Personal injuries can occur as a result of many aspects. Whether through a road accident, injury from a place of work, or even medical malpractice, Florida law allows individuals that have suffered from wrongful acts to get compensation. A person can get compensation from both emotional and physical injuries. The payment is meant to recover sums spent on medical bills, lost wages, or even for the suffering and pain they have undergone. If, through the negligence or recklessness of another, you or your loved one gets injured in Fleming Island, do not hesitate to call a Clay County Personal Injury Attorney. An experienced personal injury attorney will help you get your rightful compensation.
Types of Personal Injury Cases we Represent Clients
There are numerous ways a person can get injured under various circumstances. Here, we shall discuss different ways and instances a person can get hurt, and what the law says about the specific type of injury.
These are the highest contributors to personal injuries. In Florida, thousands are injured in cars annually. The injuries a person incurs can cost thousands of dollars in:
- Lost wages
- Medical bills
- Bills for repairing a vehicle
- Lost earning capacity
- Non-economic compensation for suffering and pain
When it is established who is responsible for the accident, he or she is also liable for the damages and injuries to the other car and people in it. Under Florida law, fault is determined by identifying the driver responsible for the accident. In cases where both drivers are responsible for the accident, an injured victim can claim compensation from the other.
It is important to note that not all accidents are a result of negligence by drivers. Defective car parts, hazardous road conditions, or malfunctions of the car can also lead to a crash. In such a case, the injured needs to hire a Fleming Island personal injury attorney. The attorney will help you sue or seek compensation from the vehicle parts manufacturers. You also need a lawyer in order to get your insurance policy cover paid in full.
Motorcycle accidents can result from hazardous road conditions, reckless drivers, or malfunctioning parts of a motorcycle. According to Florida personal injury laws, any individual that gets injured on a bike can sue for compensation from those responsible for the accident. Family members that may have lost a loved one can equally sue for wrongful death to receive compensation for the loss of their loved one.
Whether the accident was with a tractor-trailer or a semi-truck, the injured victim can sue the person responsible for financial compensation. A victim can sue either the trucking company or the truck driver for negligence that resulted in the accident. A lawsuit, in this case, will help the victim get compensation for:
- Lost wages
- Suffering and pain
- Medical bills
- Punitive damages
- Loss in future income
- Consortium loss
Even when the injured driver was partially responsible for the accident, they may still get partial compensation for the damages and injuries incurred. When you are wounded through such an accident, it is advisable to hire a Fleming Island personal injury attorney to help in seeking compensation.
When a victim files a lawsuit, they hope to seek compensatory damages for both economic and non-economic expenses. Economic damages are those that carry a monetary value that is possible to assess. They include financial costs the victim has spent and is likely to spend in the future to treat injuries or pay for damages sustained in the crash. In a trucking accident, economic compensations will include:
- Prescription drugs
- Medical costs
- Vehicle repair costs
- ER Treatment
- Lost wages
- Suffering and pain
- Medical supplies
- Spouse or partner lost consortium
- Court costs
- Medical treatment in the future
- The capacity for earnings lost
On the other hand, non-economic compensation will include:
- Lost life enjoyment
- Emotional distress
- Suffering and pain
- Disfigurement or physical disability
In the event of death, the surviving family of the victim can sue for wrongful death under Florida law. If the person responsible for the accident or injury had malicious intent to cause harm, the victim could equally sue for punitive damages as a punishment to the defendant. To fully get your entitled compensation, hiring a Fleming Island personal injury attorney is highly recommended.
A pedestrian can get injured when a bike, a vehicle, or even a dog not on leash knocks them down. With a lack of protection, a seemingly minor fall can cause severe injuries to the pedestrian. The law in Florida allows a victim of pedestrian injury to file a lawsuit against those responsible for the accident.
When a vehicle does not yield way to a pedestrian, or bikes ridden on the sidewalks, fellow pedestrians causing another to get injured, the law provides for compensation. When recklessness or negligence by another person results in injury, they become responsible to the victim. They risk being sued for lost wages, suffering, and pain as well as medical bills.
To get compensated after an accident, the victim or surviving family must prove the negligence of the driver. They must show:
- The driver owed the pedestrian a duty of care
- Through neglect or recklessness, the driver breached a duty of care to the pedestrian
- That the negligence by the driver was mostly responsible for the injuries or death of the pedestrian
In general, all drivers owe pedestrians a duty of care just as they owe it to fellow drivers and cyclists. The common cause of accidents involving pedestrians is the failure of drivers to yield to pedestrians. Under the law, pedestrians have the right of way, and drivers must yield, especially at intersections or marked crosswalks.
It is also illegal to drive on safety zones designated for pedestrians. Any driver found in violation of the law and knocks down a pedestrian is held responsible in many cases.
However, even when the pedestrian is not on the crosswalk, a driver that causes an injury will be held accountable. Additional examples where the negligence of a driver may cause pedestrian injuries may include:
- Driving through a stop sign
- Failing to yield way
- When a school bus has stopped, going round it
- Driving while texting violation
- Failing to give room to pedestrians getting into a car
- Driving under the influence of either alcohol or drugs
If you get injured as a result of an accident on the sidewalk or the street, speaking to a Fleming Island personal injury attorney is essential before you engage with the insurance providers for the driver. Let your lawyer handle the insurance company to make sure you get the rightful compensation.
Just like other motor vehicle accidents, a person can be injured while on a bus or through a collision with the bus. The causes of bus accidents are similar to those of other vehicles. Depending on the type of injury or damages, the victim can sue for compensation for costs incurred resulting from the injuries. In the event of a fatality, the victim's family can also sue for the wrongful death of their loved one.
A person can sue for damages if they suffer injuries by a healthcare professional, according to the law in Florida. Many people shy away from filing lawsuits against medical malpractice, but with an experienced personal injury lawyer, you should not be afraid.
Under the law, medical malpractice is defined as:
- An act of negligence or omission by a healthcare professional while providing professional services
- A result of the negligent act or omission, an injury occurred or death
- The services that were being provided were in the realm of the services the practitioner is licensed to provide
Under Florida law, healthcare providers that can be sued for malpractice include:
- Physical therapists
A victim of medical malpractice can sue for compensation for many areas with some including:
- Home care
- Medical bills
- Occupational as well as physical therapy
- Lost ability to earn income
- Lost income
- Suffering and pain
According to civil code 333.2, the law puts a limit of up to $250,000 for non-economic compensation with regards to medical malpractice. The non-economic damages are for losses that are hard to quantify, such as:
- Loss of a limb or an organ or loss of its use
- The loss of enjoying life
As long as a victim sues within the amount allowed, one can sue for any amount they feel suits them. To get the maximum compensation, hiring a local Fleming Island personal injury attorney is recommended.
In addition to suing for damages, a victim can also sue the defendant for punitive damages. To successfully sue for this, the victim must prove the defendant was malicious, oppressive, and fraudulent during the act.
Slip and Fall Accidents
Slip and fall are categorized under the premises liability accident laws in Florida. However, not each type of fall will result in a liability of slip and fall. It must be proven that the accident was as a result of negligence on another person’s part to get compensation.
An individual is considered negligent for a slip and fall when:
- Is aware or by practicing reasonable care need to have known
- Of a dangerous condition on a property owned by themselves and
- Neglects to repair, provide protection against or issue a warning over the situation
Some of the common causes of slip and fall include:
- Leaks from plumbing
- Missing or broken railings
- Uneven flooring
- Loose carpet
- Neglecting to rope off-sites under construction
- Broken furniture
- Naked cords and cables
- Neglecting to have signs that warn against hazards.
Who is held liable?
Individuals that owe a duty of care to protect individuals that enter into their premises are usually held responsible in case of an injury. These individuals may be owners, lessers, occupants, or caretakers of the property.
The owner or occupant is considered negligent when:
- The property’s condition is responsible for harm or poses a risk
- The occupant or owner was aware, knew about the condition or should have known about it if he or she was keen
- The owner or occupant neglected to repair or offer protection against the situation.
To successfully sue for compensation, the victim must prove that:
- The defendant is the owner or occupier of the premises and has control over it
- The defendant displayed negligence in the maintenance and use of the property
- The victim got injured when he or she slipped off and fell within the premises
- The negligence of the defendant largely resulted in the injuries sustained by the victim.
Winning your case
For a plaintiff to win a case of slip and fall, he or she must prove the fall causing injuries was due to the negligence of the defendant. Some of the evidence one should bring to court include:
- Treatment notes from the doctor
- Statements from witnesses
- Video footage if any
- Accident reconstruction expert’s testimony.
Other Compensable Injuries
Apart from the above-discussed injuries, other injuries fall under worker’s compensation. Some of these injuries include and not limited to:
- An injury-causing physical trauma – this is one of the easiest and direct compensation when a worker gets injured at work by accident and acquires physical injuries. This could be due to a fall, an accident while in a company vehicle, and a factory accident, among others.
- Illness as a result of one’s occupation – some companies deal with hazardous products or contaminants that can cause disease to a person that has been exposed to them. One can suffer from skin disease, hearing loss, migraines among others
- Physical injuries that may result in mental complications – because of the nature of work, a person can get injured and end up developing depression or anxiety. A victim can also seek compensation in the event this happens.
Finding a Personal Injury Lawyer Near Me
Injuries happen all the time. Some of these injuries can affect the rest of your life or the quality of life you lead. If you get injured under the above-discussed circumstances or your loved one does, you need to contact an experienced attorney. If this happens while at Fleming Island, hiring a Clay County Personal Injury Attorney will help you sue the person or persons responsible and get well compensated. Our team of qualified lawyers is readily available to consult with you and give you much-needed advice as they take on your case. Call us today at 904-494-8242 for a comprehensive consultation or an appointment.