FLORIDA LAW
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Personal injury attorneys handle all types of cases concerning a person who has suffered injuries due to the negligence, recklessness or intentional actions of another party.
Some of these cases may include motor vehicle accidents, premises liability, product liability, medical malpractice, workers’ compensation, assault, sexual assault, nursing home abuse and neglect, wrongful death and catastrophic injuries.
Motor vehicle accidents include a wide range of vehicle types in which someone is left with injuries and other damages. These situations are often caused by negligence, errors or recklessness. Sometimes, a motor vehicle accident is due to other factors such as a defective component or design defect.
Car accidents rank as the leading type of personal injury case involving motor vehicles. If a collision occurs and a person suffers injuries and damage to their car, they can file a personal injury claim. Depending on the state and whether it follows fault or no-fault laws, the lawsuit can be filed against the at-fault driver or their auto insurance company. Sometimes, these cases are cut and dry, but others are more complex due to various factors. If necessary, a personal injury attorney can have an investigation team determine how the accident occurred.
Truck accidents are one of the most complex personal injury cases. There are different factors that lead to a truck crash, and it’s not always clear who is at fault. Depending on the circumstances surrounding the cause of the truck accident, the truck driver, trucking company, third-party, cargo loader or manufacturer of a component might be liable. In some cases, the trucker and trucking company may both be liable for a truck crash.
Victims of truck accidents often suffer debilitating, catastrophic injuries. Although some can recover with extensive medical care and physical therapy, others may not be so lucky and can be left permanently disabled or disfigured. Sadly, some people die from injuries sustained in a truck accident.
Personal injuries stemming from motorcycle accident cases are often catastrophic due to the open design of the vehicle. Riders can be thrown and suffer a variety of injuries. If a person fails to wear a helmet and ends up in a motorcycle accident, they can be left with traumatic brain injury or even killed.
There’s a common misconception that motorcycle accidents are usually the fault of the rider. However, most are due to drivers of larger vehicles either not seeing the motorcycle or failing to take precautions while sharing the road with riders.
Bus accident cases are often complex because different parties might be liable when passengers suffer injuries. Depending on the situation, the at-fault party could be the bus driver, bus company or even a government entity. These cases involve different responsible parties based on whether the bus is publicly or privately owned.
Hit and run accidents resulting in personal injury are devastating. Drivers are legally required to stop if they hit another vehicle regardless of whether there’s a person inside. These accidents are complicated due to victims often not getting enough information to track down the offending driver. Some people are lucky to be able to recall the make, model and color of a vehicle that hit them, or even part of the license plate number, but this is rare. Usually, the shock of a hit and run accident is so jarring that the victim doesn’t have much reaction time or the ability to take in the information they need.
Hit and run accidents typically require the victim to file a claim with their own uninsured and underinsured motorist coverage through their auto insurance policy. Sadly, in some cases, people don’t have enough coverage and end up having to pay a portion of their damages out of their own pocket.
Drunk driving accidents can be serious and leave victims with catastrophic injuries. If you’re involved in such an accident and only have minor injuries, you should consider yourself lucky. Nonetheless, you still have a right to file a personal injury claim against the driver, who will probably also face DUI charges.
Usually, when a person suffers personal injuries in a bicycle accident, it’s because they were struck by a larger vehicle. In many cases, when this happens, it’s because the driver wasn’t paying attention or disregarded the cyclist. This is similar to situations involving motorcycle riders. Depending on the area, cyclists sometimes lack their own designated bicycle lanes, which creates a problem when they have to share lanes with cars and other larger vehicles.
There are also some unique challenges bicyclists face while on the road. For example, a dooring accident happens when a driver abruptly opens their door just as a bicycle is approaching. The cyclist could end up crashing into it and fly off their bike or veer away to avoid the car door, landing in the path of traffic.
Scooter accidents commonly occur when the device has a defect in its design or manufacture. Cheap scooters made in China often have problems and might malfunction, leaving the rider suffering injuries. In some cases, a person riding a scooter might crash into a pedestrian and cause them to suffer personal injury.
Those who ride scooters also have a much higher chance of being seriously injured if they fail to wear a protective helmet. Some scooter accidents occur when the rider travels over bumps in the road or obstacles like manhole covers.
When a person is injured in an accident involving an Uber vehicle, there are different situations that might apply. Factors depend on the state and whether the Uber driver is considered an employee or an independent contractor. If the driver was on duty during the accident, the rideshare company’s insurance policy would cover the costs of the victim’s injuries and damages. If the driver was not working, their personal auto insurance coverage would have to apply. Unfortunately, that’s often not enough to cover the victim’s damages.
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Premises liability cases involve accidents or incidents that happen on a property and leave victims injured. Often, this is due to a known unsafe condition on the premises that the property owner or manager should have addressed with repairs or warnings.
Dog bites or attacks are another example of premises liability cases. Pet owners can be held liable if their dog bites someone and causes injury. Depending on the state where this occurs, there might be a one-bite law or strict liability situation. The one-bite law means that the owner is liable if their dog previously bit or attacked someone while strict liability means the owner is automatically liable even if it’s the first time their pet has bitten someone.
Slip and fall accidents fall under the premise liability category and can leave victims seriously injured. Property owners have a duty to keep their property in safe conditions to prevent a potential slip, trip and fall accident. Some of the most common ways people suffer injuries this way are because of slippery, sticky or wet floor conditions, uneven surfaces, worn carpeting or rugs, stairways in disrepair, clutter on the floor or poor lighting conditions. The outdoor portion of the property must also be kept in good condition so people can safely walk without suffering a fall. If it snows and ice forms, the property owner or manager is required to clear away the dangerous condition to prevent accidents.
When a person suffers a personal injury while properly using a product, they can file a product liability claim for damages. There are different potential liable parties in this type of case: the manufacturer, the seller, the designer or another party. It’s common for more than one party to be liable when a defective product causes injury to a consumer. Injuries can occur due to a defect in a product’s design, function and other areas. A failure to warn can also warrant a lawsuit against a specific party that knew the product could cause harm.
Many drugs are prescribed to treat medical conditions, but when they have adverse effects on patients’ health, it can lead to serious injuries. Whether or not the harm is reversible, the victim or their family has the right to file a product liability case against the pharmaceutical company. In some cases, the claim can also target a doctor who knew about the potential for serious side effects but failed to warn the patient.
Sometimes, after a patient has undergone a procedure to have a medical device implanted in their body, that device can later malfunction and require additional treatment. One common case revolves around defective hip replacements. Patients who received them needed new surgeries and the device was recalled. However, patients were left with worse injuries due to the defective hip replacements.
Defective products can lead to serious injuries. If a person uses a product in the way it’s intended to be used and suffers harm, they can file a lawsuit. With the help of their personal injury attorney, they can ensure that the claim is filed against the proper party or parties.
Medical malpractice claims often follow special rules. Not all medical mistakes are considered medical malpractice. However, when a doctor or other medical care provider acts in a negligent or reckless manner and it leaves a patient injured or suffering some other type of harm, it constitutes malpractice. Personal injury attorneys that specialize in this type of case can help determine the best time to file a lawsuit. Medical malpractice has varying statutes of limitations, but generally, this ranges from one to three years based on when the injury was realized.
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Workers are entitled to workers’ compensation benefits when they sustain on-the-job injuries or illnesses. Although the laws differ depending on the state, most employers must carry workers’ compensation insurance in the event that employees have accidents resulting in job-related injuries or develop illnesses due to exposure to toxic hazards. If an employer denies a worker the ability to file when their injury or illness is directly related to their job, they can file a claim. Personal injury attorneys who specialize in workers’ comp cases can help.
Assault is a unique type of injury case. Although many think it means the act of hitting, kicking, punching or spitting on someone, a person can be charged with assault if they make threats that instill fear of imminent bodily harm in a victim.
Sexual assault includes a wide range of sex offenses. In some states, it’s a separate offense from rape, while in others, it includes that crime. A person suffers injuries and damages if they are sexually assaulted through unwanted sexual contact or when they have not consented. Sexual assault can also include statutory rape, which involves a minor victim.
When a child is sexually abused, it can leave deep-seated emotional and psychological scars for the rest of their lifetime. Personal injury attorneys can fight to hold the abuser accountable.
A person can suffer serious injuries from physical assault regardless of who commits the crime. Sometimes, the assault is done by someone known to the victim such as in the case of domestic violence. Usually, this offense is considered assault and battery and involves a verbal threat as well as a physical attack.
Nursing home residents are some of the most vulnerable victims. Sadly, they can suffer personal injury as a result of nursing home abuse or neglect. When an elderly person has suffered, their family members have the right to hold the nursing home or offending staff member accountable.
When nursing home residents suffer abuse, their physical and mental health can suffer. Injuries to elderly victims are usually serious and sometimes life-threatening. Facilities are obligated to ensure that residents are properly cared for and treated with respect. If abuse occurs, the nursing home may be liable for the damage.
Nursing home neglect occurs for different reasons: the facility might be understaffed, leading some residents to fall through the cracks or because staff members deliberately neglect residents. In either case, it can result in victims suffering injury or some other harm.
Premises liability accidents can leave visitors and other parties who have lawful reasons to be on a property dealing with injuries. These accidents often occur at places of business when there are many people on the premises. Landlords or employers can be liable for injuries.
Employers must provide workers’ compensation to employees who suffer injuries at work. If another party comes in and suffers an injury, they also have the right to recover damages as long as they have a legal right to be there. This could be a customer, client, business associate or someone else.
Construction work is one of the most dangerous professions. Employers or site managers must provide workers with safety equipment to prevent serious personal injuries. Unfortunately, accidents are common and workers do get injured. If the property safety measures are not in place, an injured worker can file a personal injury claim.
Wrongful death occurs when a person dies as a result of someone else’s negligence, recklessness or intentional act of violence. The family is left devastated and has to pick up the pieces of their life. Depending on the state, the family or the decedent’s personal representative can file a wrongful death lawsuit against the at-fault party. Action can be taken if the victim would have had claim to file for personal injury had they lived.
Catastrophic injuries are those that can leave victims permanently disabled, their lives forever changed as a result. Traumatic brain injury, spinal cord injuries and severe burns are some examples. People can suffer these injuries in a variety of ways: accidents and deliberate violent acts. They have the right to claim compensation for what might be a lifetime of medical care and other damages.
Personal injury law is a specific legal area that allows victims who suffer injuries due to the actions of another party to file lawsuits against that party to recover compensation. These are civil claims that aim to compensate victims for damages like medical expenses, lost wages, pain and suffering, emotional distress and property damage. Depending on the situation, some cases allow for punitive damages as a way to punish the defendant.
Often, a person suffers personal injury in an accident caused by someone else’s negligence.
Not all accidents warrant a personal injury claim. For example, a minor fender bender can leave a person untouched.
If someone is injured in an accident caused by another person, they have the right to file a personal injury claim against that individual.
In a successful personal injury claim, you can recover compensation for your medical expenses, ongoing treatment including rehabilitation, equipment, physical therapy, surgery and more, lost wages, lost earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, property damage and more.
Many personal injury victims end up with out-of-pocket expenses toward their medical treatment and property damage. Medical bills are some of the heftiest in cost, but a successful personal injury claim can compensate them.
Many parties can be defendants in personal injury lawsuits. Who is on the receiving end of the suit depends on the type of case. For example, in a workplace injury case, the person’s employer would be the defendant. In a case involving physical assault, the defendant could be anyone, someone known or even unknown to the victim. In a car accident case, the defendant would be another driver.
If you have suffered a legitimate personal injury and someone else caused an accident or unsafe conditions that directly led to your injuries and other damages, you have a valid claim against them. A personal injury attorney can help you know whether this is the case.
Car accidents, slip and fall accidents, medical malpractice and assault and battery rank as some of the most common types of personal injury cases.
Personal injury lawyers receive contingency fees for their services if your case is successful. They will take between 33 to 40% of your settlement if you win. However, if you lose your case, you don’t have to pay.
Need free legal help in Florida?
We specialize in personal injury claims.
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