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.
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.
At Schackow & Mercadante, we represent victims of all types of accidents and injuries in Ocala and throughout all of the surrounding areas.
We regularly handle the following types of personal injury cases:
- Motor vehicle accidents
- Pedestrian and bicycle accidents
- Boating accidents
- Scooter accidents
- Aviation accidents
- Slip and fall accidents
- Catastrophic injuries
- Defective drugs
- Medical negligence
- Medical product liability
- Nursing home abuse
- Swimming pool and water accidents
- Wrongful death
We also assist clients with all aspects of Florida workers’ compensation, including eligibility, filing, and appealing denied workers’ compensation claims.
No matter how complex or challenging your situation may be, our Ocala personal injury lawyers are ready to fight for you. We strive to maximize our clients’ recoveries, helping them seek full compensation for their medical expenses, lost income, pain and suffering, future care costs, and more.
Finding the right personal injury lawyer is important, but it can also feel like a daunting task. At Schackow & Mercadante, we provide our clients with highly personalized and direct attention throughout the entire legal process. We offer the care and support of a boutique law office, coupled with the experience and resources of a large, well-established firm. This combination allows us to not only provide the service our clients deserve but also fight tirelessly for the results they need.
Our personal injury team offers:
- More than 126 years of combined legal experience
- Personal attention and direct, one-on-one communication
- Assistance in finding medical care and reducing medical bills
- Counsel tailored to your unique situation
- Relentless advocacy, both in and out of the courtroom
- Free initial consultations
- Contingency fees, meaning you don’t pay unless we win your case
Most importantly, you can rely on us to be there for you throughout the entire legal process. We know that this is a difficult time in your life. We want to help you navigate the legal system so that you can begin the healing process.
“I met with Marie Banks to go over Car Accident Preparedness. She was awesome and so full of knowledge. Patient with all my questions and I left her office feeling good about the insurance I had and felt prepared if an accident were to happen. She treated me like family. Thank you! 10 out of 10 would definitely recommend.”
Personalized Advice & Concierge Level Experience
Direct Communication With Your Attorney
Over 125 Years of Combined Experience
Practicing in The Gainesville Area 55+ Years