Several instances can lead to an accident. These situations can lead to a devastating financial and emotional impact on the victims and their close relatives. That’s why it is crucial to hire an attorney to ensure that you get the right compensation. Our Clay County Personal Injury Attorney in Crescent City is ready to help you get the right legal services in your personal injury lawsuit case.
Common Accidents in Florida
There are several types of accidents that one can incur. These accidents can lead to both mild and severe injuries depending on the nature of the accident. Let’s have a closer look at these types of accidents and different aspects of them.
1. Car Accidents
Florida records one of the highest numbers of car accidents in the United States. Most car accidents result from reckless driving, DUI, and distracted driving. Particular laws govern how compensation in a car accident should be done. Our Crescent City personal injury attorney is well-versed with these laws and will help you get through them accordingly.
Comparative Negligence in Florida Car Accidents
Florida is one of the many states that follow the comparative negligence rule in personal injury lawsuits. In this rule, the amount of damages awarded depends on the percentage of responsibility of every party. For instance, if you had a 10% liability to a car accident, you are only eligible for a 90% eligibility, which is the percentage of responsibility that the other party or parties.
The No-Fault Insurance Law in Florida
Under this law, the injured driver is expected to turn to his or her insurance company to be compensated for the lost income, medical bills, and any other costs incurred as a result of the accident. This should be considered regardless of whoever is responsible or liable for the accident. However, one can proceed into filing a lawsuit if the compensation is way too low than expected.
2. Truck Accidents
Truck accidents are quite complicated and fatal compared to car accidents. The severity of injuries that result from such accidents results from the heavyweights that trucks have. There are a couple of aspects that follow after a truck accident. Some of these aspects are as follows.
Determining Liability after a Truck Accident
It can be complicated to determine liability after a truck accident. There are a lot of people who can be considered liable for such a crash. This includes the driver, the trucking company, maintenance company, and the state. Your Crescent City personal injury attorney will take a look at the following to determine who’s liable for the accident.
- Witness statement
- Police report
- The truck’s black box
- Traffic footage
Once the attorney has established who’s liable for the accident, he or she will proceed into filing the case to the court.
3. Pedestrian Accidents
Florida has recorded the highest number of pedestrian accidents, making it the worst state when it comes to pedestrian safety. Pedestrian accidents occur as a result of negligence, distracted driving, DUI, and the high number of pedestrians within different Floridian cities. The most common law related to pedestrians is the right of way.
Florida Right of Way Laws
Under Florida’s pedestrian laws, walkers are expected to observe any traffic control device unless instructed otherwise by a police official. The devices include pavement striping, signals, and traffic signs.
Also, if there is a sidewalk available for use, pedestrians should avoid using the roadway. If there is no sidewalk available, they should use the shoulder that is available on the left side of the road that is facing the traffic. There are other rules related to the crossing of roads such as:
- Restraining from leaving the curb until the traffic signal signals you to do so
- Restraining from yielding fro the vehicles that have the right-of-way
- Cross at a right angle or through the shortest route
- Restrain from crossing between two adjacent intersections, unless they are marked crosswalks
- To maintain the right half of a crosswalk
Failing to observe any of the above- stated rules might lead to an accident. That’s why it is essential to consider them whenever possible.
Faults in Florida Pedestrian Accidents
Florida considers the pure comparative negligence rule in pedestrian accidents. Therefore, if you had a 99% responsibility for the accident, you can still claim the 1% damages from the other party. However, with our professional Crescent City personal injury attorney, you can contest for a higher claim based on the argument presented to the court.
4. Bus Accidents
Bus accidents are also common in Florida. They also claim severe injuries to their occupants, especially in severe accidents. Claiming compensation after a bus accident can be complicated since there are a lot of people involved in the process.
No-Fault System in Florida Bus Accidents Liability
Florida uses the no-fault system in bus accidents. This means that the claimants should first submit their claims to their insurance company. However, if the expenses are way above their policies, they should pursue a compensation claim through a lawsuit. The claim can be made against parties such as the bus driver, government municipalities, bus company, or the bus manufacturer.
Please note, the time limit for claiming compensation is usually narrow while filing against the state. Therefore, it is recommended that you start filing the lawsuit as soon as possible. Also, drivers who are involved in the accident are eligible for compensation. However, the comparative negligence rules apply since they might also have played a part in causing the bus accident.
5. Motorcycle Accidents
Motorcycles also have their share when it comes to road accidents. Florida is also recorded to have the highest number of motorcycle accidents in the nation. The common causes of motorcycle accidents include speeding, distracted driving, and failing to observe traffic rules. Motorcycle accidents usually lead to catastrophic injuries since motorcyclists do not have enough cover while riding.
Determining Fault in Motorcycle Accidents
The primary aspect that you need to consider in a motorcycle accident would be establishing negligence or failure to comply with traffic rules. In most cases, you can determine the fault of another party if you check on the following aspects:
- Confirm that the other driver failed to stop at a traffic signal
- Prove that the other driver was speeding
- Prove that there were proper marks on the road
- Confirm that the motorcycle incurred some malfunctioning as a result of manufacturer’s errors
- Prove that the other driver was under the influence of alcohol
- Prove that the other driver involved in the accident was speeding
It is vital to get traffic reports and other evidence that can support your claims if you want your case to proceed and get fair compensation. This can be achieved through various elements such as police reports, witness information, and traffic footage.
Calculating Damages After a Florida Motorcycle Accident
Two common types of damages apply after a motorcycle accident. This involves economic types, which can be precisely calculated. It also includes the non-economic ones, which are quite hard to calculate.
It is quite easy to compute economic damages since it involves elements such as medical bills and costs to repair the motorcycle, which requires simple mathematics. However, non-economic damages are quite complicated and might require the intervention of a skilled economic expert. Some of the aspects that the financial expert might employ in determining your expenses include your statistical life expectancy and the severity of the accident.
Less actual damages such as pain and suffering are left under the jury’s responsibility to decide how much you deserve to be compensated. However, your Crescent City personal injury attorney should bring a compelling argument to influence the members of the jury on your right to get high compensation following your pain and suffering.
6. Medical Malpractice
The carelessness of a doctor or any other medical practitioner can lead to severe injuries and damages. Filing a medical malpractice lawsuit is quite complicated based on the type of considerations that one has to make. Here are a few aspects that one has to learn.
Causes of Medical Malpractice
There are a few aspects that cause medical malpractice in Florida. These aspects are as follows:
- Delayed or misdiagnosed diagnosis
- Childbirth injuries
- Surgical errors
- Anesthesia errors
- Medication errors
- Failure to obtain consent
- Healthcare fatigue
Elements of a Medical Malpractice Claim
When you are pursuing compensation after medical malpractice, you need to prove a couple of facts, which are referred to as the elements of the crime. These elements include:
- Show that there was a breach of the standard of care which the medical practitioner owes to you
- Prove that the medical practitioner’s violation of the standard of care was the proximate cause of your injuries
- Prove that you suffered damages as a result of the injuries sustained from the medical practitioner’s breach of the standard of care
Please note, claimants have two years to file a case in court after medical malpractice. If one fails to observe this timeline, the court might bar you from pursuing compensation unless otherwise.
Types of Compensable Injuries
Common injuries in personal injury lawsuits differ according to the kind of accident that one incurs. The injuries that victims sustain in vehicle-related accidents are usually common. However, in medical malpractice, the nature of injuries sustained from such an accident might differ. Here is a list of all common injuries that result from vehicle-related accidents.
- Neck injuries
- Traumatic brain injuries
- Back injuries
- Spinal cord injuries
- Scarring and disfigurement
- Damages of the internal organs
- Emotional injuries
The kind of injuries that result from medical malpractice are as follows:
- Internal organs damage
- Brain injuries
Death is also considered as part of the injuries that result from an accident. However, they are considered as wrongful death while pursuing compensation.
Wrongful Death in a Florida Personal Injury Lawsuit
Under Florida statutes section 768.19, any death that results from wrongful death, breach of contract or default is eligible for compensation. There are a couple of factors that are associated with wrongful death claims in Florida. Let’s have a look at these factors.
Eligibility in a Wrongful Death Claim
Florida laws require someone whose closest to the deceased person to be eligible to file a wrongful death claim. There can also be a personal representative named on behalf of the deceased estate, which should be appointed by the court. This usually occurs when there are a lot of survivors who have an interest in the case.
Family members also have the right to a wrongful death claim. Members who are eligible for the claim are the deceased person’s:
- Any other blood or adoptive relative who was partially or wholly dependent on the deceased person services or support
Under Florida law, wrongful death claimants have two years to file it in court. If one fails to observe this timeline, the court might decide to dismiss the case.
Recoverable Damages in Florida’s Wrongful Death Lawsuits
The guidelines for awarding damages after a Florida wrongful death lawsuit are indicated in the Florida Statutes 768.21. Two types of damages can be recovered in this kind of lawsuit. This includes damages that can be recovered by family members and those that can be recovered by the deceased person’s estate. Family members can recover the following:
- The value of support from the deceased person
- Mental and emotional pain that resulted from the loss of a loved one
- Medical or funeral expenses that have been incurred after the death of the deceased person
- Loss of consortium
On the other hand, the deceased estate can recover the following damages:
- Lost wages, benefits and any other earning that the deceased person could have earned
- Loss of a projected net accumulation of the estate
- Medical and funeral expenses that were catered for by the estate
Find a Crescent City Personal Injury Attorney Near Me
It is hard to handle a personal injury lawsuit and expect to get fair compensation all by yourself. It is always advisable to seek professional legal intervention to have everything handled accordingly. There are quite a lot of personal injury attorneys to choose from, but only a few can manage to offer their services as per your expectations. If you are in Crescent City, Fl, Clay County Personal Injury Attorney can help you get through your case. Contact us today at 904-494-8242 and talk to one of our attorneys.