Personal injury cases are what we mainly deal with at Clay County Personal Injury Attorney. We understand that personal injuries can be experienced anywhere, including on the roads, streets, in places of work and also at home. We aim to help the injured obtain the monetary compensation they deserve. We also aim at assisting them to pick up the pieces and move on with their lives after the injury.
Our personal injury attorneys will ensure that you are pleased with your case results. If, therefore, you are in Keystone Heights and you suffered an injury as a result of another person's fault, get in touch with us.
Understanding Florida Personal Injury Laws
A personal injury is a term that is legally used to refer to an injury to the mind, body, and emotions as opposed to property damage. If a person suffered a dog bite, a car accident, or a slip & fall, and they believe that another person is to blame, Florida laws allow them to pursue compensation. For the injured to get compensated, they must demonstrate to the court that the defendant was negligent or careless and that their conduct directly caused the injuries.
Negligence is used as the crux of most personal injury cases in the country. In the state of Florida, the court has to go back to statutes to determine what the elements of the crime are. With that, the defendant can either be considered liable or not liable to the plaintiff’s injuries. Here are the factors considered in determining a person's liability in a Florida personal injury case:
As mentioned above, this is the central concept in which most personal injury cases are based. For the defendant to be held responsible for the accident that resulted in the plaintiff's injuries, there must be proof that they committed a tort against the plaintiff. Negligence is defined as a person's failure to take proper care of something. For a person to be considered negligent, there must be proof that:
- They had a duty of care over the plaintiff
- They breached that duty
- When the duty of care was breached, the plaintiff got injured.
The court will seek to find if there is a direct connection between the defendant’s actions and the injuries the plaintiff sustained. For that reason, there must be proof of suffering.
For all this to be proven before the court, the injured must be conversant with the state’s personal injury laws. He/she must also gather enough evidence to confirm that the defendant was negligent. That is why there is a need for the services of a competent personal injury attorney.
A Keystone Heights Personal Injury Attorney will know how to go about filing a legal claim against the negligent party to help you recover compensation. He/she will know when to submit documents and the right documents to file depending on the kind of personal injury claim you are presenting.
Your attorney will also help with gathering relevant evidence to ensure that you have a strong case against the defendant. He/she will visit the scene of the accident, and talk to witnesses and record their accounts. Your attorney will also use experts to analyze the scene of the crime to determine the actual liable party.
A good Keystone Heights Personal Injury Attorney will also offer the right advice on what you should do and what you should not do. This will ensure a good outcome of your case. There is always a need to be careful about what you say so as not to jeopardize the case.
Types of Personal Injury Cases a Keystone Heights Personal Injury Attorney Can Help With
There are different types of personal injury cases handled by personal injury attorneys in Clay County. Some of these are:
- Wrongful Death
This is a civil claim that could be filed to a Florida court when a person's unlawful act or negligence results in the death of a different person. According to Section 768.19 of Florida Statutes, the estate of a deceased person is allowed to bring a civil lawsuit if their death was caused by negligence, wrongful act, and breach of agreement or default by another entity. The civil claim will be aimed at seeking a legal solution for the death and also covering the losses that could have stemmed from that death.
Florida laws only allow a personal representative of the deceased's estate to bring a lawsuit for the illegal death claim. This person could have been named in the deceased’s estate plan or will. If an estate plan or will do not exist, the court will appoint a personal representative.
The people who could recover damages from a wrongful death case in Florida are, for instance:
- The parents, children, and the spouse of the deceased
- The deceased’s blood relatives
- An adoptive sibling who was reliant on the deceased for services or support
The statute of limitations for presenting a wrongful death lawsuit in Florida is two years. Your Keystone Heights Personal Injury Attorney must act within this period to ensure that your family gets the compensation it deserves.
- Car Accidents
The state of Florida is a no-fault state when it comes to personal injuries sustained from a car crash. What this means is that in the event you get into a car accident, everyone involved will turn to their insurance provider to cover any damages incurred. The law does not allow anyone to sue another driver, even if the other driver was 100% at fault.
Anyone hurt in a car accident in Florida will turn to their car insurance provider. These include the driver, passengers, and pedestrians. The state requires every driver to have a personal injury protection policy of at least $10,000. The money will be enough to protect drivers if they get into small accidents.
However, if the medical costs and other damages outweigh your insurance coverage limit, you will be expected to pay out of your pocket. You could turn to a medical insurer, or pursue a lawsuit if another person was negligent.
- Truck Accidents
Truck accidents are common in Florida and are among the leading causes of serious personal injuries in the state. There are various types of truck accidents, including runaway trick, jackknife, rollover, override, underride, and cargo spills. The results of any truck accidents could be devastating and life-changing.
There are many causes of truck accidents in the state. A competent Keystone Heights Personal Injury Attorney will be able to find out the actual cause of your accident to determine the liable party. This way, pursuing compensation in a Florida court will be easy.
Some of the compensable damages you can pursue if you got involved in a truck accident include:
- Medical expenses
- An estimation of future medical costs
- Lost wages
- Loss of future earning ability
- Pain and suffering
- Permanent disfigurement or disability
- Pedestrian Accident
Most pedestrian accidents in Florida happen as a result of the reckless and careless conduct of motorists. When they occur, victims are left to deal with significant injuries. With that, their lives could change for good, and they might be left paying hefty medical bills for a long time in their lives. It gets worse if the injured gets laid up, and they are unable to return to work. This makes it even harder for them to pay for their medical expenses and take care of their families.
That is why injured pedestrians should pursue compensation in Florida. The law makes this possible as long as the wounded can determine the responsible party. The injured are compensated through the insurance provider of the negligent party. Through the comparative negligence law, an injured pedestrian can pursue compensation even if they are partly responsible for the accident.
- Bus Accident
Bus accidents are also capable of affecting the physical, emotional, and mental wellbeing of the injured. For that reason, the injured will be left with a substantial financial burden by the unanticipated medical bills. Just like in other personal injury cases in the state, state laws allow the injured to pursue compensation if the accident was as a result of another person’s negligence.
A good Keystone Heights Personal Injury Attorney will ensure that you get the right medical attention first thing after the accident. Getting immediate help will also ensure that your condition does not worsen. It will also help your case and ensure that you get the compensation you deserve.
The liable party's insurance provider will try to put a lot of obstacles in your way. If they succeed, you may not recover any compensation, or you may be given less than you truly deserve. A competent attorney will know what to do to ensure that this does not happen.
- Motorcycle Accident
Motorcycle accidents can also be very devastating, leaving you to pay substantial medical bills and missing time from work during your recovery. Some of the consequences of these accidents will be with you for the rest of your life. It is essential to know the steps you should take immediately after your accident.
With a reasonable personal injury attorney by your side, you should get proper medical attention immediately after the accident. Your attorney will find out the cause of the crash. It will help him/her establish liability. With the relevant documents at hand, you will be able to pursue compensation in a Florida court.
- Medical Malpractice
Medical malpractices can take different forms, including:
- Misdiagnosis or delayed diagnosis
- Failure to treat
- Surgical errors
- Medicals product liability
- Birth injury
All these and many more injuries associated with medical malpractice and preventable and could cause great grief to the affected person and his/her family. It is essential to give your attorney a detailed account of what transpired so that he/she can determine how to proceed with the case.
The statute of limitations for most personal injury lawsuits in Florida is four years. However, in the case of medical malpractice, the plaintiff has only two years within which they should file a legal claim against the liable party.
Types of Compensable Damages in a Florida Personal Injury Claim
Understanding compensable damages in a personal injury claim in Florida is essential for the plaintiff to estimate the amount of compensation they will state in the complaint. Many things will be considered, including the extent of damage and what the injured has lost to the accident. The most common compensable injuries will be:
- Current and future medical expenses
- Estimated costs for future care
- Lost wages for the time the injured will be out of work
- Future loss of earnings ability
- Suffering and pain
- Disfigurement or permanent disability
- Wrongful death
The damages could be extensive. For that reason, there is a need to work with an experienced Keystone Heights Personal Injury Attorney. He/she will know what to consider and how to arrive at the final figure. He/she will also know how to convince the court why you deserve that much in compensation.
How to Pursue Compensation for a Personal Injury in Florida
The first step to take is to find you an excellent personal injury attorney. You want to work with an attorney that is experienced, well-skilled, available, and easy to work with. An attorney with your best interest in mind will ensure that your rights are protected throughout the legal process.
The second step is to seek medical attention. As mentioned above, a doctor needs to document your condition and the best treatment plan for that condition. Trying to find compensation without a medical report will work against your case in court.
After that, you will start gathering evidence with the help of your attorney. Evidence could be in the form of documents, expert reports, recorded or signed witness accounts, and anything else that might help your case.
With the evidence in place, your attorney should be able to file a claim in a civil court by the provided deadline.
Find a Keystone Heights Personal Injury Lawyer Near Me
Personal injuries are quite common, and so, it is essential to know what to do if you suffer an injury. Florida laws allow the injured party to seek compensation as long as they can prove liability. For that reason, you need the best legal help you can get. At Clay County Personal Injury Attorney, we have a great team of experienced personal injury attorneys in place. We will take up your case and protect your rights if you are in Keystone Heights, Florida. Call us at 904-494-8242 today.