Injuries and accidents are some of the things no person would wish to go through. It is because of the financial burden they impose on the victim and their family. However, there are so many cases of personal injuries resulting from accidents on the roads, workplaces, and even in places of residence. No one is ever prepared to handle an accident or an injury. But the good thing is that Florida laws allow victims of negligence and their loved ones to pursue compensation for all the damages incurred after an accident or injury.
At the Clay County Personal Injury Attorney, we offer the help and guidance you need in pursuing compensation against the liable party. If, therefore, you have been injured in Bradford County, get in touch with an experienced Starke Personal Injury Attorney for a smooth process.
An Overview of Florida Personal Injury Laws
If a person was injured in the state of Florida, and they have enough reason to believe that another person caused their injuries, that person is eligible for compensation under Florida personal injury laws. However, it is crucial for such a person to be familiar with these laws and to know how they could affect their claim. For example, the injured person will be required by law to prove how another person's negligence caused an accident, which caused those injuries. After an accident, the most important thing to do is to determine the actual cause of the accident. It helps in deciding whether or not another person was responsible for the accident.
There are so many ways in which people in Florida suffer personal injuries. The majority of these injuries result from traffic accidents. Others are caused by medical malpractice and bicycle accidents. When it comes to auto accidents, Florida is a no-fault state. It means that every motorist in the state should have an insurance cover that will be used to cater for all their injuries and damages in the event they are involved in a car accident. However, an injured person can still file a personal injury claim against a negligent motorist or another party if you have sustained severe injuries in an auto accident.
Serious injuries, in this case, are those injuries that result in any of the following:
- Permanent injuries
- Permanent or significant disfigurement or scarring
- Permanent or considerable loss of the functioning of the body or body part
- Death
Florida personal injury laws also allow an injured person to file a product liability claim if a defective consumer product caused their injuries. In these kinds of applications, the state's strict liability laws apply. It is because the law imposes a duty of care on manufacturers to produce safe products for consumers. If the product is not secure and has harmed a consumer, the consumer will be eligible for compensation by the alleged manufacturer.
Personal injury laws in Florida are based on a theory of negligence. Negligence is believed to occur when a person's conduct is below the standard allowed of a reasonably prudent person, and this conduct causes another person harm. To prove that the other party was negligent, the plaintiff will have to prove that the defendant owed them a duty of care. The court will then want to know how he/she breached that duty. Lastly, the plaintiff will demonstrate how the defendant's conduct caused them harm, which caused them to incur damages.
To understand Florida's personal injury laws better, it is advisable to work closely with an experienced personal injury attorney. An experienced Starke Personal Injury Attorney will not only help you understand your options but also take you through the process to ensure that you get the compensation you deserve.
Types of Personal Injuries We Cover
An experienced personal injury attorney will be able to handle a wide range of personal injury cases, such as the following:
Wrongful Death
Some personal injuries in Florida result in the death of one or more people. The law allows the family of the bereaved to file a wrongful death lawsuit against the responsible party, whether it is an individual or the company. Death in such a case could have resulted from the responsible party's negligence, recklessness, and deliberate actions. The law allowing immediate family members to file a civil suit against responsible persons for the wrongful death of their loved ones is provided under the state’s Laws 768.16 to 768.26. These laws allow the personal representative of the bereaved person’s estate or their surviving family member to receive monetary compensation for the losses incurred after the death of their loved one.
Section 768.19 of Florida Wrongful Death Laws allows a person to file a claim wrongful death under these conditions:
- There must be proof that the responsible party's conduct constituted negligence, default, illegal act or breach of warranty or contract
- That the responsible party’s conduct, on which this case is based, is what resulted in the death of another person
- That the defendant’s conduct could have allowed the person to file for compensation even if their death had not occurred
The help of a personal injury attorney in such a case is necessary if you want to prove the three elements above to win the case.
Car Accidents
As mentioned above, the state of Florida is a no-fault state. It means that the law will not allow the injured to sue another motorist for injuries sustained in an accident, unless in cases where the injuries were severe. Even if the other driver was negligent, all motorists in the state are required to have a Personal Injury Insurance Protection to cater for all the damages incurred.
However, in case of a severe accident that has resulted in severe injuries such as paralysis, traumatic brain injury, and spinal cord injuries, it will be essential to get in touch with a Starke Personal Injury Attorney as soon as possible. This way, you will be able to file a suit against the negligent motorist before the time-frame provided by the Statute of Limitations runs out.
There are many ways in which a motorist can be careless enough to cause a severe accident. The most common ones include:
- Driving under the influence of drugs or alcohol
- Distracted driving, for example, driving while using a mobile device
- Negligence, such as speeding or making wrongful turns
The state uses comparative negligence laws to award damages in cases where the plaintiff is partly to blame for their injuries.
Truck Accidents
Truck accidents in the state of Florida are quite common, and they are among the leading causes of severe injuries and fatalities. Most people will expect truck accidents to be dealt with the same way as car accidents, but truck accidents are quite different. It is because tricks have several insurances, and commercial operators drive most of them. Due to the bulkiness and heavy nature of commercial vehicles, their accidents can be catastrophic. Again, most trucks carry hazardous products like petroleum, which could accelerate the damages in the event an accident happens.
There are many causes of truck accidents in the state, with the most common ones being:
- Inadequately trained and experienced truck driver. Truck drivers need special skills to operate a commercial vehicle safely. A driver with poor driving techniques and one who is unaware of the safety precautions in operating a commercial vehicle is more likely to cause an accident
- Speeding or hasty driving: Truck drivers rely on a compensation system that maybe pays them according to the number of miles they cover within a specified period. To be paid more, the driver may result in speeding or driving hastily. Trucks should be driving carefully because they are heavier than other vehicles
- Fatigue: Some commercial drivers are forced to work for long periods without taking a break. Exhaustion makes one less careful while on the road, and this could result in an accident
Again, a person who has suffered injuries as a result of a truck accident will need the help of an attorney to prove their case.
Pedestrian Accident
It is not just motorists who suffer injuries in road accidents; pedestrians too are injured, and their injuries could be more serious. A motorist that is driving under the influence or one that is destroyed could veer off their lane and hit a pedestrian that is walking on the side of the road. Some drivers refuse to stop when the stop sign shows up, and others refuse to give way when traffic is dense. Other pedestrian accidents result from their carelessness, for instance, when a pedestrian crosses the road on another spot other than the crosswalk.
If you have suffered injuries in a pedestrian accident that was caused by another person, get in touch with a Starke Personal Injury Attorney. He/she will explain your options and help you prepare the necessary documents to file a legal suit against the responsible party.
Bus Accidents
Bus accidents are also common in the state of Florida. They are also quite devastating and will leave the injured person suffering physically, emotionally, and even mentally. The unexpected medical expenses after any kind of accident are what leave the injured feeling financially burdened. Getting help from an experienced personal injury attorney will ensure that you are getting the compensation you deserve to move on with your life after the accident.
The biggest issue when it comes to seeking compensation after getting involved in a bus accident is dealing with the insurance company. Insurers will not be willing to give you maximum compensation for your damages. But an experienced Starke Personal Injury Attorney can help you with that.
Motorcycle Accidents
Motorcyclists are quite vulnerable when on the roads, mainly from motorists because of the little protection they enjoy. A motorist can be protected from severe injuries by the safety measures installed in their car, but a motorcyclist does not get to enjoy such protection. For that reason, injuries sustained in a motorcycle accident can be severe. There are many causes of motorcycle accidents in Florida, with most of them resulting from negligence on the part of the motorcyclists themselves or motorists and other road users.
An experienced personal injury attorney will help you determine the actual cause of your accident, to be able to determine the liable party.
Medical Malpractice
Medical healthcare providers such as nurses, doctors, physical therapists, and surgeons owe a duty of care to every patient who visits their medical facilities for diagnosis or treatment. Unfortunately, many patients have suffered injuries in the hands of these professionals. Medical malpractice can occur in so many ways, including misdiagnosis, delayed diagnosis, surgical error, anesthesia error, and negligence during childbirth, among others.
If you have suffered injuries in the hands of a medical professional and you believe that your injuries resulted from their negligence, you can pursue compensation for all the damages incurred. A personal injury attorney will help you come up with a compelling lawsuit that will get you all the compensation you deserve.
Types of Compensable Injuries
The types of compensable damages you include in your personal injury claim are determined by the kind of accident you have suffered. Generally, there are three types of compensable damages:
- Economic damages: These are for instance medical expenses, property damages, lost wages, and reduced earning potential
- Non-economic damages: These are for instance suffering and pain, emotional distress, loss of life enjoyment, and loss of affection or companionship in case of wrongful death
- Punitive damages: The civil court awards these as a way to punish the negligent party and to caution others against similar recklessness. A smart attorney will be able to demonstrate that the defendant's actions were reckless, grossly negligent, malicious, or intentional to ensure that their clients are getting the punitive damages as well.
Find a Personal Injury Attorney Near Me
Florida's legal system is not very easy to navigate, especially by someone who has not gone through the system before. That is why it helps to work with an experienced personal injury attorney if you have been injured and would like to pursue compensation. Getting an experienced Starke Personal Injury Attorney is the first step in ensuring a smooth legal process. Call our Clay County Personal Injury Attorney team at 904-494-8242 and let us work with you for the best possible outcome.
