Personal injuries can be incurred in traffic accidents, hospitals, or in the workplace. Therefore, you need an attorney who is experienced in handling personal injury cases to ensure the rightful compensation for your damages. We at Clay County Personal Injury Attorney in Saint Augustine South will help you in filing your claim and negotiate the most favorable claim value for you.
Types of Accidents that Result to Personal Injuries
Once you get injured in a car accident and reside in a no-fault state, one can file a claim to their insurer for compensation regardless of who was at fault. Otherwise, one may sue the other driver for the negligence which caused the damages. You must, therefore, prove that:
- The driver’s negligence caused the accident
- The injuries and damages are a direct result of the accident
- There exist legally justifiable losses as a result of the accident
Truck accidents can be catastrophic. In the cases where the plaintiff is not at fault, the truck’s driver must have violated one of the state’s regulations regarding truck operation, which increases the plaintiff’s chance of winning the case. The state’s laws require operators of trucks to pay higher premiums. If there are multiple defendants in the case, all may have the responsibility of paying the damages. However, if the numerous defendants cannot agree on the compensation plan, the case goes to the trial stage. The driver at-fault is sued for negligence. Be sure to involve experienced services from a Saint Augustine South Personal Injury Attorney to help you in your trial.
In addition, the driver’s employer can be sued for the responsibility of causing the damages under the following premises:
- Respondeat superior
- Vicarious liability
This is a situation where the pedestrian is hit by a vehicle. The pedestrian is supposed to inform the police and the insurance company, take details of the accident scene, and seek medical care. The medical records of injuries and treatment should be well kept. The driver’s insurer pays the medical bills when an accident occurs in a no-fault state whereas the pedestrian’s health cover is used to settle medical bills if the accident happened not in a no-fault state. If both insurers are not available, then the pedestrian caters to their bills. The driver who hits the pedestrian is considered to be at fault since most states require the driver to be alert to avoid the hazards. The driver liable if the pedestrian is hit on a crosswalk while the pedestrian can still win the case if the driver paid attention to the traffic rules. The pedestrian can also sue the municipality for poorly structured streets or botched traffic controls.
Buses are mostly used for public transport. They have safety risks such as lacking safety belts and airbags, which leads to a variety of injuries from bruises to the complicated ones like spinal cord injuries. An injured passenger can make a third-party claim against the at-fault driver for the damages. However, if the at-fault driver is a government entity, the claim is complicated. One should file a notice of claim, within a statute of limitations, which contains:
- The claimant’s intention to demand compensation for the negligence of the government entity
- Details for the accident that gives rise to the claim
- The claimant identity details and
- The description of losses incurred
Negligence occurs when common carriers, businesses providing public transport for a fee, abscond the regulations meant for passengers’ safety called duty care. The compensation is awarded if the negligence of the government entity is proven to be the proximate cause of the damages incurred.
The same case applies to when a vehicle collides with a public bus, the bus driver being at-fault.
One can be involved in a motorcycle accident as a driver or a passenger. The amount of compensation incurred depends on the liable party and damages. The plaintiff must justify the negligence of the at-fault party. If the liability exists and the losses are significant, the compensation amount increases. The damages, both economic and uneconomic, are quantified to amount the whole claim. The claim amount can be valued as settlement value, which is the benefit the claimant wishes to be paid to settle the case. It is also valued as a trial value , the claim value expected after a trial. A Saint Augustine South Personal Injury Attorney will help you decide between settlement and value and trial value.
It is a form of litigation brought against health facilities and medical care professionals as a result of a personal injury incurred when an individual is receiving medical care. The doctors, nurses, and hospitals are held responsible for personal damages due to the negligence of the professional code of practice. A medical practice lawsuit must be meet the following conditions for its validity to hold:
- The medical care provider was responsible to the patient
- The responsibility was neglected or breached
- The breach of duty directly caused harms that led to personal injuries
- The personal injuries can be compensated
The plaintiff does not need to meet all the above, so long the evidence is substantial.
There must exist a medical legal relationship between the medical care personnel or facility with the patient. The doctors have an unquestionable duty to patients under their care and in need of emergency treatment. Only expert witnesses can elaborate on what the reasonably professional care the health care personnel can provide.
The plaintiff has to demonstrate that the doctor showed less care, skill, or did what a person in their capacity and qualification would not reasonably do. The breach of duty may include the following:
- Failure to diagnose or incorrect diagnosis which leads to subsequent other health problems due to delayed misdiagnosis or delayed treatment
- Improper health care by the doctor such as botched surgery or any other procedure done without a reasonable medical skill
- Medication errors which include wrong dosage prescription or administration and failure to take note of the possible reaction
- Practicing health care in an unsafe environment that posed a risk to patients undergoing treatment, for instance, unsterile environment responsible for spreading new infections to the patient
- Negligence on general care such as failure to feed, provide appropriate dosages, or turn a bedridden patient
All this consists of a breach of duty, and the health care personnel is liable for breach of duty.
Linking the causation of the personal injury to the harm posed by the breach of duty is often a difficult thing to do for the plaintiff. It requires willing medical experts to establish the causation.
If the plaintiff is successful in showing the causation, then the medical care expert is responsible for the damages such as:
- Present or future medical cost of treating the injuries caused by the negligence
- Current and future lost income resulting from the injuries
- Emotional turmoil, physical pain, and suffering
- Wrongful death if the doctor’s negligence caused the death
Many of the medical malpractice covers end up settling outside the court. The medical malpractice insurance cover always caters for the damages when the care professional admits their mistake on the condition that the potential plaintiff gives up their legal rights to sue. Engage a Saint Augustine South Personal Injury Attorney lest you be duped into accepting insufficient amounts in your medical malpractice claim. He will negotiate and ratify the deal on your behalf.
Types of Compensable Injuries
State laws stipulate for compensation of workers who incur personal injuries in the execution of their duties. A compensable injury is a type of personal injury that entitles an employee for the worker’s compensation benefit. For eligibility to the worker’s compensation the personal injuries:
- Must have happened to an employee as defined by the employment terms
- Must have occurred during employment when illness or injury struck
- Personal injury resulting in loss of income or impairment
The following types of personal injuries can be covered by the workers’ compensation depending on the laws of your state:
People who work in places with contaminants, aggravating situations and disease risks can develop an infection from the long exposure. The infections compromise their internal body functioning. For instance, loud noise led to migraines and hearing loss. One can also be compensated if they incur a personal injury which has been aggravated by a preexisting circumstance.
Physical injuries can also result from straightforward exposure to the dangerous work environment. For instance, a machine may chop off the hand, an accident with the organization can lead to spinal injury, or a hazardous chemical can also scorch a worker.
Recurrent Stress Injuries
These injuries are a result of cumulative trauma in the workplace, thus impairing the employees at work. These are not from a single vent or accident, but they develop over a long period. Injuries such as back pains and tendinitis are also compensable if they result from repetitive work exercise.
Sometimes there is a proper medically proven link between a physical injury inflicted in the workplace and mental anxiety or depression. Work-related stress, violence, or trauma, which can be linked to over fifty percent to the employer, can be compensated. The worker can also be compensated if the stress issues at work lead to physical injuries such as heart attack.
However, a worker cannot be compensated if they incur personal injuries:
- When under intoxication
- While commuting to and from work using private means, not in the execution of correct duties.
- When taking part in a social event with other workers that the organization has no hand control over.
- When engaging in a sporting activity such as horse race
- When taking a break off from work the place
Involving the Saint Augustine South Personal Injury Attorney will save you the hassle of determining whether an injury is compensable. He will evaluate the facts regarding your injury and help you file a claim worth your legal compensation.
It is a death that occurs due to the negligence or illicit actions of the defendant. The surviving members of the victim can file a civil lawsuit called the wrongful death claim. It may arise out of personal injuries that lead to death from many situations such as:
- The defendant’s criminal behavior
- A vehicle or plane accident
- The defendant’s medical practice that leads to the death of the victim
- Hazardous exposure due to victim’s occupation
- A death resulting from a supervised activity
The success of this claim depends on the following conditions which must be fulfilled:
- The person or victim in question must have died
- The death must be a result of another person’s intention to harm or negligence
- The death must have caused financial strain to the surviving relatives
- A representative of the decedent estate exists
It is the representative of the decedent estate who has the legal right to file the wrongful death claim on behalf of the survivors. This claim must be made within a statute of limitations, although circumstances can allow for late claims, to recover both economic and noneconomic damages. The definition of survivors varies depending on the states, but in all states, parents can sue for the death of minors, minors can sue for the death of parents, and one can sue for the death of a spouse.
States differ whether parents can sue for the death of adult children, adult children can sue for the death of their parents, and the situation gets complex when the distance of relationships increases. In some states, a romantic partner may also sue if they can prove financial dependence on the deceased. Approach the Saint Augustine South Personal Injury Attorney to get clarification on whether you are a legal survivor according to the laws of your state, in case you consider wrongful death litigation.
The damages able to be compensated by through the wrongful death claims include:
- The survival claim as a result of suffering and pain before the death of the deceased
- Deprivation of inheritance and expected income due to the death of the deceased
- The cost of medical care of the dead before the death
- Love, care and companionship lost due to the death
- Consortium losses
Damages in a wrongful death claim are measured financially- by accounting for all financial implications of the deceased injuries and death. The financial loss is determined by considering age, earnings, health intelligence, and life expectancy. The jury determines the size of the awards, depending on the reasons for consideration. The experts are involved in determining the size of damages award in some complicated cases like when the financial loss is posed by the death of a person who was not formally employed.
The federal law, however, shields some family members and government agencies against the wrongful death lawsuit—for instance, defendants in railroad accidents and medically approved drugs and devices.
Find a Saint Augustine South Personal Injury Attorney Near Me
Personal injury cases can be complicated since unveiling the evidence to base your claim can be difficult. The Clay County Personal Injury Attorney will handle your case with the goal of obtaining rightful compensation. Consider a professional representation by a lawyer who understands all the loopholes in a personal injury case. Call 904-494-8242 today to get your Saint Augustine South injury case considered for the best results.