Florida laws allow victims of wrongful and negligent acts to recover compensation for both physical and emotional injuries suffered. If you or a loved one is a victim of another person's negligence, an intentional lawful act, or recklessness, you may be entitled to compensation. The Clay County Personal Injury Attorney is a reputable law firm that will help you seek compensation. Please reach out to our Asbury Lake Personal Injury Attorney to begin your journey of seeking rightful compensation.
Common Personal Injury Cases
There are many ways you can suffer injuries due to the negligence of another person. This gives rise to a wide range of personal injury cases. Some of the typical personal injury cases for which you can seek compensation will be discussed below.
Bus Accidents
When a passenger, a pedestrian, or another driver suffers injuries in a bus accident, the victim may seek compensation for the damages suffered. Most bus accidents occur due to a person's reckless actions or negligence. A bus accident may occur due to the negligence of the bus driver. In some instances, the bus operator or company may be liable for damages even if the company is not directly negligent in causing the bus accident. It is common for employers to be responsible for the negligence of their employees. Some of the possible defendants in a bus accident include the bus driver, bus operator, bus driver supervisor, bus manufacturer, and bus maintenance experts, among others. At times, you may be partially responsible for causing the bus accident. However, you can still seek compensation in accordance with Florida's comparative fault law. The damages you recover will be less your share of fault or negligence.
With the help of your Asbury Lake Personal Injury Attorney, you have to prove several elements. You have to prove that the defendant owed you a duty of care. Usually, a driver owes a duty of care to all other road users, including other drivers and pedestrians. You also have to prove that the defendant breached his/her duty of care. Finally, you have to prove that the defendant's breach of his/her duty of care substantially caused your injuries. The most common types of bus injuries in Florida involve school buses, tour buses, and public buses.
Truck Accident
Most truck accidents occur due to the failure of truck drivers to obey traffic rules or failure to exercise reasonable care while driving. A truck driver may be negligent in various ways, including driving under the influence of drugs or alcohol. A truck driver may also portray negligence through distracted driving, speeding, improper change of lanes, and failure to yield right of way. It is also an offense for a truck driver to text while driving.
If a truck accident occurs, the truck driver is at fault if it is evident that he/she was negligent. If the truck driver's negligence was a substantial factor in causing the crash, the truck driver might be liable for the damages suffered by the victims. Victims may recover economic damages, including medical bills, lost wages, lost earning capacity, and vehicle repairs. Victims may also recover non-economic damages, including loss of enjoyment in life, emotional distress, and pain and suffering.
A truck driver may be under a lot of pressure to work within set deadlines. For instance, the driver may be required to make strictly make deliveries within a set period. This pressure can contribute to negligent driving. Under Florida law, it is an offense for a truck driver to spend a significant portion of 24 hours on the road. Some truck drivers may report false information about the hours spent driving. A majority of truck accidents occur due to non-performance of truck drivers. The most common non-performance issue is falling asleep while operating a vehicle.
Car Accidents
According to Florida law, if a negligent driver causes injury or damage to another party, the negligent driver is responsible for the damages suffered. A car driver owes other road users a duty to use reasonable care while driving a car. Reasonable duty of care includes looking out for pedestrians, other vehicles, and obstacles when driving. Duty of care also calls for a car driver to control the speed and movement of his/her car.
Which damages can you recover if you are a victim of a car accident? You may get compensation for medical costs incurred in treating the injuries suffered. You may also get car repair, and replacement costs lost future earning capacity, and lost income for not being able to work. If your spouse suffers injuries in a car crash, you may seek a loss of consortium compensation. You are no longer able to enjoy companionship with your spouse due to the injuries suffered in the accident.
Upon hiring an Asbury Lake personal injury attorney, the attorney collects all the facts surrounding your case. For instance, the attorney will review the police report outlining what happened during the accident. The attorney may also review the insurance company report, interview eyewitnesses, inspect the scene of the crash, and examine all medical records. The attorney may go to the extent of involving experts like accident reconstruction experts. With a personal injury attorney on your side, you will get the compensation that you deserve.
Pedestrian Accidents
In Florida, it is common for pedestrians to suffer injuries in road accidents. The most common causes of pedestrian accidents include failure of vehicles to yield to pedestrians, bikes on the sidewalks, and vehicles driving on the sidewalk. It is also common for pedestrians to suffer injuries due to uncontrolled dogs, trip hazards, or other pedestrians.
If you suffer injuries due to the negligence of another person, you can file a personal injury claim to seek compensation. For a pedestrian accident in California, you can recover a wide range of damages, including medical bills, pain and suffering, and lost wages, among others. Even if you are not sure of whom to blame for the injuries, you can still file a claim with the help of a personal injury attorney. Talk to your Asbury Lake personal injury attorney to know who is responsible for your damages.
Drivers owe a duty of care to all pedestrians. One of the leading causes of pedestrian accidents is the failure to yield to pedestrians. Under Florida law, drivers should always yield right of way to pedestrians in a marked crosswalk or at an intersection. It is illegal for a motorist to drive in safety zones. There are some areas in Florida specifically set aside for pedestrians with no vehicular traffic. Any driver who accesses these areas and strikes a pedestrian is liable.
A driver may still be liable even when a pedestrian is not on the sidewalk. For instance, if a driver acts negligently and a pedestrian suffers injuries, the driver may be responsible. Some exhibits of negligence include running a stop sign, failure to yield, speeding, and driving under the influence of alcohol or drugs. A vehicle driver may also be liable for failing to give room to pedestrians boarding a parked vehicle.
Motorcycle Accidents
Over the past couple of decades, the percentage of motorcycle deaths in the United States has continued to grow. Every year, thousands of people lose their lives through motorcycle accidents, while others suffer detrimental injuries. Motorcycles are less visible to vehicles and are less stable. Motorcycle riders do not enjoy the safety of an enclosed vehicle. This makes motorcycle riders more prone to injuries in case of an accident. The risk of dying for a motorcyclist is 30 times higher than the risk of death of vehicle passengers.
Motorcycle accidents may occur in a number of ways. For instance, a motorcycle may collide with a stationary object like a lamppost or a sign. Vehicles pulling in front of a motorcycle are also a common cause of accidents. Accidents also occur when cars merge into a motorcyclist's lane. Tailgating a motorcyclist is also a leading cause of a crash.
Motorcyclists are subject to a wide range of injuries in case of an accident. The injuries include road rash, broken bones, head injuries, concussions, and loss of limb, scarring, facial disfigurement, and nerve damage, among other injuries. If you suffer injuries in a motorcycle accident, you should seek the assistance of a personal injury attorney to help you recover damages.
Medical Malpractice
A personal injury attorney may also help you file a medical malpractice personal injury claim. Medical malpractice refers to an act of negligence or an omission act by a health provider in offering professional services. You may sue for negligence if the act or omission of the medical care provider is the proximate cause of your injury. You can sue a wide range of medical practitioners for your damages, including doctors, chiropractors, nurses, psychologists, pharmacists, or hospitals.
Which damages can you recover in a medical malpractice lawsuit? You can recover a wide range of damages, including medical bills, home health care, and lost wages. You may also recover lost earning capacity, physical and occupational therapy, and non-economic damages like pain and suffering.
Your personal injury attorney can help you recover punitive damages in a medical malpractice lawsuit. You may recover punitive damages if it is evident that the defendant committed a crime of oppression, fraud, or malice against you. It must be apparent that the defendant's conduct was despicable. It must also be evident that the defendant acted intentionally or with willful and conscious disregard for the safety of others.
Wrongful Death
If your loved one has died because of another person's wrongful act or negligence, you can recover damages under Florida law. Damages for wrongful death may include but are not limited to the burial and funeral expenses of the deceased. You may also recover income that the deceased would have earned were it not for the accident. You may also get compensation for the lost companionship and support from the deceased.
With the help of an Asbury Lake Personal Injury Attorney, several family members can file a wrongful death claim. They include the spouse of the deceased, registered domestic partner, and children of the deceased. If the children of the deceased are not alive, the grandchildren of the deceased may file a lawsuit. Any person who would have been entitled to the property of the deceased under Florida law may file a wrongful death claim.
A wrongful death may result from a wide range of negligent acts, including car accidents, pedestrian knockdowns, murder or manslaughter, drowsing, child abuse or neglects, and elder abuse or neglect. A wrongful death may also result from slip-and-fall accidents and medical malpractice.
Wrongful death damages compensate heirs/surviving family members for the support and value they could have expected to receive from the deceased if the deceased would have lived. The damages may include both economic and non-economic damages.
Slip-and-Fall Accidents
You may also seek the services of a personal injury law if you are involved in a slip-and-fall accident. It is important to note that not all falls lead to slip and fall liability. To recover damages, it must be evident that the fall occurred due to the negligence of another person. A person can be liable if he/she knew or through the exercise of reasonable care should have known about a hazardous condition on a property that he/she owns. The person may be liable for failing to repair, give adequate warning, or protect against the occurrence of the fall.
There are many causes of slip and falls, and they include plumbing leaks, loose carpeting, spills, uneven floors, broken furniture, or missing rails. People owe a duty of care in Florida to protect people who enter their property from harm. This duty of care applies to people who may own, occupy, lease, or control the property.
To get compensation for a slip and fall accident, you have to prove several elements. You have to prove that the defendant owner, the lessor, occupant, or the one who controls the property. You also have to prove that the defendant was negligent in the use or maintenance of the property. You have to prove that you suffered harm by slipping or falling on the property. It must be evident that the negligence of the defendant was a substantial factor in causing you harm.
Contact an Asbury Lake Personal Injury Attorney Near Me
If you are seeking to file a personal injury lawsuit in Asbury Lake to claim damages suffered due to the negligence of another party, the Clay County Personal Injury Attorney can assist. Contact us at 904-494-8242 and speak to one of our attorneys today. We will be happy to help.
