Serious Injuries can occur throughout our lives. However, most people ignore the need to seek compensation by filing a personal injury claim. This often leads to financial burden and emotional trauma to victims who are undergoing expensive medical treatment and family members who may lose their loved ones in accidents. We at the Clay County Personal Injury Attorney understand what you are going through, owing from the many years of experience that we have dealt with personal injury victims. Therefore, we are here to help you seek compensation by holding the at-fault party or parties accountable.
We will help you in the investigation process to determine who is at fault by interviewing witnesses of the accident scene (if possible) and using Florida personal injury laws to prove that you deserve compensation for your injuries and damages. Even though monetary compensation might not be enough to completely offset the damages (such as wrongful death and emotional trauma), fair compensation would offset your medical bills and other damages, including the loss of your earning ability. We invite you to contact our Lawtey personal injury attorney for a free evaluation of your case and get answers regarding how we can help you.
Filing a Personal Injury Claim
An individual can file a personal injury claim in a given period of an accident, usually two years from the incident. The burden of proof is generally low in comparison to other cases like the criminal case. This is because it is focused on compensating the victim for all the losses or harm they endured. Liability is also another issue when dealing with personal injury lawsuits. In case the court concludes that the victim was at fault for the harm or accident, a modified comparative fault rule is applied. This rule reduces the compensation to be received by their share of accountability for the accident. Modified comparative fault rule also states that if the injured party is found to be more liable, then their right to recover damages in the suit is lost.
There are different elements of carelessness in a personal injury entitlement. It may come up due to defective products, wrongful death, motorcycle accidents, bus accidents, truck accidents, pedestrian and car accidents, professional misconduct, and other incidents. Most of these circumstances are not intentional but are a result of the carelessness of a given party.
There must be evidence that the damages resulting from the at-fault party's actions, which confirms that they did not meet their duty of care towards the victim. However, it should be established that the at-fault party owed the victim a duty of care and the breach of this duty was the direct cause of the victim’s injuries or damages.
Below, we will discuss the common personal injury lawsuits that our Lawtey personal injury attorney can help you file.
Wrongful Death
Wrongful death refers to a claim against an individual who can be held liable for the cause of death. Usually, this lawsuit is brought through civil action by close relatives or the immediate family of the deceased. In such a case, this cause of death is usually due to the negligence of another individual.
Members of the immediate family can successfully claim damages in such a lawsuit on condition that they can prove that they depended financially on the deceased. These members can include parents, children, step-parents, and spouses. Also, the deceased estate can file a wrongful death lawsuit through a representative of the estate.
Medical Malpractice
Medical malpractices cause significant percentages of cases of wrongful deaths. Any health institution must have the capability and capacity to provide and successfully deliver reliable disease diagnosis, treatment, and prescription. Any errors that might arise due to the practitioners’ actions can, in the worst-case scenario, lead to wrongful death. This may be caused by:
- Birth injuries
- Defective medical equipment
- Wrong medicine
Many people ignore the importance of holding medical facilities and practitioners accountable for malpractice. This is because most of us do not understand the legalities and steps involved in holding such parties responsible. Additionally, insurance companies lure most victims into settling for less compensation, thereby thwarting any potential of filing a lawsuit against these parties. We invite you to get in touch with an experienced personal injury attorney to get in-depth information about how you can seek compensation for medical malpractice.
Airplane Accidents
Airplane crashes may arise as a result of two things, either due to the pilot's negligence or failure of airplane parts. Although these cases are quite complicated because of the different factors considered, the deceased's families have a right to file a lawsuit against the airline to receive compensation. The airlines' maintenance crew can be sued as well if the accident is caused by failure or improper functioning of the plane parts.
Car Accidents
Road accidents are the common causes of fatal and minor injuries in the country. Most of these accidents occur as a result of drunk driving, speeding, tired driving, among others. These causes are important in proving the liability of an individual when filing a personal injury claim. Other parties can be held liable, including Government agencies (such as in dangerous road conditions) and manufacturers (such as defective tires, seatbelt failure, brake failure, among others).
Most accident victims are overpowered by the experience of insurance adjusters in negotiating for settlement claims, leading to unfair settlements that might not offset your medical bills. Remember that you do not have to rush to accept a settlement because you may suffer injuries (such as brain damage) that could be discovered later. If you settle things out with an insurance company and injuries or damages are discovered later, you may not have a legal leeway to seek further compensation. That is why we advise accident victims to contact an experienced Lawtey personal injury attorney as soon as they are injured to help explore the right course of action. The attorney should deal with insurance adjusters and other parties as you concentrate on healing.
Types of Injuries in Motor Vehicles Accidents
There are different types of car, truck, bus, or motorcycle accidents which usually define the kind of injuries one suffers from. For instance, a head-on crash is fatal in that one can have head and brain injuries, spinal cord injuries, soft tissue injuries, and severe deep cuts. Rear-end crashes can result in whiplash, and fatal crashes are most likely to result in deaths, burns, and cranium injuries. It is advised that as soon as one starts to experience symptoms after an accident, they should see a doctor for their health and safety.
In some cases, it has happened that some types of harm are hidden in x-rays. Without pursuing medical attention early and claim reprieve for your medicinal charges, you may not be paid. However, the insurance companies will disagree with your claims if you did not seek medical attention at the time of the accident. People in car, truck, bus, and motorcycle accidents can receive compensation for medical bills, lost salaries, pain and grief, deformity, and infirmity, as well as the loss of their standard life. Bus accident claims are more complex than other motor vehicle lawsuits. Hence the reason why bus drivers must be well trained and must have a license.
Federal safety requirements must be considered since most busses do not have seat belts, and their size is likely to cause death and harm in accidents. When a person is injured in a bus accident, the bus company usually gives out claim cards, and they also account for the medical bills. In a truck accident, more severe damages are seen, and more companies get involved than they seem. However, a truck driver is held accountable for the accident for so many reasons. When one is involved in a truck accident, they are legally allowed by the county's laws to pursue claims. They must have agonized an injury, been convoluted in a disaster for the past three years, along with involvement for them to be compensated.
Truck Accidents
Truck accidents can prove to be deadly, especially when there are many people involved in the situation. Such accidents might be caused by distractions, reckless driving, over speeding, or even malfunctioning of the truck parts, to name but a few. Other reasons may include unsafe weather conditions, which reduce visibility where the driver's sight is limited.
If a truck is involved in an accident, its weight can cause extensive damages not only to the people but also to the environment. The costs incurred may last long, which means that such accidents are financially depressing. These cases are high when it comes to colossal transport companies like those offering courier companies.
When it comes to truck accidents, lawsuits are somehow complex because of the multiple entities that are involved. For example, a truck may have been insured by more than one company. Besides, casualties and the damages caused to the environment may prove costly, which requires the company to change its strategies.
When a truck is involved in an accident, compensation can be claimed. For this to be achieved through the legal platform put in place, one needs to seek the services of a Lawtey Personal Injury Attorney. They may be required to present the relevant information, such as driver's information and the possible medical record.
Pedestrian Accidents
A pedestrian can be defined as a person walking along the road where vehicles are passing too. It is accurate to deduce that pedestrians are always at risk, especially when colossal traffic is involved. This is usually because a pedestrian has no control over the vehicles on the road. Even if they decide to follow the road instructions and obey the traffic signals, they are at risk of being involved in accidents because the vehicles are machines, and their behavior/movement cannot be predicted.
According to research conducted in the year 2019, approximately 76,000 pedestrians suffered from personal body injuries after being involved in road accidents. This may be a result of crossing the roads carelessly, driver's negligence, poor and unmaintained paths to name but a few. Although the state of Bradford has laws that have been put in place to protect the pedestrians as victims, it is their responsibility to pursue the damages if an accident arises.
There are cases where pedestrians have been intimidated by the defense insurers to drop the claims because of a lack of knowledge on the same. However, through a Lawtey Personal Injury Attorney, one can successfully claim compensation for bones that have been broken, brain injuries, dental injuries, facial injuries, to name but a few.
Bus Accidents
Buses are heavy and large vehicles that carry commuters or students across towns and cities. Since coaches take a large number of people, there are huge risks involved when an accident occurs. It is important to note that bus accidents may involve other motor vehicles or people. Either way, if one falls victim, there is a possibility of successfully claiming the city of Bradford.
When one is involved in a bus accident in the city of Bradford, he/she can make claims of the same by following the laws provided by the town. In such an event, one can only make claims or file a lawsuit requesting compensation for the costs incurred while treating and recuperating after an accident.
Since there are cases where more than one party is the cause of an accident, one might be required to analyze and come up with the best cause of action to take to get compensated. However, in Bradford, hiring a personal injury attorney may be the best way since they are available and ready to work on behalf of their people.
Motorcycle Accident
Of all the types of accidents discussed above, motorcycle accidents are the most deadly. It is accurate to say that a cyclist may be subjected to many risks than those faced by bus and truck drivers. In the United States of America, there were more than 5,000 motorcycle accidents that occurred in the year 2019. Motorcyclists, just as other drivers, should have information regarding their rights while operating them. This helps them in filing a possible lawsuit and getting compensated successfully through a Lawtey Personal Injury Attorney
Common causes of motorcycle accidents include lack of riding skills, poor visibility due to poor weather conditions, and high riding speed.
Find a Personal Injury Attorney Near Me
Although one may suffer extensive injuries after an accident, you can file a claim to take care of medical expenses and property damage with the use of a personal injury attorney. Give our Clay County Personal Injury Attorney team a call at 904-494-8242 and let us help you get the proper compensation for your injuries.
