Personal injury is a broad subject that refers to damages that occur to your emotions, body, mind, or property. It is also referred to as a tort law that is established to protect you or your property for damages caused by another individual’s act or failure to act. In other words, the person at-fault compensates you for the loss suffered. There are various instances where personal injury stipulations apply. The prevalence of accidents and other causes of personal injury necessitate a qualified and skilled personal injury lawyer. The Clay County Personal Injury Attorney has some of the best Welaka personal injury attorneys that have long-term experience in handling these types of cases, and are ready to help you.
Forms of Compensable Injuries
Compensable injuries refer to damages suffered because of an accident and can be compensated in monetary terms. While in some instances, trauma can be quantified, it is impossible in others. In Florida, the amount of compensation is directly influenced by the type of suffering endured, and the law does not restrict the amount you seek as compensation in a personal injury claim.
This is a type of harm that is directly linked to loss of dollar amounts. The damages received compensate you for the costs incurred or money lost because of the negligence, actions, and failure to act by another person.
- Medical care – In many cases, personal injury claims include damages for the medical costs associated with the accident. Note that the compensation for the treatment also consists of the approximated medical expenses for the care you might need in the future because of the accident.
- Loss of Current and Future Income – Economic damages also entail compensation for the impact of the accident on the lost income as well as the income that you could have made in the future if the accident had not occurred. The latter is usually classified as compensations for the loss of earning capacity.
- Loss of property – This type of damage entails reimbursement for loss of material things by the victim because of the accident. Some of these include loss of building, vehicle, and clothing, among other materials because of the accident.
These types of damages are also referred to as the general compensatory damages and cannot be translated to a specific amount of money. Their subjective nature makes it difficult to attach a fixed monetary value because they focus on the victim’s suffering.
- Pain and suffering – After an accident, you may be qualified to receive compensation because of the pain and discomfort suffered. We perceive these damages in two ways, including physical and mental pain and suffering.
- Physical pain and suffering – This is the pain endured by the victim because of the physical injuries suffered after the accident. It includes not only the current pain and discomfort but also the future detrimental effects of such damages.
- Mental pain and suffering – This type of pain and suffering is a detrimental effect of the bodily harm suffered by the victim because of the defendant’s negligence. In other words, it comprises the mental anguish, fear, distress, and shock that emanate from the accident.
- Loss of enjoyment – This type of suffering occurs when the personal injury caused by the defendant prevents you from enjoying your daily activities, including hobbies, exercise as well as other recreational activities.
- Loss of Consortium – In personal injury claims, these types of damages seek to compensate you for the harm caused to the relationship between you and your spouse. For example, the personal injuries suffered might make it impossible for you to engage in sexual relations with your spouse.
In some cases, the court might find that the actions of the defendant were extremely negligent, and you might be provided punitive damages in addition to the compensation. While these types of damages deviate from the justification of making the plaintiff ‘whole,’ their objective is to punish the person at-fault for the conduct. Many states, including Florida, have established a cap on the punitive damage in the personal injury lawsuits. Florida has limited punitive damages to three times the amount of compensatory damages, whichever is greater. In some instances, the defendant’s deliberate misconduct might be purely motivated by monetary gain, even if the action might cause personal injury. The court can give punitive damages of up to $2 million or four times the compensatory damages, whichever is greater.
- Punitive damages in medical malpractice - Under Florida law, medical malpractice lawsuits are handled differently. The state law restricts the punitive charges in these cases to up to $500,000 against health practitioners. The damage escalates to $750,000 for the non-practitioner defendants.
- Defective Products - Punitive damages also occur when the defendant causes personal injury to the plaintiff by providing defective products. The personal injury lawyer should prove that the defendant was responsible for intentional misconduct or gross negligence. Health practitioners can also find themselves paying for punitive damages because of health prescriptions associated with various health risks.
Forms of Personal Injury Accidents
A Welaka personal injury attorney can help you seek compensation for damages caused by the following:
An individual who is deemed responsible for causing the death of another person can be sued in court for causing a wrongful death. According to the Florida Wrongful Death Act, the deceased family members can file a wrongful death claim against an entity or individual who they believe was responsible for the demise of their loved one. Such a claim seeks monetary compensation for the survivors, including children and spouses. It is based on pain and suffering, loss of consortium, as well as the loss of support. In Florida, such a lawsuit can be filed when the victim’s death was a result of negligence, default, or wrongful act. The state law also permits for damages incurred when an injury occurs to the point of death and the projected future income.
Many wrongful death cases occur immediately after the criminal trial, and they make use of the same evidence. An individual found guilty of wrongful death does not need to be guilty of a crime associated with death. The compensation from these cases is directed to the decedent’s estate as well as sharing among relatives according to the will of the victim. The causes of wrongful claims are caused by situations such as a plane or car accidents, medical malpractices, criminal actions, as well as death in organized activities. Some of the recoverable damages include the incurred medical costs, funeral expenses, loss of earnings, as well as loss of companionship, among others.
Personal injury regulation is established in situations where a person has suffered harm because of another person’s negligence and carelessness. The Florida law stipulates that a licensed driver ought to drive with reasonable care, adhere to all traffic laws and respect the rights of other road users, including pedestrians and drivers. Drivers are considered to be negligent if they fail to observe a considerable level of caution while driving. In some cases, a defective car might be responsible for an accident. You can sue the vehicle or the parts’ manufacturer and seek compensation among the commonly defective parts including, ignition switches, as well as spare parts. Personal injury caused by another person’s negligence makes you entitled to both economic and non-economic compensation provided by the person at-fault. Some of the possible physical injuries you can seek compensation for include paralysis, spinal cord injuries, burns, and long-term disability, among others.
These types of accidents occur when a truck hits a vehicle, roadside user, or a cyclist. Note that the weight and force of a car can also lead to severe injuries and damage. Suffering such injuries might require extended recovery time as well as considerable medical costs. In Florida, drivers are the most significant contributor to truck accidents because of inexperience, speeding, failure to adhere to traffic laws as well as fatigue.
The process of determining liability in a truck accident can be challenging. While the driver might be at fault, the trucking company may still bear some responsibility, and the maintenance company might have overlooked critical maintenance. Therefore, one or multiple parties can take responsibility for the accident and subsequent damages. The complexity of truck accident claims makes it vital to hire a highly skilled and qualified Welaka personal injury attorney to help you navigate the Florida law system. The first move of the attorney is to secure all the essential sources of information, such as the black box of the truck. The tool records the average speed, hard stops, and period that the truck has been in service. If a tired or reckless driver caused the accident, this piece of evidence would be critical in getting you the best possible compensation. One role of the attorney in such a case is to ensure that there is no piece of evidence that is hidden or destroyed.
Florida is among states that have the statute of limitations, which are laws that dictate the time limit that you have to file a personal injury claim. The state law of Florida affirms that a claimant has four years from the date of the accident to file a claim and seek compensation. However, if an individual dies because of the truck accident, the family of the deceased has up to two years to file for a wrongful death act. Some of the common injuries associated with truck accidents include spinal cord injury, burns, limb amputation, and traumatic brain injuries, among others.
It is common for a person to go for a walk and get hit by a vehicle. Most pedestrian accidents in Florida occur at night because of low visibility and in cities. When such a collision occurs, a driver might be held liable for damages for negligence. Some of these damages include medical costs, funeral expenditures, lost income, permanent disfigurement, as well as the loss of consortium. The statute of limitations holds that the plaintiff has up to four years from the date of the accident to file for a claim and a maximum of two years for a wrongful death claim.
The Florida State pedestrian law affirms that roadside walkers have the mandate to adhere to traffic control devices unless directed otherwise by a law enforcement authority. Whenever the sidewalk is available, pedestrians are not expected to use the roadway. Many of these accidents occur because of driver negligence and might result in various injuries, including brain trauma, paralysis, and spinal injuries, among others. Note that Florida adheres to the comparative negligence principle, which notes that when a person is at 99% fault, he or she can claim the 1%.
Florida applies a ‘no-fault’ principle regarding bus accident liability. The notion means that if you are injured because of a bus accident, you will first submit the injury claim to your insurance company. If the medical costs and damages surpass their policy, the victim can seek compensation claims against the bus driver or a government municipality. In case of a bus accident, it is essential to have a skilled and qualified attorney to help you navigate the system. The state uses a comparative negligence principle meaning that drivers can have partial accidents even if they are at fault.
In Florida, most motorcycle accidents occur because of passenger cars. Many car drivers fail to check on the motorcyclists ahead. As a motorcyclist, colliding with another vehicle can subject you to life-threatening injuries. If you or your loved one is involved in an accident because of a negligent driver, it is essential to file for a personal injury claim with the help of a qualified attorney. An experienced attorney can also help you file for punitive damages.
Contact a Welaka Personal Injury Attorney Near Me
If you or your loved one sustains injuries because of another person’s negligence, it is crucial to have a skilled Welaka personal injury attorney to help you navigate the complex Florida law system to get the best compensation for the damages. Contact the Clay County Personal Injury Attorney today at 904-494-8242 to get legal help.