Suffering from a personal injury can change everything.
In the blink of an eye, the course of your life can be altered inexorably. You can go from being healthy and free of debt and legal concerns to being seriously injured, disabled, facing serious debt, and beset by legal troubles.
This is a horrible outcome which no one deserves to suffer. Yet without the assistance of a qualified and capable personal injury attorney, far too many stories end up rife with all these horrifying details and more.
Suffering a personal injury can create serious crises. It’s easy to panic and lose hope in these moments, but it’s important to know that you don’t have to go it alone.
You are protected by your legal rights. But to exercise your rights, you need to have someone on your side who understands the law and can represent you as you focus on your recovery.
How Can A Florida Personal Injury Attorney Help Me?
The duties of a personal injury lawyer include handling all legal matters related to a personal injury case, providing the client with advice and legal counsel, and representing the client in communications, meetings, and court appearances.
Whether you’re just doing some exploratory research into possibly filing a personal injury suit, or you’re already embroiled in an ongoing lawsuit, a good personal injury lawyer will be able to review the details of your case, assess the situation, and provide their learned legal opinion on the matter.
Your personal injury attorney will handle all matters related to preparing your case. This might include gathering evidence, finding witnesses, filing legal documents, sending letters, and performing any necessary research.
The personal injury attorney will file suit. Once the suit is in progress, your attorney will represent you in negotiations with the defendant as well as in court.
What Types Of Cases Qualify For Personal Injury Claims?
If you or a loved one suffered an injury to their body as a result of the actions or negligence of a business or individual, you may have grounds for a personal injury lawsuit.
The situations and circumstances which result in personal injury lawsuits can be exceptionally varied. If you have an unusual situation which you’re not sure about, the best way to find out if it is a valid personal injury claim is to contact a personal injury attorney for a free consultation.
Some of the most common types of personal injury claims include:
- Car Accidents: One of the most common sources of personal injury lawsuits are car or truck accidents. These accidents often generate severe injuries and complicated legal liabilities which must be resolved in court.
- Workplace Accidents: Individuals who are injured while on the job are usually eligible to file a worker’s compensation claim, which can be a complicated legal process in itself. The worker’s compensation program is designed to reduce lawsuits between employees and their employers. This also applies to construction accidents.
- Slip and Fall Accident: Slip and fall cases occur when an individual suffers a fall on a property owned by another person or business and files a personal injury suit. If it can be shown that the fall was caused by the property owner’s actions or negligence, they may be liable for damages resulting from the fall.
- Dog Bites: If someone is injured by another person’s dog, the dog’s owners may be liable for damages caused by the dog attack.
If any of the above situations have occurred to a loved one of yours and it leads to their passing, you may be eligible to file a Wrongful Death claim.Florida has passed a Wrongful Death Act to ensure survivors of victims would not have to suffer the financial burdens of the loss of a loved one when someone else was at fault.
How To Prove A Personal Injury Case (The 3 Parts Of Negligence)
The majority of personal injury claims revolved around the concept of negligence.
A typical personal injury case usually involves one party which is negligent in their responsibilities. This negligence results in the injury of another party.
This could mean failing to fix a hazardous obstacle in a walkway, resulting in a slip and fall accident. It could mean a driver was driving while distracted and caused an accident which resulted in injury. The possibilities are endless.
While the details of negligence can be almost infinitely varied, there are three core principles used in legal reasoning to determine if a party behaved negligently.
Let’s imagine an example.
Say you go to the grocery store. As you enter the store, you look up and notice some water leaking from the ceiling. As you take a step forward, you slip in a puddle which has collected on the floor. You fall down, injuring yourself.
Was your injury a result of the store’s negligence? Let’s take a look at the three principles of negligence.
#1: Duty Of Care
Negligence implies that there was a responsibility which was not properly attended to. This is Duty of Care.
In our example, the grocery store has the responsibility of creating a safe walkway for its customers and employees to use.
To be found negligent, the store needs to have breached their Duty of Care which requires them to maintain a safe walkway.
In this case, it is clear that the inaction of the store in their failure to repair the leak, clean up the floor, or close off the section of walkway was a breach of their responsibility.
Finally, we have the question of causation. Was the injury we suffered at the grocery store a logical and reasonably predictable result of the grocery store’s negligence?
Because it is common knowledge that a wet floor creates unsafe walking conditions, it is clear that the grocery store should have been reasonably expected to understand that failure to clean the floor and repair the leak could result in an injury.
Therefore, the store was clearly negligent.
What Damages Can I Be Compensated For In A Personal Injury Claim?
Personal injury claims can include compensation for damages resulting from the accident, including:
- Medical expenses
- Physical therapy or rehabilitation expenses
- Lost wages
- Pain and suffering compensation
Can I Get A Free Consultation About My Personal Injury Case?
Absolutely! All of our initial consultations are completely free. You have nothing to lose by coming down to talk to us about your case.
What’s more, we happily work with our clients on a contingency basis which allows many clients to avoid ever paying out of pocket. All legal fees will be collected as a percentage of the final settlement or judgement.
Don’t let your financial situation stand in the way of getting quality legal representation. We want to hear from you.
Why not go ahead and schedule a consultation right now?
What is the workers’ compensation insurance program and how does it work in Florida?
In Florida, the workers ‘compensation insurance program is there to ensure that employers can pay compensation if one of their workers is injured while at work. Every business that employs more than 4 people must have this in place. Construction firms with just one employee must also do so. If you are injured in the workplace it is usually a good idea to contact a personal injury lawyer. They will guide you through the process of making a successful claim
What does Florida law say about wrongful death claims?
Florida law says that the descendants of a wrongful death victim have the right to compensation. The person or organization that was responsible for or whose negligence contributed to the death is the one that must pay this. The amount paid is designed to cover the loss of earnings across the remaining lifetime of the person who died. Medical and funeral expenses are covered too. As is suffering and compensation for loss of support. These cases are complex so you will likely need an attorney.
How does causation work in Florida’s personal injury laws?
In Florida, to be able to secure personal injury compensation, you need to prove that the actions of the other party led to your injuries. For example, a heavy box being stored at height in rickety, poorly maintained racking is obviously an accident waiting to happen. There is a good chance the racking will break, and the box will fall. If someone is hurt when that happens, causation is fairly easy to prove. An experienced personal injury lawyer will counter the other parties’ arguments against paying.