you demonstrate that you are serious about your recovery and treatment. When you sought medical assistance or an attorney months after the alleged incident, it looks bad for your argument.

PROS OF HIRING A PERSONAL INJURY LAWYER IN FLORIDA VS. HANDLING YOUR OWN CLAIM

While it is technically possible to file a claim against the other party through insurance or Small Claims Court on your own in some circumstances, studies show that people who hire attorneys get more than 3 times higher settlements and are much more likely to get a settlement at all. A lot of people start their claim on their own and eventually let it drop altogether, giving in to the insurance industry’s delay tactics. Here are some benefits of hiring a personal injury lawyer in Florida as opposed to handling a case on your own:

  • A lawyer can help you ensure that you receive all of the damages you are entitled to.
  • You can maximize your recovery with the help of lawyers who are experts in negotiation.
  • When you are represented by an attorney, insurers and defendants will take your claim more seriously.

Represented Plaintiffs Tend to Receive Larger Settlements

It is estimated that the average person receives a 3.5 times larger settlement with legal assistance than without it, according to a 1999 study by the Insurance Research Council. This is especially relevant in personal injury settlements.

Choosing to Settle Vs. Filing a Personal Injury Lawsuit

When you are presented with a settlement offer from the insurance carrier at some point, you must decide if this is enough, and if you are willing to settle. Your lawyer will help you weigh the pros and cons to find out whether the settlement is fair. Because we handle thousands of these cases per year for decades, we can walk you through the potential risks versus the upsides. Taking your chances with a court trial may be your best option if you don’t believe the settlement is fair.

TIMELINE FOR FILING A PERSONAL INJURY LAWSUIT IN PINELLAS

Learn about the statute of limitations for your case and how long you have to take action. In Florida, you have two years after your accident to file a negligence lawsuit. This limit is called a “statute of limitations.” In Florida, after two years, even a personal injury law firm usually cannot take your case against the negligent party and, and you won’t be able to pursue compensation against them anymore. You do need to talk to an attorney though, because you may still be able to make a claim for UM (Uninsured/Underinsured Motorist) coverage. If you’ve been injured and you face medical bills and can’t work, and want to try to get your life back on track, you should consider contacting a personal injury attorney today. You could lose out on compensation if you wait too long and miss a deadline.

There are a few steps you must take after your motor vehicle accident, slip and fall, or other personal injury accident; these steps are the beginning of the filing timeline.

1.  Reach Out to Your Lawyer

Consult an attorney who has handled personal injury cases for years. They use a strategic approach to assess cases to figure out whether you can pursue a personal injury claim and how much you can get.

2. Build Your Case

The moment you sign a retainer agreement, your attorney and legal team will begin reviewing every aspect of your case, from your injuries and the circumstances that caused them, to your employment history and wages, to the circumstances of your family, and any other elements that will bolster your claim.

3. Settlement Negotiations

The attorney will send a letter that lays out your case for damages to the insurance company or another party. You can often come to an agreement with your lawyer that will make you feel better with a suitable personal injury settlement.

4. File Your Lawsuit

Should the other party, however, offer a low-ball amount or refuse a reasonable settlement outright, your legal team will switch gears and be ready to file a lawsuit in order to get you the most compensation possible.

5. Discovery

Documents and other evidence are shared between both sides in a lawsuit during this period. As part of this process, your attorney will request any documentation that the other side may have that could assist in proving your case.

6. Trial

Cases that cannot be settled go to a judge and jury. As part of that process, your lawyer will interview expert witnesses and argue your case.

CONTACT OUR FLORIDA PERSONAL INJURY ATTORNEYS

When you have been injured in any accident caused by someone else, you should have a Florida personal injury lawyer on your side. Since the other party is likely to have a lawyer on their side, a lawyer can help you level the playing field. A lawyer can call upon resources such as expert witnesses or private investigators if necessary. For a free evaluation, contact Herman & Wells personal injury firm to speak to one of our experienced personal injury attorneys.

Frequently Asked Questions

See some of the frequently asked questions with answers below:

What Makes Your Firm Different from Others?

At Herman & Wells, we offer every client a blend of legal knowledge, professionalism, trial and litigation experience, empathy, and personal commitment. We pride ourselves on our outstanding communication, reputation, loyalty, and above-par legal services. We handle all communication with the insurance company to negotiate the maximum payout you deserve.

How Long Do I Have to File a Claim in Florida?

There is a strict cutoff date for filing personal injury cases, and missing the deadline would mean losing the opportunity to hold the at-fault party responsible. Under Florida Statutes § 95.11, you must file the claim within two years of the date of the accident against the negligent party, but up to 5 years for UM benefits (Uninsured/Underinsured Motorist Coverage). However, each case is unique, and the best way to ensure you file the case and comply with all state statutes is to meet with a qualified personal injury attorney in Florida.

What Does it Cost to Hire a Personal Injury Lawyer?

At Herman & Wells, our Florida personal injury lawyers charge on a contingency fee basis. That means you will not pay any legal or attorney fees unless you win the settlement for your case. During a free case evaluation, our team will answer all of your specific questions about the process and fee schedule.

Frequently Asked Questions (FAQs)

DO YOU HAVE A VIABLE PERSONAL INJURY CASE?

Our team of experts can help you determine if you have a viable personal injury case in Florida – then we’ll help you decide what to do about it. If you are considering a personal injury lawsuit in Florida, you’ll want to know if you have a strong case. In the end, the truth of the matter is that, when it comes to the law, there is never a guaranteed victory. As a matter of fact, there are times when seemingly uncomplicated cases can lead to an undesirable outcome for the party who has been injured. However, there are some scenarios in which an injured party has a strong chance of receiving the compensation and justice they deserve.

Free evaluations are the best way to have your questions answered by a skilled attorney. Find out how much your case is worth today. Sitting down with our attorneys at Herman & Wells for a free evaluation is the best way to determine how much your case is worth. Upon hearing your story, reviewing the details of your incident, and assessing the potential value of your injury, we can provide you with a preliminary estimate.

During your free evaluation, we’ll hear your story and discuss:

  • The type of accident
  • The extent and severity of your injuries
  • If you are temporarily or permanently unable to return to work
  • Emotional impact of your accident and injury
  • Damaged property that needs to be replaced or repaired
  • Shared responsibility for the accident (and how much)
  • Liability for your injuries

A plaintiff can recover compensation for certain types of damages resulting from his or her injuries. Personal injury lawsuits are filed to seek compensation, or “damages,” for the harms suffered by the plaintiff.

The idea is to compensate an injury victim so that they are not on the hook for the financial consequences of the act of another. A personal injury lawsuit can award you several types of damages, some of which are “economic” and related to the costs incurred following an injury, and some of which are noneconomic, or more subjective. It depends on where you live and/or where the injury occurred as to what’s available and how (and if) they’re limited.

Medical Bills

An individual involved in a personal injury accident might require medical attention. For immediate injuries, this can involve tests, treatment, hospitalizations, and outpatient care. These are not always the only options available.

It could also be necessary to receive ongoing medical care, especially if there are serious or permanent injuries. These expenses can add up quickly. Medical bills for the injured can exceed tens of thousands of dollars. In an ideal world, the damages assessed against the defendant would cover all of this.

Lost Wages

As a result of your inquiry, you missed work. Perhaps you took some sick time to go to a doctor’s appointment or maybe you were in the hospital and had to take time off. It could also be that you suffered a severe injury and are unable to work. You may be entitled to compensation if you miss a few days of work or are unable to work going forward.

Pain & Suffering

The amount of compensation you receive is based on the type of injury you sustained and what medical treatment you received. The plaintiff must have as much evidence as possible to prove the harm caused by another’s negligence in order to receive compensation of this kind, which can exceed a million dollars in a jury trial.

It is important to keep track of the extent and duration of recovery following an injury through medical records, which can include diagnoses, prescriptions, clinical visits, and hospital stays.

However, you can only achieve this if you are proactive about your treatment and communicate with your physician effectively. Keep written records of your symptoms and take photos and videos of your injuries.

Emotional Distress

Compensation is based on the mental and emotional state of an injured person following an accident. Severe injuries don’t necessarily affect just the physical person. The mental trauma a personal injury victim experiences may range from anxiety and depression to post-traumatic stress disorder, depending on the nature of the accident.

In order to receive damages from emotional distress, you typically need comprehensive and accurate records from your therapist, psychologist, or psychiatrist, as well as a diagnosis of a specific mental illness.

 

When selecting the right personal injury lawyer for your case, there are a few things to consider. Many options are available, and you might find that sorting through them is overwhelming. The industry may have a bad reputation, but there are still many good personal injury lawyers out there. Read on to find out how.

Our very own Attorney, Cliff Wells, is one of the best personal injury lawyers in Florida.

Ask About Their Success Rate

You need an attorney with more experience than just handling personal injury cases. A few cases do go to trial, but the vast majority of personal injury claims are settled between the parties before a lawsuit is ever filed. A personal injury attorney should have successfully negotiated settlements and litigated cases all the way to a jury verdict. Determine the attorney’s success rate. They probably don’t have a high rating if they can’t provide it.

Ask for Referrals

A lot of people know someone who has had a personal injury or workers’ compensation case, so ask your friends and family if they had a good experience with a lawyer. A referral list helps you find a starting point for interviewing lawyers. It is of course valuable information if someone had a negative experience with a lawyer. As soon as you cross them off your list, you can move on to the next prospect.

Work on Contingency

Attorneys charge hundreds of dollars per hour for their services. After being injured, you probably cannot afford to pay for this out of your own pocket. A reputable personal injury lawyer works on contingency. They are not paid until you are compensated. Contingency amounts typically range from 25% to 40%, so look for an attorney whose fees fall within those ranges. They’ll take a cut from your winnings, and good ones include legal fees in the final settlement to ensure that you get the most out of it.

A Professional Office

There are many moving parts in a personal injury case, including deadlines that must be met to continue settlement negotiations or comply with court demands. In order to perform their job effectively, a lawyer has a professional office. Pick a lawyer whose office is organized and whose files are well organized. You should also expect your lawyer to be on time when meeting with you and to respond promptly to your inquiries.

During the COVID Pandemic, Herman & Wells became a hybrid law firm. While we love our primary offices in Pinellas Park, we also have attorneys and paralegals who work from a professional office situated in their own homes. This modern approach has helped us grow with personal injury lawyers in Tampa, St. Petersburg, Clearwater, Seminole, Tallahassee, Lakewood Ranch, Bradenton, and Sarasota.

Pick a lawyer whose office is organized and whose files are well organized. You should also expect your lawyer to be on time when meeting with you and to respond promptly to your inquiries.