Why Choose Osborne, Francis & Pettis?
At Osborne, Francis & Pettis, we represent injury victims throughout Oviedo in matters involving vehicle accidents, premises liability, medical malpractice, negligent security, wrongful death, and catastrophic injuries.
With more than 50 years of combined experience, our attorneys investigate the facts, identify liable parties, and pursue compensation that reflects the full impact an injury has had on our clients' lives.
We are Real Tough Lawyers for Real Tough Cases.
What Is a Personal Injury?
A personal injury occurs when someone suffers harm because another person, business, healthcare provider, or organization acted negligently. These claims commonly arise from vehicle accidents, dangerous property conditions, medical malpractice, defective products, and other preventable incidents.
If an injury could have been avoided had reasonable care been exercised, Florida law may allow the injured person to seek compensation for their losses.
Common Types of Cases Our Oviedo Personal Injury Law Firm Handles
Personal injuries can occur in countless ways, but most claims fall into several broad categories. At Osborne, Francis & Pettis, we represent Oviedo residents who have been injured because another person, business, healthcare provider, or organization failed to act responsibly.
Vehicular Accidents
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Rideshare accidents
- Commercial vehicle accidents
Premises Liability
- Slip and fall accidents
- Negligent security incidents
- Swimming pool accidents
- Falling merchandise
- Unsafe stairways
- Inadequate lighting
Medical Malpractice
Product Liability
- Defective auto parts
- Faulty medical devices
- Dangerous pharmaceuticals
- Manufacturing defects
- Design defects
- Inadequate warnings
Common Causes of Personal Injuries
Most personal injury claims arise because someone failed to take reasonable precautions to prevent harm. While every case involves unique facts, certain causes appear frequently across many types of accidents and injury claims.
Common causes of personal injuries include:
- Distracted driving
- Speeding
- Drunk or impaired driving
- Failure to maintain safe property conditions
- Inadequate security measures
- Medical mistakes
- Defective products
- Negligent hiring or supervision
- Safety violations
- Failure to warn about known dangers
In some cases, the cause of an injury is immediately apparent. In others, determining exactly what happened requires a detailed investigation. Businesses, property owners, healthcare providers, and insurance companies do not always admit fault voluntarily. Our attorneys work to identify how the injury occurred, preserve evidence, and determine who may be legally responsible.
What to Do After a Personal Injury
The steps you take after an accident can affect both your health and your legal claim. If possible:
- Seek medical attention promptly
- Photograph the scene, injuries, and any property damage
- Gather contact information for witnesses
- Save medical records, bills, and other documentation
- Avoid discussing the incident on social media
- Speak with an attorney before giving detailed statements to insurance companies
Taking these steps can help preserve evidence and protect your ability to pursue compensation.
Who Can Be Held Liable?
One of the most important questions in any personal injury case is identifying who is legally responsible for the harm that occurred.
Many people assume liability falls on a single person. In reality, several parties may share responsibility depending on the circumstances.
Potentially liable parties may include:
- Drivers
- Trucking companies
- Employers
- Property owners
- Business operators
- Healthcare providers
- Hospitals
- Nursing homes
- Security companies
- Product manufacturers
- Contractors
- Government entities
For example, a truck accident may involve a negligent driver, a trucking company that failed to enforce safety standards, and a maintenance company that neglected necessary repairs. A negligent security case may involve both the property owner and a third-party security contractor.
Identifying all responsible parties is important because it can affect both the strength of a claim and the amount of compensation available. Our attorneys conduct thorough investigations designed to uncover every potential source of liability.
How to Prove Liability
To recover compensation, an injured person must generally show that another party's negligence caused the injury. Most personal injury claims involve four elements:
- Duty of Care: The defendant had a responsibility to act reasonably.
- Breach of Duty: The defendant failed to meet that responsibility.
- Causation: The defendant's conduct contributed to the injury.
- Damages: The injured person suffered losses as a result.
Evidence commonly used to establish liability includes police reports, medical records, witness statements, photographs, surveillance footage, and expert testimony.
What Makes a Strong Personal Injury Case?
Strong personal injury claims are typically supported by prompt medical treatment, clear evidence, witness statements, photographs, and documentation of damages. Medical records often play a critical role because they help connect the injury to the incident and establish the treatment required.
The sooner evidence is preserved, the stronger a claim is likely to be.
After an injury, the insurance company may move quickly to limit its exposure. Before accepting a settlement offer or providing information that could affect your claim, speak with an attorney who can evaluate your case and explain your options.
Speak with an Oviedo personal injury attorney today by calling (561) 293-2600 or fill out our online contact form to schedule a free case review.
Dealing With Insurance Companies
Many injury victims assume the insurance company will fairly evaluate the claim and offer compensation that reflects what happened. Unfortunately, insurance companies are businesses, and their financial interests do not always align with the interests of injured individuals.
Soon after an accident, an adjuster may contact you requesting information, medical records, or a statement regarding what occurred. While these requests may seem routine, the information provided can affect the value of your claim.
Insurance companies often attempt to:
- Minimize the seriousness of injuries
- Shift blame to the injured person
- Question medical treatment
- Delay the claims process
- Interpret statements in the light most favorable to the insurer
- Encourage quick settlements before the full extent of injuries is known
Be Careful About Recorded Statements
One of the most common requests made by insurance adjusters is for a recorded statement.
The conversation may seem informal. The adjuster may assure you that they simply want to hear your version of events. However, recorded statements are often reviewed later for comments that can be used to dispute liability or reduce compensation.
A person who says they are "feeling okay" shortly after an accident may later discover a serious injury that was not immediately apparent. An innocent estimate about speed, distance, or timing may later be portrayed as an admission of fault.
Before providing a recorded statement, it is generally a good idea to speak with an attorney who can explain your rights and help you avoid mistakes that could affect your case.
What Compensation Is Available?
A serious injury can affect much more than a person's physical health. Medical expenses, lost income, and ongoing limitations can create challenges that last well beyond the initial accident.
Depending on the circumstances, compensation may include:
Medical expenses
- Emergency treatment
- Hospital stays
- Surgery
- Rehabilitation
- Physical therapy
- Future medical care
Lost income
- Lost wages
- Lost benefits
- Reduced earning capacity
- Future income losses
Non-economic damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In wrongful death cases, compensation may also be available for funeral expenses, loss of financial support, and other losses permitted under Florida law.
We Don't Settle for Less
A nationwide Martindale-Nolo survey found that more than 90% of people who hired an attorney recovered compensation, compared to approximately 50% of those who handled claims on their own. Experienced legal representation can make a significant difference in both the outcome and value of a claim.
Results That Reflect Our Commitment
- $8 Million Recovery: Our firm represented a family whose teenage daughter was shot at an apartment complex with a documented history of violent crime. Despite prior incidents and repeated warnings, ownership failed to implement adequate security measures.
- $2.5 Million Settlement: A client suffered serious neck and back injuries after being rear-ended by a commercial box truck. The case resolved for $2.5 million.
- $1 Million Settlement: A nightclub patron slipped on a recently mopped floor that lacked warning signs. Following litigation and the discovery of surveillance footage, the case settled for $1 million.
"Insurance companies start evaluating these cases immediately. We do the same. The sooner we can preserve evidence, speak with witnesses, and identify what happened, the stronger the position we're in to pursue full compensation for our client."
— Greg Francis, Founding Partner
The Personal Injury Claim Process
Most personal injury claims begin with an investigation into how the injury occurred and who may be responsible. As medical treatment continues, evidence is gathered and damages are evaluated.
Once sufficient information has been collected, settlement negotiations typically begin. If a fair resolution cannot be reached, a lawsuit may be filed. Many cases settle before trial, while others proceed through litigation and ultimately reach a jury.
Comparative Fault in a Personal Injury Claim
Florida follows a modified comparative negligence system. Under this rule, an injured person's compensation may be reduced if they are found partially responsible for the accident.
For example, if a jury determines that a person suffered $100,000 in damages but was 20% responsible for the incident, the recovery would be reduced to $80,000.
However, Florida law generally prevents recovery when a person is found more than 50% responsible for their own injuries.
Insurance companies frequently attempt to shift blame in order to reduce what they must pay. They may argue that an injured person was distracted, failed to pay attention, ignored warnings, or otherwise contributed to the incident.
Because comparative fault can significantly affect compensation, gathering evidence early and conducting a thorough investigation are often critical parts of building a strong claim.
How Long Do You Have to File a Personal Injury Lawsuit in Oviedo?
Florida law places time limits on personal injury claims. In most cases, an injured person has two years from the date of the injury to file a lawsuit.
Several exceptions may apply depending on the circumstances. For example:
- Claims involving government entities may require special notice procedures.
- Medical malpractice cases may involve different timing rules.
- Wrongful death claims have their own filing requirements.
- Certain exceptions may apply when minors are involved.
Missing an applicable deadline can result in losing the right to pursue compensation entirely. Speaking with an attorney sooner rather than later can help preserve evidence and protect your claim.
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