Ocala Personal Injury Lawyers

Filing a Personal Injury Claim in Marion County

If you were injured in an accident or otherwise harmed by the negligent or wrongful conduct of someone else, you may be entitled to financial compensation. By filing a personal injury claim, you can seek financial recovery for certain economic and non-economic damages, such as medical bills, lost wages, and pain and suffering. However, navigating the legal process can be very complex, confusing, and time-consuming without the help of an experienced legal team.

At Schackow & Mercadante, our Ocala personal injury lawyers provide personal attention and dedicated legal representation backed by over 126 years of combined experience. We have a long history of success in representing clients throughout North Central Florida in all types of personal injury matters, including highly complex and challenging cases. Our team is known for its aggressive approach to negotiation, litigation, and trying cases—and for winning the results our clients need to heal and move forward with their lives.

If you were injured due to the careless, reckless, or wrongful conduct of another, call our office at (352) 261-6767 or contact us online to request a free consultation today.

Proving a Personal Injury Claim 

In Florida, you may have a personal injury case if you were injured as a result of someone else’s negligent or unlawful actions or inactions. However, as the person bringing the claim (known as the “plaintiff”), you have the burden of proof. This means that you are the one responsible for proving your case. 

Specifically, you will need to prove each of the following elements: 

• Injury: First, you must prove that you suffered an actual injury. Even if someone else was blatantly negligent, if you were not injured, you do not have a case. 
• Damages: In addition to proving that you were injured, you must prove that you suffered measurable damages for which you can be compensated. 
• Duty of Care: You will also need to prove that the defendant had a legal responsibility to take and avoid certain actions that could cause foreseeable injury. 
• Breach: You must prove that the defendant breached the duty of care, typically by acting negligently, carelessly, recklessly, or intentionally. 
• Causation: Lastly, you must prove that the defendant’s negligent or wrongful conduct was the direct or proximate cause of your injuries. 

Under Florida’s rule of pure comparative negligence, you could still file a claim if you were partly—or even mostly—to blame for the incident that caused your injury. However, you will not be able to recover the full amount you are seeking in compensation if you are found to be partly at fault. Instead, your recovery will be reduced by your percentage of fault. So, if you are found to be 25% at fault, your recovery will be reduced by 25%, and you will only be able to recover up to 75% of the full amount you are seeking in damages.