Every day, residents of Bardin get into accidents that may not be their fault. When this happens, most of these victims are left stranded because they don’t know what to do and end up bearing the burden of the injuries, damages, and losses alone. What the victims fail to understand is that they can hold the at-fault party responsible for their injuries and claim compensation. The ideal person to help them through the process of claiming for damages is a skilled personal injury attorney. If you are in this situation, reach out to Clay County Personal Injury Attorney law firm. Our attorneys have a deep understanding of the Florida personal injury law and will fight for you throughout your case to ensure you get fair compensation. This article focuses on the various situations that warrant the bringing of a personal injury case.
Wrongful Death
A wrongful death lawsuit refers to a civil suit that a person may file when the wrongful or negligent acts of one individual result in the demise of another party. Florida statutes state that when the death of a person is as a result of the wrongful acts, default, breaching of contract or negligence of another party or an entity, the deceased victim’s estate can file a civil suit in court. The purpose of the lawsuit is to seek legal compensation for the death plus the losses arising from it.
Not everyone can bring a wrongful death lawsuit in Bardin. The law dictates that the person to bring this kind of lawsuit should be the personal representative of the dead victim’s estate. The representative can be named in the deceased’s estate plan or will. If there’s no estate plan or will, the court appoints the representative.
Even though it’s the personal representative that files the claim, he/she brings it on behalf of the dead victim’s surviving members of the family and the estate. In the claim, the representative has to list any survivor that has an interest in the case. Members of the family that may receive compensation in a wrongful death claim in Bardin include:
- The dead’s children, spouse, and parents
- Any adoptive sibling or blood relative who wholly or partially depends on the dead for services or support
In case a minor is born to unmarried parents, the child may recover compensation in a wrongful death claim if his/her mother passes away. But, if the father dies, the minor will recover damages only if that father had officially recognized him/her as his and had the duty of contributing to the child’s support.
The statute of limitations for filing a wrongful death claim in Bardin is two years from the date the death occurred. The timeframe may be postponed or tolled under specific circumstances. A Bardin Personal Injury Attorney with experience in handling cases of wrongful death can assist you in determining precisely when your statute of limitations expires in your case lest you lose the right to file your suit.
Car Accidents
The first and primary aspect to note is that the State of Florida is among the few states that follow the ‘no-fault’ car accident and insurance compensation laws. By this, it implies that if you get into a crash in Bardin, you will need to file the compensation lawsuit with your insurance under (PIP) personal injury protection coverage if the collision caused any injuries.
But, if your injuries prove to be severe and permanent, you could claim damages from the other motorist, and if need be, sue him/her. Additionally, if you are claiming damages for your auto or any other property, the “no-fault” law doesn’t apply, in which case you will seek compensation from the other motorist’s insurance provider.
In determining liability, the pure comparative negligence law is used. Should your case proceed to trial in court, the jury or judge will compare guilt. That is, they will calculate the percentages of responsibility for every driver and lower damage awards appropriately. For instance, if you suffer damages worth $1,000 after an accident but were 40% to blame for the crash, your compensation amount will be reduced by 40%. This means you will get $600.
No-fault compensation and insurance laws make claims in Bardin tricky since it requires you to deal with your insurance first for minor injuries and also claim compensation for damage to property from the insurance of the other motorist. But, how do you determine whether your injury is severe enough not to be covered by PIP laws? A lawyer can help you answer this question. Thus, reach out to a skilled Bardin Personal Injury Attorney as soon as you get involved in a car accident.
Truck Accidents
Standard collisions are bad enough when they happen on their own. However, when these crashes involve trucks, the resulting damage could be more overwhelming. Truck-related crashes can inflict severe injuries, total vehicles, or even cause death. Surviving victims of truck accidents are usually left with mental and physical disabilities from which it may be difficult to recover. Even if one recovers fully, he/she will have missed going to work for the entire recovery period, which makes it tricky to cover their medical expenses and living cost.
Remember that your aim is protecting yourself from the losses you incurred due to the crash, and to claim compensation that will make you and your family whole again. This, you will achieve by filing a compensation claim.
It’s always ideal to talk to a Bardin Personal Injury Attorney before contacting your insurance provider. The main reason for doing this is that you could be requested to make a sworn statement about the collision and unintentionally agree that you are to blame, which may not be the case. For example, you may acknowledge committing a traffic offense that you didn’t know about, which had nothing to do with the collision.
An expert truck accident attorney can accompany you to the meetings with your insurance company and intervene if they don’t agree with a need or question to clarify a response you have given.
Pedestrian Accidents
No one expects to be knocked over by a vehicle when they go out for a walk. However, this frequently happens. In Bardin, pedestrian crashes occur mostly at night due to reduced visibility and the fact that it is a city. However, these collisions don’t happen mostly at intersections, as many people assume. They usually take place on crosswalks, sidewalks, and the roadside. The resulting injuries can be severe and even fatal.
To try and avoid these accidents, you must first understand your rights when using the road as a walker. According to Florida pedestrian laws, pedestrians have to obey any formal traffic control devices unless a police officer directs them otherwise. A traffic device includes pavement striping and traffic signals or signs.
Also, in case a walkway is readily provided, a pedestrian shouldn’t use the road. However, if sidewalks aren’t available or if they’re under construction, a pedestrian should walk on the road but ensure they keep left on the shoulder of the roadway so that they face traffic.
A pedestrian may obey all the rules of walking on or crossing the road but still get hit by a vehicle. This mostly happens because the driver of the auto was acting negligently. If you’re a walker that has been hit by a negligent driver and have sustained injuries, talk to a Bardin Personal Injury Attorney as soon as possible.
Medical Malpractice
There are several ways in which medical malpractice can be committed in Bardin. However, it’s critical to note that just because a nurse or doctor commits a mistake doesn’t mean they’re responsible for malpractice. The lawful standard that should be met is proving that a breach of duty of care took place.
Under Florida law, here are the different scenarios that can warrant medical malpractice:
- Improper anesthesia administration
- Avoidable injuries that happen while a patient is admitted in hospital
- Delayed diagnosis or misdiagnosis
If you or the person you love is severely harmed due to the carelessness or negligence of a physician, nurse, or any other medical professional in Bardin, you should speak to a skilled medical practice attorney. This is because present alterations to medical malpractice statutes have put the injured victims in a fix. Should you try to deal with a prominent malpractice insurance attorney by yourself, you may end up having your valid malpractice claim dismissed on a technicality.
Bus Accidents
Just like in car accidents, injured passengers in a bus crash have first to file a personal injury claim with their insurance companies. But, if their costs of damages are more than what their policy covers, then they may bring a compensation claim against one or more of the following parties:
- The bus motorist
- The government municipality (if it was a public transport accident)
The Bus Company
Bringing a lawsuit against a company or government entity is quite challenging. This is because, for one, the statute of limitations to claim compensation against a government entity is usually shorter compared to ordinary injury claims against any other party. Another reason is companies, and government entities have many skilled lawyers representing them, which means you may not stand a chance to win your case if you don’t have your attorney. These claims could be necessary for victims who sustained slight injuries. For severe injuries that lead to substantial damages for lost wages, medical expenses, and pain and suffering, filing a lawsuit is the ideal option.
As much as car and bus accidents are similar in various aspects under the law, they differ in a few ways. For starters, bus accident claims are quite complicated compared to car crashes since there are usually numerous passengers that may be bringing claims simultaneously. Also, there could be several vehicles involved. Additionally, the motorist may not be the only party to blame for the collision. This means that the transportation system or company could be responsible for the substantial claims of many victims.
The law permits injured persons to bring lawsuits against all the responsible parties in case the injuries cause damages beyond what their PIP insurance can cover. This implies that other motorists can be sued for financial damages too. The requirements to file claims may be complicated since the injury has to qualify as severe enough to justify further damage requests. Generally, it will take an expert Bardin Personal Injury Attorney to argue the lawsuits in court.
Motorcycle Accidents
Motorcyclists are required to obey the same rules of the road as are motorists of other autos. This means they are guided by similar traffic laws, though it also implies that they have the whole lane to themselves, which several car drivers ignore.
What it does not mean is that the motorcyclists can weave between or split traffic lanes if the way gets blocked with cars. The state of Florida requires that motorcyclists take a basic rider course and also to obtain a valid license or have an endorsement added to their driver’s license.
When it comes to insurance coverage, note that PIP insurance is only needed for four-wheeled automobiles. Therefore, if a motorcycle rider gets involved in a crash, the duty of care is similar to any other case of negligence. By this, it means that the collision was as a result of someone else’s careless acts, and the victim has to prove that:
- The defendant owed him/her a duty of care
- The defendant breached the duty
- The breach led to his/her (victim’s) injuries
- The injuries he/she suffered made him/her incur damages
Types of Compensable Injuries
Generally, there are various common forms of injuries a person can sustain if involved in an accident, be it a car, truck, bus, motorcycle, or pedestrian collision. These injuries include:
- Head and brain injuries - These may include concussions, internal bleeding, traumatic brain injuries, lacerations, or skull fractures that require you to undergo plastic surgery.
- Burn injuries- These mostly occur when you are involved in vehicle accidents. Burns may range from minor to fatal. Severe burns may require one to undergo skin grafting and may lead to scarring.
- Neck and back injuries - These injuries may include herniated discs, whiplash, spinal cord damage, strains, or sprains.
- Soft tissue injuries - When tendons, ligaments, or muscles are torn or stretched, in a crash, the pain could be significant and long-lasting.
- Broken bones - A broken bone injury can be exceedingly painful, may require a surgical procedure to fix, and may take longer to heal.
- Spinal cord injuries - When the spine is damaged, and depending on how severe that injury is, you may experience a loss of sensation or movement in your lower extremities.
Contact a Personal Injury Attorney Near Me
Many personal injury cases differ from one another, depending on the surrounding factors. For instance, how you would handle a car accident injury claim is not similar to how you would a pedestrian or motorcycle accident claim. Generally, these cases can be challenging to handle on your own. You need the help of an experienced personal injury attorney who can help you negotiate with insurance companies for fair compensation. If you are in Bardin, reach out to Clay County Personal Injury Attorney law firm at 904-494-8242 for excellent legal representation.
