The average citizen is likely to face at least one major accident in his or her lifetime. Although these statistics are not always relevant, it is important to be aware of the claims and negligent means which lead to the occurrence of an accident. This is because you or your loved one may end up in this type of situation, and sustain serious personal injuries. These kinds of injuries affect the accident victim’s body, leaving temporary or permanent scars that may affect the accident’s life. While the injuries may be catastrophic and may even result in fatalities, you are entitled to seek compensation for the harm and damage you endure.
At the Clay County Personal Injury Attorney, we analyze and come up with the best possible claims for each injury case our clients bring forward. Our Palatka Personal Injury Attorneys are experts in giving legal advice and legal representation as well in a court hearing. We have settled numerous claims in the past, giving our clients the best legal experience they can receive while fighting for their compensation.
Some of the accidents we help aggrieved persons to recover from are:
1. Medical Malpractice
As the name suggests, this kind of claim involves malpractice among professionals in the medical field. As trained personnel, these medical officers should uphold the best possible standard of care when handling their patients. Thus, they cannot afford to make negligent mistakes in their line of work because they handle delicate cases that involve the patient’s survival chance. One of the binding principles that should govern doctors in exercising their duties is the Hippocratic oath that they take when joining the profession.
The oath binds them to do their best and prevent malpractices like making wrongful diagnosis, issuing a wrong course of treatment or causing unnecessary birth complications for OB-GYNs who conduct operations negligently. In extreme cases, medical malpractice may lead to fatalities, especially where errors in surgery prevail. Despite doctors being in the spotlight for most incidents related to malpractice, other professionals like nurses and lab technicians can still face charges if they undertake any negligent operations.
As an aggrieved patient, you can sue such practitioners for the injuries you are likely to sustain. For example, if a surgeon amputates the wrong limb, it will cause permanent disfigurement to your body. You, therefore, have the right to seek compensation for the harm and suffering such operation causes. Your Palatka Personal Injury Attorney will prepare a report that stipulates the specific injuries and losses caused by the malpractice.
2. Wrongful Death
Most accidents and injuries bring about fatalities, especially where they affect vital body organs. A wrongful death may occur because of motor accidents, negligent medical malpractice or work-related injuries. Regardless of the causative event, the loved ones who survive the accident victim have possible claims to bring forth. These claimants include the spouses, children, grandchildren, and stepchildren to the deceased. It is important to note that compensatory applications are not limited to members of the family alone, but also to anyone else who was eligible to inherit from the dead person if he or she died.
Whoever would like to make a compensatory claim against the person or company liable for the death of their loved one can work with a Palatka Personal Injury Attorney. The lawyer helps draft the exact damages and expenses that you require compensation for, caused by the wrongful death. Such claims include covering the medical expenses that went to treating the deceased before he or she dies. Additionally, you can sue for compensation for funeral costs, and for the loss of companionship. Moreover, survivors of the deceased can make an application for compensation where he or she was a primary provider in the family. Therefore, in such a claim, the survivors will sue for loss of future earnings by the dead victim, and seek monetary compensation that covers what he or she would have brought in.
3. Truck Accidents
Truck accidents are some of the most severe road accidents, due to the damage they cause. The destruction and injuries sustained in a truck accident are significantly worse than many other incidents, especially due to the large size of most trucks. Consequently, the claimant could have a large amount to settle since the costs will include significant damage to property and extreme personal injury.
Truck accidents can typically be attributed to varying reasons, but most have to do with the driver or a truck manufacturer who is at fault. For example, if the driver is too tired to drive beyond the stipulated working hours, he or she may easily become drowsy or even lose focus. The result will be poor coordination of the truck, which can quickly cause head on collisions or even rollover accidents. Additionally, truck brakes often fail, especially in steep roads that require constant application of the brake forces. Such a failure may cause the track to involuntarily move and cause multiple crashes.
A truck accident victim can claim compensation for any injuries caused, by placing liability on the driver for negligent driving, or the driver’s insurance. After deciding to proceed with the compensation claim suit, you should contact your Palatka Personal Injury Attorney promptly, to begin the suit process. Your interaction with your lawyer should be on time, to prevent time restrictions set under the law. Accident survivors have four years to bring forth a personal injury claim, while for the survivors of a truck accident, the law provides a two year allowance to file a claim.
4. Pedestrian Accidents
Pedestrians are the most exposed to accidents as road users. While the statistics involving pedestrian accidents are alarming, the numbers seem to grow continuously every year. Pedestrian accidents make up the largest percentage of road fatalities because of the increasing number of people who access roads in Florida. For example, the tourism sector has grown significantly over time. Because of the diverse groups of people on the roads, many tend to ignore vital road regulations that serve to prevent such accidents from occuring. The prevalence of such accidents is the highest at intersections, because of the complicated rules that motorists and pedestrians alike should follow.
Typically, Florida statute dictates that where a crosswalk is available, pedestrians should always use it to cross a road. In the absence of such a crosswalk, they should keep to the left of the road and use sidewalks to avoid entering the main road. Despite these laws, pedestrians can find themselves inconvenienced by becoming accident victims.
Affected pedestrians can claim compensation for injuries caused, with the help of a Palatka Personal Injury Attorney. He or she has to prove that it was the motorist and not the pedestrian who defied set regulations by driving negligently. After a successful trial, you will receive compensation for the injuries and harm you suffered.
5. Bus Accidents
Most bus drivers fall under the commercial category of motorists because they are often responsible for driving commuters, tourists or students to schools. Therefore, bus accidents expose the drivers and bus companies to significant claims to settle, as the victims are many. For a victim of the bus accident, you can seek to recover for the harm done, including injuries or damage to property. Your Palatka Personal Injury Attorney will assist you as the accident victim to determine liability on the possible parties.
Firstly, the driver could be liable for getting distracted while driving, or exercising reckless driving by use of high speeds. Moreover, liability may fall on the government organization or board responsible for maintaining bus drivers within the city if the fault that caused the accident links to mismanagement and lack of maintenance.
While aggrieved parties can make claims, the law applicable in Clay County, Florida uses the no comparative fault rule to establish who bears the costs in an accident. The rule requires a claimant to engage the insurance company of the liable parties, which should disburse the required amounts for full payment. However, if the claims brought forth exceed the amounts that the defendant’s insurance can cover, you can initiate a fresh suit and seek compensation directly from the liable party. The state also recognizes the pure comparative negligence law that may establish some fault on your part. Hence, you may not receive full payment from the claimant. Instead, a deliberation by the judge will determine the percentage deducted from your claim, according to your contributory negligence.
6. Car Accidents
Many motorists are victims of car accidents in the Palatka area. Most of the incidents arise because of the distracted state of these motorists on the road. Thus, when a driver indulges in texting while driving or gets drowsy on the road, he/she will be unable to detect oncoming vehicles and get involved in a severe accident. The most prevalent cause of distraction, however, is when a driver is under the influence of drugs and alcohol. DUI accidents are attributed to a large number of car accidents in the Palatka area, especially at night. Thus, the law has formulated strict rules that prevent motorists from driving while drunk, to avoid negligent actions that could cause accidents.
On top of the many distracting factors, there are different types of car accidents that affect victims in various ways. Depending on the nature of the accident, you may sustain mild to severe personal injuries. Some of the accidents are:
- Rollover accidents
- Roof crush accidents
- Accidents aggravated by a defective seat belt
If you are a victim of any of these incidents, you may make a personal injury recovery claim for the damage of property and injuries caused. Your lawyer must prove that the defendant was negligent in driving, and was the primary cause of the accident.
7. Motorcycle Accidents
Motorcycle accidents are also common in the Palatka area, as in any other part of the state. Motorcycle accidents are also some of the most severe road accidents that a victim can face, because of the high exposure rate of a rider. As a result, claimant parties involved in such compensatory suits handle significantly more amounts in terms of payments to aggrieved persons. The high claims are useful to the aggrieved party because he or she uses them to cover for medical costs, which make up a significant amount on recovery.
For your injury lawyer to establish the negligence on the defendant’s part, some factors need proper establishment. For example, your lawyer should prove that the defendant motorist was at a high speed that was dangerous to any oncoming motorists. Moreover, your lawyer must show that the defendant did not pay any regard to you, and ended up hitting you as the motorcycle rider.
After successfully establishing fault, your Palatka Personal Injury Attorney will assist you in dealing with the defendant’s insurance adjusters because they may pose a challenge to you when you work alone. Insurance companies use their adjusters to ensure that you receive the minimum amount available to you. However, with your lawyer present, you can argue out an amount that is enough to cover for any needs you have.
8. Compensable Injuries
As an accident victim, you may suffer serious injuries that may alter the entire course of your life. Consequently, you need to recover for all the harm done, especially because you had not planned for any course of events that you undergo. You can seek compensation for injuries that may cause dramatic life changes like:
- Spinal cord injuries
- Traumatic brain injuries
The claims in compensation for such serious injuries should include all the medical expenses spent towards your recovery, especially because they require you to remain as an inpatient in the hospital for a while. You may also need extra treatment like surgeries, physiotherapy and memory recovery exercises where victims experience severe memory loss.
On top of these severe injuries, you require compensation for any other bodily harm including:
- Bone fractures
- Body disfigurement
While such injuries are not necessarily classified as severe, they still affect a victim significantly and require monetary resources to enable treatment. Thus, your lawyer should work to ensure that you receive all available payment as compensation.
Find A Personal Injury Attorney Near Me
It is never easy to undergo the aftermath of an accident that you may face. You often have to deal with personal recovery, taking care of loved ones who are also recuperating, as well as dealing with any possible loss of life. Subsequently, it may be a very stressful moment in your life. While you may not get back to exactly how life was before a catastrophic accident, the Clay County Personal Injury Attorney will do the best he/she can to make a rightful compensatory claim for the losses you incur. If you are currently facing any difficulty regarding making a personal injury claim around the Palatka area, feel free to contact us at 904-494-8242.