Personal injury cases are legal disputes that arise when a person suffers harm from an injury or an accident due to the negligence of another person. Unlike criminal lawsuits often initiated by the government, the plaintiff initiates a personal injury lawsuit. A plaintiff may file a lawsuit against another individual, corporation, business, or government agency.
With the help of an attorney, you may resolve a personal injury lawsuit through an informal settlement. The lawsuit does not have to proceed to trial. If the parties involved fail to agree on payment of an agreeable amount of money out of court, the case may proceed to court for a formal lawsuit. If you or a loved one has suffered injuries due to the fault of another person, Clay County Personal Injury Attorney can help you to seek compensation. You only need to contact one of our experienced Vilano Beach personal injury attorneys at the Clay County Personal Injury Attorney law firm, for the best legal representation.
Common Types of Personal Injury Cases
If you suffer injuries due to the fault of another party, the law requires the party at fault to compensate you for the injuries sustained. You may seek compensation for compensatory and non-compensatory damages. Some of the common personal injury cases in Florida include:
Every year, thousands of people suffer injuries in car accidents in Florida. A car accident may involve major property damage and injuries. An accident may also involve minor losses. However, no matter the seriousness of a car accident, it will most likely entail seeking compensation for your damages. The most common types of car accidents include side-impact collisions, head-on collisions, rollovers, and rear-end collisions, among others.
The steps you take after involvement in a car accident will affect your legal rights and the likelihood of getting compensation. Immediately after a car accident, you should seek medical attention if you suffer serious injuries. However, before leaving the scene of the accident, you should call the police or request another person to call the police for you. You may also take photos of the accident scene; request a person to take photos of your injuries and your vehicle wreckage.
While receiving medical treatment, you may request the doctor to take photos of the injuries you sustain. Obtain copies of medical records and medical receipts. These will be important in proving that you incurred hospital bills in seeking treatment for the injuries.
Other important steps include getting the contact details of witnesses who may be at the scene of the accident. Ensure that you record the details of the other vehicle, including the vehicle identification number, the make, and the color of the vehicle. Gather as much evidence as possible. With adequate evidence, your Vilano Beach Personal Injury Attorney will be able to prove your damages and seek the compensation you deserve.
The party at fault in a bus accident will depend on the type of bus involved in the accident. A bus accident may involve a school bus, a tour bus, or a public transportation bus. The potential defendants in a bus accident include the bus driver, tour bus operator, school bus operator, bus owner, or the state. The bus manufacturer and the bus maintenance company may also be to blame for a bus accident.
For you to seek compensation from the defendant, you have to prove three elements of negligence. You have to prove that the defendant owed you a duty of care. For instance, a bus driver owes a duty of care to other drivers, pedestrians, passengers, and any other road users. It should be evident that the defendant breached the duty of care by acting negligently. It should also be evident that the defendant's negligence or breach of duty of care was a substantial factor in causing your injuries.
When a bus accident occurs, the injuries are often catastrophic because bus passengers do not have safety features like airbags and seat belts. In case of an accident, passengers may suffer head, neck, and back injuries. The victims may also suffer broken bones, crushing injuries, loss of limb, and paralysis.
A truck accident may occur due to the negligence of a truck driver. A truck driver may face negligence charges for engaging in distracted driving or operating the truck while intoxicated. Engaging in reckless driving, including improper lane changes, speeding, and failure to yield the right of way, may render the truck driver liable.
The trucking company may be to blame for a truck accident. If the trucking company intentionally violates the safety requirements and transportation rules, it may be at fault. Other ways in which a trucking company may be to blame for an accident include overloading trucks or allowing overweight vehicles. The company should not allow a truck to take an unbalanced cargo. The company may also be at fault for hiring unqualified truck drivers and failing to repair and maintain trucks.
The truck manufacturer may be to blame if the accident occurs due to defective truck parts. The truck maintenance problem may be at fault for failing to identify a mechanical problem that would have been repaired to prevent an accident. If a truck accident occurs due to improper road signage and unsafe road conditions, the government agency in charge of maintaining roads may be to blame for the accident.
Some of the damages available in a truck accident include medical bills, lost wages, and lost earning capacity. The victim may also get compensation for pain and suffering, loss of enjoyment of life, and emotional distress.
Florida is a haven for bicyclists due to its great climate and great outdoors. However, bicycle accidents are common, and when they occur, the injuries are often catastrophic or even fatal. Many bicycle accidents revolve around negligent vehicle drivers. Most bicycle accidents occur when a vehicle driver fails to see a cyclist, and the driver makes a left turn into the cyclist; this is the leading cause of bicycle accidents.
An accident may also occur when a vehicle driver passes a cyclist on the left and then turns right into the cyclist's path. An accident may happen when a driver opens a car door and hits a cyclist. It is common for motorists to exit parking or a driveway right into the path of a cyclist. It is also common for drivers to hit cyclists from behind.
Bicycle accidents may occur due to other factors other than negligent vehicle drivers. The factors include potholes, uneven sidewalks, loose gravel, and damaged road signs. The property owners responsible for maintaining their pavements and asphalt may be to blame for the accident.
The injuries in a bicycle accident are often catastrophic because cyclists do not have protective gear except their clothing. Most cyclists in Florida do not wear helmets, and when an accident occurs, the effects may be fatal. Some of the common injuries in a bicycle accident include head fractures, head, and neck injuries: dental fractures, strains, and dislocations. A cyclist may also suffer eye injuries, internal bleeding, and concussions.
Slip and Fall Accidents
Property owners owe a duty of care to protect people who enter their property from harm. This duty applies to people who lease, own, occupy, or control property. At times, parent companies or insurers may be responsible for damages for people injured in slip and fall accidents.
For a plaintiff to get compensation, he/she has to prove that the defendant owned, occupied, leased, or controlled property. The plaintiff should also prove that the defendant was negligent in the maintenance or usage of the property. It should be evident that the plaintiff suffered harm from the slip or fall at the defendant's premises. You have to prove that the defendant factors were a substantial factor or significantly contributed to your injuries.
A property owner might be liable if the property was in a condition that posed an unreasonable risk of harm. It should also be evident that the defendant was aware or should have been aware of the condition of the property. It should be evident that the defendant failed to repair the condition posing a risk. The property owner may also be liable for failing to give an adequate warning for the condition.
There are various ways of proving the defendant's fault and the plaintiff's injuries in a slip and fall accident. A plaintiff may prove that he/she suffered injuries using doctor's treatment notes. The video footage on-premises may also prove that the victim slipped and fell within the premises. Other ways of proving fault and damages include witness statements and expert testimony from accident reconstruction experts.
Medical malpractice is also known as professional negligence. A medical professional may face medical malpractice charges for acting negligently while rendering professional services. The negligence of the medical professional should be the proximate cause of a victim’s personal injury or wrongful death. A professional can only face medical malpractice charges for services that are within the scope of the services that he/she is licensed to provide.
All healthcare providers licensed by the state may face medical malpractice charges for acting negligently. The potential defendants in medical malpractice cases include doctors, chiropractors, psychologists, pharmacists, nurses, and anesthesiologists. Health facilities like clinics, laboratories, and hospitals may also cause medical malpractice charges.
If you and your Vilano Beach personal injury attorney prove that the defendant committed oppression, fraud, or malice, you may recover punitive damages under Florida law. A defendant might face punitive damages if the conduct of the defendant was despicable. If the defendant intentionally and willfully expressed disregard for the rights and safety of the victim, punitive damages may apply. The damages often apply in a case where the defendant acts recklessly or with gross negligence.
The victim can prove that the healthcare provider was negligent if the provider failed to use the necessary level of knowledge, skill, and care while attending to the patient. The law considers how reasonably careful practitioners would have acted in similar circumstances.
To establish that a medical practitioner was negligent, one or more expert witnesses may be necessary. It should also be evident that the medical practitioner's breach of duty of care caused the plaintiff's injuries. A wrong medical diagnosis may not be enough proof for medical negligence. There should be something that the medical provider should or should not have done that led to the injuries of the victim.
Under Florida laws, family members of a deceased person may be able to recover damages when their loved one dies due to another person's wrongful acts. The wrongful death damages may include compensation for funeral and burial expenses. The surviving family members may also seek compensation for the amounts the deceased person would have earned as income. The dependents may also seek compensation for the loss of companionship and support from the deceased person.
Several members or their representatives may bring a wrongful death in California. The spouse or the children of the deceased may file the lawsuit. The registered domestic partner of the deceased may also file a lawsuit. If the spouse or children of the deceased are not alive, the grandchildren of the victim may file the lawsuit. Minor children, including stepchildren who may have depended on the deceased for at least 50% of support, may file a lawsuit. Any person entitled to the deceased person's property under Florida law may file a wrongful death claim.
When seeking compensation for the support the dependents would have received from the deceased, several factors will affect the value of compensation. The dependent will be able to recover damages for the shorter period of the deceased person's life expectancy at the time of wrongful death or the life expectancy of the plaintiff at the time of the wrongful act. The jury has the discretion to determine the life expectancy of a deceased person. The jury may take into account the health, the occupation, and the occupation of the deceased.
Personal injury cases are often complicated because the defendants are not always willing to accept fault. With the help of an experienced Vilano Beach personal injury attorney, you can prove the negligence of the defendant.
Find a Vilano Beach Personal Injury Attorney Near Me
If you or a loved one has suffered injuries due to the wrongful acts of another person, you may seek compensation under Florida law. We at the Clay County Personal Injury Attorney are experienced in handling all types of personal injury cases. Contact us at 904-494-8242 and speak to one of our attorneys today.