EJ | LAW, PLLC · Downtown Tampa
Tampa Personal Injury Lawyer
An injury caused by someone else's carelessness rarely stays a single problem. It becomes medical appointments, missed shifts, paperwork, and questions nobody prepared you for — often while you are still recovering.
This page explains, in plain language, what a Florida personal injury claim is, the kinds of matters this office handles, the evidence that tends to matter, how Florida's comparative negligence and deadline statutes work, and what the process generally looks like. Every case depends on its own facts and on the law that applies to it, so nothing here is a conclusion about your situation.
Eduardo "Eddie" Jimenez is a Spanish-speaking attorney licensed in Florida since 2003 (Florida Bar #674907), admitted September 22, 2003, with a stated practice area of personal injury and an office in downtown Tampa. Consultations are free and available in English or Spanish.
What a personal injury (negligence) claim is
Most personal injury cases in Florida are negligence cases. Generally, a person bringing a negligence claim has to show four things: that the other party owed a duty of reasonable care, that the party did not meet that duty, that the failure caused the injury, and that the injury produced losses the law recognizes.
Each of those elements is proved with facts — records, photographs, witnesses, expert analysis in some matters — not with adjectives. Whether the facts of any particular incident satisfy them is a question that can only be evaluated case by case, and we do not offer that conclusion on a web page.
A claim is usually first presented to an insurance company. If it cannot be resolved that way, a lawsuit may be filed in the appropriate court, which in Hillsborough County is the Thirteenth Judicial Circuit.
Types of injury matters this office handles
The practice area listed for Eduardo Jimenez with The Florida Bar is personal injury. Matters described on this site include:
- Traumatic brain injury and other serious harm requiring long-term care
- Wrongful death claims brought by eligible survivors under Florida law
- Auto accidents, including crashes involving uninsured or hit-and-run drivers
- Truck and commercial vehicle collisions
- Motorcycle and bicycle crashes
- Rideshare (Uber and Lyft) accidents, as passenger, driver or other motorist
- Pedestrian accidents in crosswalks, parking lots and neighborhood streets
- Boating and other watercraft incidents
- Slip, trip and fall incidents and other premises liability matters
- Workplace injuries and third-party claims arising from them
- Dog bites and animal attacks
- Nursing home neglect and abuse concerns
Evidence that tends to matter
Claims are documented, not asserted. The information below is what people commonly try to preserve early, because it becomes harder to recover as time passes.
- Incident, crash or police report numbers and the agency that responded
- Photographs and video of the scene, the hazard, vehicle damage and visible injuries
- Names and contact information for witnesses and anyone who spoke about what happened
- Complete medical records and bills from every provider who treated you
- Proof of missed work: pay records, schedules, or a letter from an employer
- Correspondence, claim numbers and recorded-statement requests from insurers
- Damaged property in its post-incident condition, including footwear or a helmet
- Surveillance or dashcam footage, requested promptly because many systems overwrite it
Damages Florida law may allow
What can be claimed depends on the facts, the evidence, the applicable statutes and any insurance coverage available. Categories Florida law recognizes in negligence cases can include:
- Past and reasonably expected future medical expenses
- Lost wages and, where supported, reduced future earning capacity
- Costs of rehabilitation, therapy and assistive care
- Pain, suffering, mental anguish and loss of enjoyment of life, where legally available
- Property damage tied to the incident
- In wrongful death matters, losses defined by the Florida Wrongful Death Act for eligible survivors
Florida comparative negligence
Florida uses a modified comparative negligence system under Florida Statute 768.81. In general, an injured person's recovery may be reduced in proportion to their own share of fault, and a party found more than 50% at fault for their own injury generally cannot recover from other parties. Certain claims, including medical negligence actions, are treated differently under that statute.
Because insurers often argue an injured person shares fault, how the facts are documented early can matter a great deal. Read the statute for yourself:
Deadlines: the general two-year period
Florida Statute 95.11 sets limitation periods for civil actions. For many negligence actions, the period is two years from the date the cause of action accrued. Other categories — including certain claims involving medical negligence, products, government entities or intentional acts — follow different periods, notice requirements or accrual rules, and some situations can shorten the practical window even further.
Missing an applicable deadline can end a claim regardless of how the injury happened, so the only reliable way to know which period applies is to have the specific facts reviewed. The statute is public:
How a claim generally proceeds
- 01
Free consultation
We listen to what happened in English or Spanish, explain the general framework, and tell you what documents are useful.
- 02
Investigation
Reports, records, photographs, witness information and coverage details are gathered and organized.
- 03
Claim and negotiation
The documented claim is presented to the responsible insurers, who evaluate liability and losses.
- 04
Litigation if needed
If no fair resolution is reached, suit may be filed and the case proceeds through the court process.
Frequently asked questions
Request a free case review — English or Spanish
Tell us what happened and we will explain the general framework that applies and what documents help. There is no cost for the consultation and no obligation.
- Call
- 813-284-4844
- admin@getjusticetampa.com
- Office
- 400 N Ashley Dr, Suite 1900, Tampa, FL 33602
- Hours
- Monday–Friday 9:00 AM – 5:00 PM · After-hours by appointment