Personal injury is the legal term that describes damage to your body, emotions, or mind, as opposed to damage to your property. It commonly refers to a kind of tort case that you bring after suffering harm to your body or mind. In most personal injury lawsuits, negligence is the underlying factor. Therefore, Florida’s injury law seeks to compensate you for injuries you sustain due to another person’s negligence.
Pursuing a personal injury case is challenging. You need to have an attorney who is well versed in personal injury law. For years, Clay County Personal Injury Attorney has been helping accident victims in Lakeside to receive compensation for their injuries. We uphold your best interests, advise you on your rights, and level the ground for you to obtain the best settlement possible.
Types of Compensable Injuries
A compensable injury is any harm that you suffer due to an accident, and which monetary compensation can remedy. Sometimes it is easy to quantify the trauma, but it can also be challenging in other situations. The amount of payment, also known as damages, depends on the nature of the suffering. Courts award damages to cover injuries or losses that you incur as a result of an accident. Florida law does not limit the amount you can seek in a personal injury lawsuit.
After an accident, you may receive compensation for:
Also known as special compensatory damages, they equate to actual dollar amounts. They reimburse you for the money you directly lost due to the accident and cover expenses relating to your injuries. Economic damages include:
- Reasonable and necessary past, current and anticipated medical care
- Home healthcare, medical equipment, and rehabilitation costs
- Loss of current and future earnings
- Property damage
- Cost of car rentals and other household services arising from your injuries
Also known as general compensatory damages, they do not equate to a specific dollar amount. They are subjective, and assigning them monetary value is challenging because they focus on suffering. They include:
- Pain and suffering (physical, mental, and emotional)
- Loss of enjoyment of life
- Physical impairment or disfigurement
- Loss of companionship or consortium
This is a type of reimbursement that seeks to punish the defendant. Most lawsuits do not attempt to recover punitive damages because they do not compensate you for any losses. You only receive such payments if the defendant's behavior is intentional, reckless, or outrageously negligent. Punitive damages include harm due to:
- Medical malpractice
- Defective products
- Health risks associated with prescription drugs
A Lakeside Personal Injury Attorney can help you seek compensation for harm arising from any of the following incidents:
A lawsuit for wrongful death is a non-criminal action against a person or entity that is responsible for causing another person’s death. Either a surviving family member or the estate of the deceased can bring the case. A case qualifies as wrongful death only if the dead succumbs to negligence or intentional actions of a person or entity.
Most wrongful death cases come up right after criminal trials and use similar evidence, but the standard of proof is lower. A person who is guilty of wrongful death does not necessarily have to be guilty of a crime related to that death. Awards from these lawsuits belong to the decedent’s estate, and sharing among other parties is according to directions in the decedent’s will.
Wrongful death claims arise from a range of situations such as:
- Airplane or automobile accidents
- Medical malpractice
- Occupational exposure to dangerous substances or conditions
- Criminal actions
- Death in organized or supervised activities
While compensation cannot bring back a loved one, it can help alleviate financial strain. In a claim of wrongful death, damages recoverable include:
- Medical bills
- Funeral expenses
- Loss of income
- Mental anguish
- Loss of benefits
- Loss of companionship
- Loss of prospect of inheritance
Where death arises from malicious, reckless, or intentional conduct, you may receive punitive damages. These damages are a form of punishment for the wrongdoer and a deterrent to others from similar behavior.
Negligence is the primary cause of car accidents. A licensed driver should drive with reasonable care, drive safely, observe traffic laws, and respect other drivers’ rights. A driver is negligent if they do not exercise a moderate level of caution while operating the vehicle. This negligence could either be failing to do something such as failure to stop at a stop sign. It could also be by doing something that violates the law, such as speeding. Examples of negligence include intoxicated and reckless driving and texting while driving.
If your car or the defendant’s car has a defect that causes the accident, you may file your claim against the vehicle or parts manufacturer. The most common defective parts are running boards, brakes, ignition switches, and aftermarket spare parts. If your car had structural defects, the manufacturer could be liable for your injuries regardless of the person at fault. However, car accidents sometimes occur due to factors beyond the driver’s control, such as damaged roads, obstructed or missing road signs, or heavy rain.
You are entitled to receive economic and non-economic compensation provided that another person is responsible for your injuries. Some physical injuries that occur due to car accidents and for which you can claim compensation include:
- Head injuries
- Spinal cord injuries
- Loss of limbs
- Bone, neck, back, joint and muscle injuries
- Permanent disability
When a truck crashes into a vehicle, a pedestrian, or a cyclist, the sheer force of its weight causes severe damage and injuries. These injuries may require extensive recovery periods and cost considerable amounts in medical care. They may also lead to loss of wages if you cannot return to work before you recover fully.
Drivers account for the most significant percentage of truck accidents through:
- Distracted driving
- Failure to observe traffic signs
- Texting while driving
- Failure to observe federal law
Additionally, cargo companies, motor carriers, or employee leasing companies who hire drivers may also be liable for truck accidents. Cargo companies may contribute to crashes when they do not load goods properly. Motor carriers should fit trucks with safety devices and proper truck maintenance. Often, truck driver employment files contain errors that hiring companies fail to vet correctly, driving safety violations, and unrevealed criminal records.
Truck accident lawsuits are often elaborate because of the multiple defendants and insurance companies involved. Your Lakeside Personal Injury Attorney will obtain details and reports of your accident. They will also get your medical records, the driver’s records, and all relevant information to help move your claim in your favor. We can claim compensation for injuries such as:
- Broken bones
- Spine injuries
- Traumatic brain injuries
Every year, careless drivers cause collisions with pedestrians. Despite the advancement in road infrastructure and vehicle technology, accidents still occur. It is evident that when such accidents happen, the pedestrian suffers most or all the injuries. If you are the victim, you must endure life-altering injuries, lost wages, and high medical costs.
While most accidents are due to driver carelessness, sometimes, the road, sidewalk, or parking lot conditions cause the accident. In such cases, the entity responsible for maintenance may be accountable. Florida laws protect you as a pedestrian victim, but it is your responsibility to pursue damages.
Florida also has a contributory fault system, where depending on the circumstances surrounding the accident, you could be liable for your accident. Therefore, your proportion of fault may reduce your compensation. The defense insurers and lawyers may attempt to apportion you the blame and intimidate you into dropping your claim. However, your attorney can help you fight for what you deserve under the law. You may be entitled to compensation for injuries such as:
- Broken bones
- Road rash
- Traumatic brain injury
- Internal injuries
- Dental or facial injuries
Your attorney can use any of the following avenues to collect damages.
- Bodily injury coverage of the at-fault driver
- A claim for underinsured or uninsured motorist
- Personal injury protection benefits
Collisions between buses and small cars often end badly for the small car occupants. If you get into a bus accident, you may be fortunate to escape with your life. You are also vulnerable as a bus passenger. Rarely do buses have seatbelts. Collisions may cause you to be thrown around in the cabin. You may end up in an emergency room even for a minor accident. You expect a full recovery, but sometimes you may suffer permanent injuries.
Whether you are involved in a bus accident as a bus passenger, a driver in your car, or a pedestrian, Florida laws grant you the right to compensation for your losses. In your bus accident lawsuit, you can claim compensation for the medical costs you incur while treating your injuries, including future medical expenses. However, you can file a comprehensive claim to demand compensation for mental anguish and economic losses.
Multiple parties may be responsible for the accident. You may find it confusing to decide on the best course of action after the crash. During your recovery, you do not have to deal with any insurance company. Having a Lakeside Personal Injury Attorney means that someone is working tirelessly on your behalf. The lawyer will determine the full value of your claim and demand the maximum compensation you deserve.
You may think of motorcycle accidents as a result of sharp corners or loss of control on a rainy day. However, passenger cars are responsible for the majority of motorcycle accidents. The drivers can be distracted, using devices, turning or changing lanes without using signals. Generally, most drivers do not check for motorcyclists on the road.
When your motorcycle collides with a vehicle, the weight difference, and limited protection that you have can cause life-threatening injuries. You also have to stay alert for other injuries that may show later. Fortunately, you can file your claim up to four years after the accident. You can claim for medical expenses, property damage, current and anticipated wage loss, and mental anguish. Although it is not a common practice, you can seek punitive damages if the accident resulted in wrongful death or permanent injuries.
Defendants’ insurance companies will often try to blame you for your injuries. They will avoid taking responsibility for their client’s negligent behavior in a bid to minimize or deny your claim. Florida's personal injury laws protect you from paying for the mistakes of negligent drivers. Our role as your attorneys is to fight the tricks by insurance companies and recover the damages they owe you.
While people in all professions make mistakes, mistakes by healthcare providers can be tragic. Florida has excellent healthcare services, but errors occur. Medical malpractice arises when a medical provider violates generally accepted care standards and causes injuries to you. Compromising your health and safety due to negligence or human error can cause permanent damage. It may be in the form of a negligent action that a medical practitioner takes or something they fail to do. Demanding schedules, heavy patient loads, and containment incentives from insurance companies contribute to these mistakes.
Whether due to negligence or by mistake, you deserve justice for your injuries. Therefore, medical malpractice laws allow you to hold medical providers accountable for their behavior and receive compensation for the harm that you suffer. The complexity of these laws requires that an experienced Lakeside Personal Injury Attorney helps you through the claim process. Although the lawsuit cannot reverse the damage, it can lessen the resulting financial burden.
Your medical malpractice lawsuit can be against any healthcare provider or facility that acts against the accepted standards of care. These facilities and providers include dentists and nursing homes. You can file a lawsuit for professional mistakes such as:
- Anesthesia mistakes
- Surgical errors
- Medication inaccuracies
- Injury or infection during hospitalization
- Child-birth related mistakes
If you win your case, you may receive non-economic damages to cover pain and suffering, and compensatory damages for healthcare costs and lost wages. Punitive damage awards are rare, but you may get them if the defendant’s actions were intentional or particularly reckless. These damages punish the at-fault party for excessive negligence or if the court finds that compensatory damages are too light to be the only consequence.
Consult a Lakeside Personal Injury Attorney Near Me
Receiving an injury due to another person’s negligent behavior can severely traumatize you physically and mentally. It can also destabilize and threaten your financial future. While it is impossible to quantify pain and lost time in dollar amounts, monetary compensation for your injury can alleviate your suffering. If you or a loved one suffers injuries in Lakeside, you can contact the Clay County Personal Injury Attorney at 904-494-8242. We will work aggressively to fight for your rights and get you the highest possible compensation.