When one suffers injuries due to the negligence of another, it is devastating. To treat the injuries, you will require money, which in some cases, can run to tens of thousands of dollars. Some injuries can result in lifelong effects, while others can result in premature death. In Florida, many injuries occur from road accidents. Whether driving a car or truck, riding a motorcycle, being a passenger or a pedestrian, you can get hurt on the road, and sometimes suffer catastrophic injuries.
Injuries are also common in medical malpractice, which results in long lasting effects. When you get injured from any of these areas, you are entitled to compensation. Finding an attorney to help you with your claim is always a good idea. If in Hastings, the Clay County Personal Injury Attorney law firm will assist you in pursuing your claim and receiving your rightful compensation.
Ways Accidents Happen in Florida
The roads are filled with various types of vehicles and different users. When one gets into a road accident, the experience is often traumatic to them and their loved ones. Some accident victims experience lasting emotional and physical injuries that can alter their lives forever. Irrespective of the accident type, filing a claim with a local Hastings Personal Injury Attorney will help you recover your losses.
When a claim gets filed, the jury analyzes the evidence presented to establish fault or the at-fault party. If your complaints are directed towards the wrong party, they will contest it, and you will not get paid. This makes it even more important to get a lawyer experienced in personal injury claims to pursue them on your behalf. A lawyer understands how to establish fault and will also get experts to issue statements supporting the claims.
Vehicles get involved in various kinds of accidents. With every type of accident, the fault is often different, or the circumstances of the accident are varied. Some prevalent examples of accidents are:
These are the kinds of accidents where vehicles moving from opposite sides collide at the front. These types of accidents result in severe injuries and fatalities. The collision can be due to many reasons such as mechanical fault, road conditions, and negligence from the drivers, among others. Primary contributors to these accidents are distracted or drunk driving. Your Hastings Personal Injury Attorney must establish the other party’s liability for the damages to get awarded.
When another driver crashes into you from behind, it can result in damages to your car and even injuries, especially if the driver was moving at high speeds. The causes of these accidents vary, making it imperative to understand them in order to establish the party liable for the damages. Speeding, distracted driving, abrupt braking from the driver ahead, or tailgating are some of the common causes.
When sure the other driver is liable for the crash, you can claim damages from them. Most people assume the rear driver is always at fault; however, this is not always the case. Establishing responsibility, in this case, is also critical in getting paid for the damages.
These are among the most dangerous accidents. Most injuries are catastrophic or fatal in this case. A vehicle may roll over and land on its roof once or severally faced with a high impact. There are many causes for these types of accidents. If the driver attempted to take a sudden turn while moving at high speeds or drunk driving, they might end up in this kind of an accident. There are many causes of these accidents, and establishing them is crucial to getting awarded damages.
The injuries are life-threatening, causing permanent disabilities or death. A Hastings Personal Injury Attorney can help you show the negligence of the other party to get paid for the losses you incur.
These accidents are common at intersections where a vehicle gets hit on the side. The injuries from these accidents are also significant and can result in wrongful death. Just like in every other accident, establishing fault is central to your getting damages awarded.
Single Car Accidents
Many road accidents involve multiple cars, but sometimes, a single vehicle can get in a crash by itself. Some of the common causes of these accidents are environmental conditions, bad roads, or faulty vehicles. When engaged in a single-vehicle crash, never admit fault but rather, let your lawyer pursue the claims for you. When you accept blame, it means you take responsibility for the accident and may not get compensated. Let your attorney help in establishing why the accident occurred and seek compensation on your behalf.
Types of Traffic Accidents
As earlier stated, the roads are filled with different users that get involved in collisions. Some kinds of road accidents that will result in compensation include:
The state of Florida is highly populated. This increases the risk of pedestrian accidents on our roads. When you are walking along the highway or crossing it, you can get knocked down by a car or even a motorcycle. The law requires all drivers to ensure pedestrians are safe as well as other people using the roads. Unfortunately, negligence by some drivers can cost a pedestrian their life or significant injuries.
The pedestrian’s body is usually not protected by anything. The impact of the crash is typically direct to their bodies and the outcome devastating. A local Hastings Personal Injury Attorney can help you prove the negligence of the driver to get compensated.
Accidents involving trucks often result in significant injuries to both the vehicles involved and the victims. A truck can hit another vehicle from behind, get in a head-on collision, or even a side crash. A pedestrian crossing the road can also get involved in a truck accident, even bikers. Establishing fault is essential for any victim to receive damages due to the crash.
The causes of truck accidents are varied just as earlier discussed, meaning the fault is not the driver’s at all times. For instance, if the accident occurred due to a mechanical failure, the manufacturer of the truck may be liable for the damages. Seeking damages from the driver may not be the best thing to do compared to seeking from the manufacturer of the truck or faulty part.
Most Florida residents use personal cars as their mode of transportation. A motorist can be fatigued, intoxicated, negligent, and reckless, resulting in an accident. Other times, the conditions of the road, weather, or malfunction of the vehicle can be the cause of the crash.
You can get injured in a car accident as the driver or a passenger. A passenger is entitled to seek damages just like the vehicle driver from the at-fault party. A lawyer experienced in car accident claims can guide you on getting compensation and even file a lawsuit on your behalf to recover damages.
Motorcyclists also use the same roads as vehicles. Most bikers move fast, making it impossible to control their bikes when faced with an emergency. As a result, accidents can occur often resulting in life-changing injuries and, in some cases, fatalities. Motorcyclists are similar to pedestrians in that their bodies are exposed to direct impact. The only protective clothing they wear is a helmet and knee caps.
When they get into an accident with another vehicle, the impact of the crash and the road surface results in significant injuries. Motorcyclists can also hit pedestrians when negligent on the roads. Fortunately, damages from a motorcycle accident are also recoverable in Florida.
A bus can be involved in an accident with another vehicle or due to other external factors. Passengers on the bus can get injured, and some die. A bus accident can also happen when one gets hit at a bus stop as they wait for the bus. When injured in a bus accident in Florida, you are entitled to receive damages as a result.
Medical Malpractice Claims in Florida
When you go to a hospital sick, your expectations are to come out feeling better. Unfortunately, this may not happen, and instead, you get worse. Medical malpractice is possible even when a practitioner has done their best. Medical malpractice cases are based on various reasons. Some of these are:
- Misdiagnosis – when you get wrongly diagnosed, you will not receive the necessary treatment. You can get the wrong medicine that will react negatively to your body or cause more damages.
- Delay in making a diagnosis – when a diagnosis is delayed, it can result in death or unnecessary pain or trauma to the internal organs. Failing in giving diagnosis when one should is a form of medical malpractice.
- Surgical error. – A patient or their next of kin signs a consent form allowing surgery. Unfortunately, mistakes can happen during the procedure, such as leaving tools in the patient, damage to the organs, or performing surgery on the wrong body part, among others. The injuries, as a result, are devastating and life-threatening in some cases.
There are many causes of medical malpractices, including malpractice, when giving birth. When these types of accidents happen, they can result in high medical bills correcting them or deaths. You can, however, recover damages due to medical malpractice.
The fault must, however, be proven in these types of accidents. Your local Hastings Personal Injury Attorney understands the requirements in such a case to enable you to win damages. Your lawyer must provide evidence that you were the patient in a particular facility or the doctor’s patient. Additionally, you must establish that a procedure was carried out or failed to be carried out, resulting in the injuries sustained.
When you determine medical malpractice, the damages as a result of injuries get compensated in Florida.
Wrongful Death Lawsuits in Florida
When a loved one dies due to the negligence of another, it is devastating to the family. Wrongful death can result from a road accident or medical malpractice. The family of the deceased can receive compensation from the party responsible for their wrongful death.
The family can claim to receive noneconomic and economic damages due to death. If the person was a breadwinner and was receiving treatment for the injuries resulting in their death, economic damages are awarded. Similarly, noneconomic losses that include the wrongful termination of their life and the pain the family suffers also get compensated.
Filing a Damage Claim in Florida
If involved in a road accident and suffer injuries in Florida, you can seek damages by raising an injury claim. When awarding compensation, the state of Florida looks at negligence on the party responsible for the accident. Your Hastings Personal Injury Attorney must establish the various facts of negligence. These are:
Duty of care
Your lawyer must demonstrate how the at-fault party owed you a duty of care. This means the defendant had a responsibility to make sure their actions did not result in injuries to you.
Breach of the Duty of Care
When proving this, your lawyer must demonstrate how an ordinary person would have behaved in a similar situation. Your lawyer must show how a driver or a medical practitioner violated their duty resulting in injuries or death.
Showing a defendant owed you a duty of care and violated it is not sufficient to get your damages paid. You must show the accident or the actions of the defendant are the reason for your injuries. But, because of complications that can arise as a result, it is essential to have a lawyer representing you. Various things are important in proving the defendant’s actions resulted in your injuries. These are:
- Police Reports – these are especially crucial when demanding compensation following a traffic accident. You must report the accident when it happens to the police who will come to the scene and carry out investigations into the crash. The police will produce a report of the accident, which is crucial in proving the defendant was responsible for the accident, and the subsequent injuries.
- Medical Report – when you get injured, you must get to a hospital to get treatment for your injuries. The attending doctor’s must indicate the injuries suffered and the treatment received. Every procedure used and medicines must also be included. These reports are crucial in establishing how severe your injuries are and their effects on your life.
- Witness Testimonies – these are also crucial in showing the defendant was responsible for the accident and resulting injuries.
Find a Lawyer Near Me
Injuries from an accident are unexpected and devastating. The financial, physical, and psychological damages to the victim and their families are overwhelming. Fortunately, the state of Florida allows for compensation for the damages suffered. While in Hastings, getting a local attorney to help you with your claim is to your advantage. At Clay County Personal Injury Attorney, we have experience in pursuing various types of injury claims for our clients. Find us at 904-494-8242, and let us seek your damages.