Cases We Handle
We represent clients in a wide range of claims, including:
- Car accidents and other motor vehicle crashes
- Truck and commercial vehicle accidents
- Motorcycle accidents and pedestrian injuries
- Bicycle crashes
- Rideshare collisions (Uber/Lyft)
- Premises liability (slip and fall, unsafe property conditions)
- Negligent security (assaults tied to inadequate security measures)
- Catastrophic injury claims (brain injury, spinal injury, amputations)
- Wrongful death lawsuits
Kemp Law’s attorneys are licensed in Florida and Georgia and can assist in complex cases that involve cross-state defendants or insurance policies.
Understanding Personal Injury Claims in Florida
A personal injury claim is a legal demand for compensation after someone is harmed by negligence or misconduct. The purpose is financial accountability—recovering money that reflects what the injury has taken from you and what it will likely cost you in the future.
Most people don’t think in legal terms after an injury. They think in realities:
- “How do I afford what this has done to my life?”
- “What happens if I can’t work the same way again?”
- “Who is actually responsible?”
- “Why is the insurance company acting like this is routine?”
A well-built injury claim answers those questions with evidence.
The Legal Foundation: Negligence
Most personal injury cases are negligence cases. Negligence usually comes down to four elements:
- Duty of Care. The defendant had a legal responsibility to act reasonably (for example, drivers must operate safely; property owners must address known hazards; businesses must take reasonable steps to protect lawful visitors).
- Breach of Duty. The defendant failed to act reasonably—through carelessness, unsafe practices, ignoring known risks, or violating rules designed to protect others.
- Causation. The breach caused the injury. This is where facts matter: what happened, how it happened, and whether the injury logically and medically followed from the event.
- Damages. The injury resulted in real losses. In serious injury claims, damages often include medical costs, lost income, disability, and the human impact of pain and lifestyle change.
When a case is contested, insurers rarely fight on only one element. They often dispute fault, causation, and damages at the same time. That’s why robust case development matters.
Liability: Determining Who Is Legally Responsible
“Liability” means legal responsibility. In some cases, it is not always limited to one person.
Depending on the facts, responsible parties can include:
- An individual who caused the injury
- An employer (when negligence occurs in the scope of work)
- A vehicle owner (separate from the driver)
- A business entity that created or ignored a dangerous condition
- A contractor responsible for maintenance or safety
- A property owner or management company
- A manufacturer (in certain defect-related cases)
In addition to defendants, a victim’s own conduct may also have bearing on liability determinations. That’s because Florida uses a modified comparative negligence structure, which generally means two things:
- Any compensation can be reduced by the percentage of fault assigned to the injured person.
- When fault disputes exist, the defense may try to shift responsibility to reduce or eliminate what they owe.
The practical takeaway is simple: liability proof needs to be built deliberately, not assumed.
What Compensation May Include
Every case is unique, but compensation in a serious injury claim may include:
- Past and future medical expenses (including specialist care, rehabilitation, and long-term needs)
- Lost wages and loss of earning capacity
- Costs tied to disability or permanent impairment
- Pain and suffering and loss of enjoyment of life (when legally available)
- Scarring and disfigurement (when applicable)
- Wrongful death damages when negligence results in a fatality
Serious injury cases often require more than adding up bills. They require proving future impact, such as how the injury changes work ability, daily function, and long-term medical needs.
How the Injury Claim Process Typically Works
A personal injury case tends to follow a disciplined progression:
- Case evaluation and liability assessment. We evaluate what happened, identify the legal theories, and determine which parties and policies may be involved.
- Evidence development. The case is built with the proof needed to establish fault and defend damages.
- Damages documentation. We gather and organize the records and facts that show the full impact of the injury—not just the immediate treatment.
- Demand and negotiation. The goal is a fair recovery. Insurers are negotiated with from a position of readiness, not hope.
- Litigation when necessary. If the defense refuses to be reasonable, litigation may be required to pursue the value the claim justifies.
Complex claims often require a thorough investigation and complete damages documentation. We develop the case to support a fair resolution and, when needed, present it effectively in court.
Clearwater Personal Injury FAQ
What Compensation Can Be Recovered in a Personal Injury Case?
That depends on the injury and how it affects your life. Many claims seek recovery for:
- Medical expenses
- Lost income
- Future care needs
- Non-economic harm (i.e. physical pain and the loss of quality of life)
A meaningful valuation requires documentation of both current loss and likely future impact.
How Long Do I Have to File a Personal Injury Claim in Florida?
Deadlines vary by case type and facts, but Florida has strict time limits for filing many claims. In many negligence-based matters, the limitations period is two years, and missing the deadline can bar recovery. A consultation can confirm the deadline that applies to your situation and whether any exceptions may apply.
How Long Will My Case Take?
Timelines depend on the nature of the injury, the clarity of fault, and whether the other side disputes liability or damages. Some cases resolve through settlement relatively efficiently, while others require litigation to reach a fair result. After reviewing the facts and medical course, the firm can give a more realistic expectation of what the timeline may look like.
How Much Does It Cost to Hire Kemp Law?
Kemp Law handles many personal injury cases on a contingency fee basis. That means there are no upfront attorney’s fees, and our firm is paid only if compensation is recovered. During your consultation, the fee structure and any case-related costs are explained in plain terms so you know what to expect before moving forward.
What Happens After I Contact Your Firm?
The process typically starts with a consultation focused on the key issues that determine whether a claim is viable: liability, damages, and available insurance coverage.
If our firm takes the case, our legal team moves into evidence development and damages documentation, including gathering the records and proof needed to support a fair settlement demand and, if necessary, litigation.
Do I Have a Case If the Other Side Denies Responsibility?
A denial does not mean there is no case. Liability disputes are common, especially in higher-value matters. The strength of a claim depends on the available evidence and whether it supports negligence and causation. A careful review of the facts, documentation, and applicable insurance coverage usually determines the best path forward.
Call for a FREE Consultation: (727) 788-6792
If you were injured in Clearwater or anywhere in Pinellas County, our award-winning personal injury attorneys at Kemp Law are ready to discuss your case and options.
Call (727) 788-6792 or contact us online to schedule your free consultation.
