If you have suffered an injury, property damage, or any other form of loss due to the negligence of another person, you may seek compensation as provided by Florida law. The legal term for this form of payment is damages. There are two main types of damages available in personal injury cases: compensatory damages and punitive damages. Injuries due to negligence may occur in a wide range of circumstances. If you or your loved one has suffered injuries in Bunnell, Clay County Personal Injury Attorney can help you seek compensation. With an experience Bunnell personal injury attorney negotiating on your behalf, you will get the compensation you deserve.
Common Types of Personal Injury Cases in Florida
Personal injury cases may result in a wide range of circumstances. Some of the common forms of individual injury cases in Florida include:
Car Accidents
Car accidents are the most common causes of personal injuries in the United States. Establishing fault in a Florida car accident can be complicated. In Florida, fault depends on negligence. If a car driver is negligent and causes an accident, the negligent driver may be responsible for the damages. There are many forms of negligence when operating a vehicle. Negligence may occur if a car driver engages in careless driving and fails to pay attention to other drivers on the road. If a driver violates traffic laws, it may qualify as a form of negligence. In Florida, some of the negligent causes of car accidents include running the red light, texting while driving, engaging in distracted driving, speeding, and failing to yield right of way. It is also common for car accidents to happen when drivers operate vehicles under the influence of alcohol.
If you suffer injuries in a car accident in Florida, you have to prove various elements to be able to get compensation. For instance, you have to prove that the other vehicle driver or the defendant owed you a duty of care. It must be evident that the driver breached or failed to honor his/her duty of care. You must also prove that the negligence of the defendant was a significant contributing factor to your injuries.
It is not difficult to prove that the other driver owed you a duty of care. In Florida, a driver automatically owes a duty of care to all other road users. Duty of care requires a driver to be careful when operating a vehicle. The driver must evade obstacles, other vehicles, and pedestrians while driving. A driver also has to express the duty of care by ensuring that he/she controls the direction of the car.
Trucking Accidents
It is also common for personal injuries to occur from trucking accidents in Florida. If you get into an accident with a semi-truck or a tractor-trailer in California, you may suffer serious injuries and financial damages. If it is evident that the driver or the trucking operator was negligent in leading to the accident, you may be entitled to compensation. A trucking accident may occur due to the negligence of the truck driver or the trucking operator. A truck driver may be negligent for engaging in reckless driving and failing to follow traffic rules. At times, a truck driver may be under intense pressure/coercion to make deliveries and meet deadlines, and this may prompt negligent driving. Florida law has a limit on the number of hours on the road a truck driver should engage in. It is an offense for a truck driver to spend much time on the road in 24 hours. A truck driver should take a break in between driving shifts. If the trucking operator overworks the truck drivers and an accident occurs, the trucking operator may be responsible for the injuries.
Some of the specific forms of negligence that may lead to liability of the trucking companies include the overloading of trailers. It is unlawful for trucking companies to aloe overweight trucks to operate on the road. The trucking operator may be responsible for letting trucks carry unbalanced cargo, and it is also an offense to allow a driver to violate safety laws. Your Bunnell personal injury attorney can help you identify the party at fault.
The trucking operator must hire competent drivers and also train them. Negligent training or hiring of truck drivers may lead to liability on the side of the trucking operator. Trucks and trailers require proper maintenance to ensure that they are always in good working condition. If the trucking operator fails to maintain the trucks properly, an accident may occur, and the trucking operator would be liable.
Motorcycle Accidents
Florida is a state that attracts a wide range of motorcyclists from all over the world. It is common for motorcycle accidents to occur due to the negligence of different parties. Some of the parties that are likely to be liable in a motorcycle accident, including the driver, other motorcyclists, or even pedestrians. Certain factors may elevate the risks associated with motorcycle accidents, and the factors include failure to use a helmet and unlicensed riders. Alcohol impairment also increases the risks of motorcycle accidents.
Some of the leading causes of motorcycle accidents in Florida include vehicles pulling in front of motor vehicles. Accidents may also occur when motorcycles collide with stationary objects, including stationery curb, sign, or lamppost. It is also common for accidents to occur when vehicles merge into a motorcyclist's lane. Tailgating a motorcyclist is also a leading cause of the accident. Other common causes of accidents include loose gravel on the road, malfunctioning of motorcycle parts, and hazardous weather conditions.
Some of the common injuries in the case of a motorcycle accident include road rash and joint breakage. Some of the joints, which are prone to breakage, including pelvis, elbows, knees, hips, and fingers. Victims of motorcycle accidents also suffer neck and spinal injuries and head injuries. Head injuries may turn fatal if a rider is not wearing a helmet. Injuries like scarring, internal bleeding, loss of limb, facial disfigurement, and concussions are also common in case of an accident.
Injuries in a motorcycle accident tend to be severe because motorcycles do not have safety features like those of vehicles, for instance. There is no barrier between a motorcyclist and the outside world. In case of a collision with a vehicle, the motorcyclist may end up flying off the motorcycle and landing on the tarmac. The effects of this impact may be detrimental.
Bus Accidents
If a passenger, a pedestrian, or another driver suffers injuries in a bus accident, he/she may be entitled to compensation under Florida personal injury laws. There are several possible defendants in a bus accident in Florida. Some of the potential defendants include the bus driver or the bus supervisor. In the case of tour buses, the tour bus operator may be responsible. Other potential defendants include charter bus operators, other vehicle drivers, bus owners, and bus maintenance companies. If a bus accident occurs due to mechanical problems, the bus manufacturer or the bus part manufacturer may be to blame for the accident.
Injuries that occur due to bus accidents tend to be more serious than damages resulting from car accidents. Buses do not have safety features like seat belts and airbags often enjoyed by vehicle users. Bus passengers have no access to safety protections. On a bus, occupants may sit facing all directions. For instance, some passengers may face forward while others face sideways or on the rear. In some crowded buses, some passengers may even be standing instead of sitting. Therefore, if an accident occurs, a wide range of injuries that are unique in bus accidents often occur.
When a bus accident occurs, passengers may be thrown around and hit other seats, windows, passengers, or the bus floor. Some of the common injuries in bus accidents are head injuries, neck injuries, back injuries, and broken bones. It is also common for victims to suffer burn injuries, paralysis, crushing injuries, and loss of limb. To be able to seek compensation, you have to prove that the defendant owed you a duty of care. You also have to prove that the defendant breached his duty of care. It must also be evident that the defendant's breach of his duty of care led to the injuries you suffered.
Pedestrian Accidents
Personal injury cases in Florida also revolve around pedestrian accidents, the most common form of an accident being the pedestrian knockdown. A pedestrian knockdown may occur if vehicles fail to yield to pedestrians. Accidents may also happen due to bikes on the sidewalk. It is common for accidents to happen due to cars driving on the sidewalk. If you suffer injuries due to the negligence of another person, you may file a personal injury lawsuit and seek compensation. You may seek compensation for medical bills, lost wages, and pain and suffering.
Who is at a high risk of pedestrian accidents? Any person who walks on the sidewalk or through the parking lot may be at risk of a pedestrian accident. The injuries suffered in a pedestrian accident may depend on several factors, including the location of the accident and the cause of the accident. Even a simple pedestrian accident may lead to severe injuries. Some of the injuries that pedestrians are likely to suffer in case of an accident include facial trauma, broken bones, and concussions. It is also common for a person to suffer cuts, bruises, and lacerations.
Any person involved in a pedestrian accident may be prone to severe injuries. However, some people may be at a higher risk of injuries than others. Some of the leading risk factors for serious and fatal pedestrian knockdown injuries include children, older adults, and alcohol use.
Medical Malpractice
Medical malpractice refers to a negligent act or omission of an act by a health care provider while rendering professional services. You may seek compensation if the act or omission is the proximate cause of your injury. For you to seek compensation, the medical services must be within the scope of the services for which the health care provider is licensed to offer. The services involved must not be within any restrictions put in place by the licensing agency or a licensed hospital. Florida medical malpractice laws apply to a wide range of healthcare providers. The healthcare providers include doctors, chiropractors, podiatrists, psychologists, pharmacists, nurses, and anesthesiologists, among others.
A health care professional may be negligent if he/she fails to use the required level of skill, knowledge, and care that other health practitioners would use under similar circumstances. The healthcare provider should use the necessary standard of care when rendering services. For you to get compensation, you have to prove that you suffered injuries due to the defendant's breach of the standard of care. It must be evident that there is something the doctor should or should not have done, which led to your injuries.
Wrongful Death
Florida's wrongful death claim allows the family to recover damages when a loved one dies as a result of another person's wrongful act. Some of the damages that the plaintiff may recover include funeral and burial expenses. With the help of your Bunnell personal injury attorney, you may get compensation for the amounts that the deceased person would have earned as income. Also available is the payment for the loss of the deceased person's support and companionship.
Damages Available
Upon filing a personal injury lawsuit in Florida, you may be able to recover several damages. For instance, you may get a reimbursement for the costs you incur in seeking medical treatment. You may also get compensation for lost wages because you may have to stay out of work as you recover from the injuries. Other damages include loss of earning capacity because you may no longer be able to go to work or work as effectively as you did before the accident.
You may also seek compensation for non-economic damages, including pain and suffering, and emotional distress.
Punitive Damages
The court may award punitive damages if it is evident that the defendant was extremely negligent. Punitive damages are aimed at ensuring that the defendant suffers for his/her actions and to discourage the defendant from repeating the offense.
Find a Bunnell Personal Injury Attorney near Me
If you or your loved one has suffered injuries due to the negligence of another person, Clay County Personal Injury Attorney can help you seek compensation. You should contact one of our Bunnell personal injury attorneys to discuss your case. Contact us at 904-494-8242 and start the journey to seeking compensation.
