A personal injury is a legal term used to describe an injury to the body, mind, and emotions of a person. If you’ve suffered a car accident, dog bite, slip-and-fall, or any other such incident, and have cause to believe that someone else is responsible, the Personal Injury laws in Florida have provisions for you to pursue compensation. However, before you do, you must prove to a court that the injury was directly caused by the defendant’s carelessness and negligence.
Negligence is the focus of almost all personal injury cases in the country. In Florida, the court goes back to the statutes to determine the elements of the crime. After making these considerations, the court is now in a position to rule on whether or not the defendant is liable to the plaintiff’s injuries. If you are injured and need help in filing a lawsuit in Jacksonville, Duval County, please get in touch with us at the Jacksonville Personal Injury Attorney.
Negligence
Negligence refers to a party absconding his responsibility to take proper care of something else. This is the central focus of most personal injury cases. If you’re looking to get compensated by the defendant, you’ll have to demonstrate that their negligence resulted in whatever accident it was that caused your injuries. A person can only be considered negligent if there is proof that:
- they were responsible for the plaintiff’s well-being
- they absconded this responsibility
- the plaintiff was injured when this responsibility was breached.
The court will seek to get to the bottom of the matter by looking for a direct connection between the defendant’s misdeeds and the plaintiff’s personal injuries. The plaintiff must be ready to provide proof of suffering.
For you to prove all this before a court of law, you must be well-versed with Florida’s personal injury laws. You must also gather enough evidence to prove the defendant’s negligence.
This is why it is important to hire a competent personal injury lawyer. Such an attorney knows what it takes to file a legal claim against the negligent defendant and will help you receive compensation without any unwarranted delays. They will also know the sorts of documents you need, depending on the kind of personal injury case yours is, and when they need to be filed.
Your lawyer will also help you gather all the evidence you need to prove the defendant is liable for your injuries. They will go to the scene of the accident, talk to witnesses and come up with credible eye-witness accounts. They can also involve experts to analyze the crime scene to determine who was responsible. This will help you build a strong case against the defendant.
Personal Injury Cases a Personal Injury Lawyer Can Help You Win
There are a variety of cases that a personal injury attorney in Florida can help you handle. The most common of these are:
- Wrongful Death
This is a civil claim that is filed when one person’s unlawful act of negligence leads to the death of another. Florida Statutes allow the estate of the deceased person to bring a civil suit to a court of law if this death was caused by a breach of agreement, wrongful act, or negligence on the part of the defendant. (Section 768.19)
The purpose of such a claim is to seek legal redress for the death. It is also aimed at covering the losses that may have arisen from it.
According to the laws of Florida, only a personal representative of the estate is allowed to bring forth an illegal death lawsuit. Such a representative could have been named in the deceased’s will or estate plan. If these aren’t available, the court has the mandate to appoint a personal representative.
The proceeds of a wrongful death suit could go to any one of the following:
- the parents, spouse, and children of the deceased
- the deceased’s blood relatives
- an adoptive sibling who relied on the deceased for resources and support
In Florida, the statute of limitations for bringing forth a wrongful death lawsuit is two years. Retaining a capable and diligent Jacksonville personal injury attorney will help you receive the compensation you deserve long before time runs out.
- Car Accidents
When it comes to personal injuries sustained from car accidents, Florida is a no-fault state. This prohibits anyone from suing another driver, even if this driver was entirely at fault. This means that if such a crash occurs, the involved parties will have to turn to their own insurance providers to cover any injuries and damages they may incur.
Every driver is required by the state to carry a personal injury protection policy of a minimum of $10,000. This amount of money will be enough to cover any damages should you get into a small accident. If the damages and medical costs stretch beyond the limit of your insurance coverage, you may have to reach into your own pockets or turn to your medical insurance company.
However, there are exceptions to this rule. If the other driver was negligent, or if the accident resulted in permanent body injuries or death, there are provisions in place for a personal injury suit to be filed.
- Truck Accidents
Truck accidents are quite common in the state of Florida and are a significant cause of personal injuries. There are a variety of truck accidents, including overrides, under-rides, cargo spills, and runaway tricks. Truck accidents have many causes, and their results could be life-changing, damaging, and devastating.
Hiring an efficient lawyer will make it easy to figure out the cause of such an accident, making it possible for you to pursue compensation comfortably.
If you’ve been involved in a truck accident, here are some of the damages you can be compensated for:
- Lost wages
- Medical expenses
- Estimated future medical costs
- Pain and suffering
- Inability to earn an income post-accident
- Permanent disability, scarring, or disfigurement
- Pedestrian Accidents
In the state of Florida, most pedestrian accidents occur due to how recklessly and carelessly some motorists conduct themselves. Such collisions result in grievous bodily harm, which may change the victims’ lives for good. As if this isn’t enough, they might also be left with massive hospital bills to foot.
Sometimes, the victim may have to be admitted for a long time or may lose their mobility, making them unable to return to work. This would make it impossible for them to pay their medical bills, or earn a living and take care of their dependents. The laws of Florida allow such a pedestrian to seek compensation in a court of law, provided they can determine who is responsible for these injuries. However, payment would stream from the negligent party’s insurer.
Florida has a comparative negligence law, which allows the injured party to seek compensation even if they’re partially responsible for the accident.
- Bus Accident
Bus accidents can gravely affect the victim’s emotional, mental, and physical well-being. The injured may be left with an unanticipated yet substantial financial burden since they will have to cover their medical bills. Like all personal injury cases in Florida, the victim can pursue compensation if another person’s negligence caused the accident (and the subsequent injuries).
A competent personal injury lawyer will help you get the medical attention you need before anything else. This will ensure your condition doesn’t worsen. Afterward, they will do everything in their power to ensure you get the proper payment for the injuries you have sustained.
Typically, the negligent party’s insurance company may place many obstacles in your way, but a qualified attorney will be able to sidestep them and lead you towards receiving compensation.
- Motorcycle Accidents
Motorcycle accidents are some of the most devastating automotive accidents. They may result in permanent injury, and even if they don’t, they may cause you to spend lots of money in the hospital and may keep you from going to work until you’re fully recovered. If you ride a motorcycle, it’s imperative to understand the steps you should take should this occur.
If you have a qualified personal injury lawyer by your side, you’ll be able to get professional medical help right after the crash. Your Jacksonville personal injury attorney will then work on finding out the cause of the accident. This will help them establish a liable party. After obtaining the relevant documents, you can then pursue compensation in a court of law in Florida.
- Medical Malpractices
Medical malpractice may take various forms, the most common of them being misdiagnosis- or delayed diagnosis, failure to treat a patient, birth injuries, and medical products’ liability.
The injuries that arise from such malpractices are preventable and unwarranted and could cause significant grief to the affected person and their family. If you plan on filing a medical malpractice suit, it would be a good idea to give your personal injury attorney a step-by-step account of everything that happened. This will put them in a better position to figure out how to approach your case.
The state of Florida has a four-year statute of limitations on most personal injury cases. However, for a medical malpractice suit, you and your lawyer have only two years to file a legal claim.
Florida Personal Injury Claims- Compensable Damages
Before filing a personal injury suit, the plaintiff needs to familiarize themselves with the type of damage they can be compensated for under the laws of Florida state. This will help decide the amount of money they will state in their complaint.
Generally, many factors are considered when coming up with this figure. This may include the extent of damages and losses suffered by the plaintiff as a result of the accident.
The most commonly compensated damages are:
- Current and future medical costs
- An estimate of the costs of future medical care
- Suffering and pain
- Lost wages for the duration of the injured will be away from work
- Loss of earning ability
- Permanent disability, scarring, and disfigurement
- Wrongful death
Because of how extensive the damage could be, it’s a good idea to work with a competent and experienced personal injury lawyer. Such a lawyer will know what they ought to consider when arriving at the final figure of your compensation claim. They will also represent your interests in court and make a convincing case for you. This way, you are more likely to be awarded the compensation you deserve.
How to Pursue Compensation for a Personal Injury
The first and most crucial step when it comes to seeking compensation for a personal injury is finding a capable lawyer. You want to hire an experienced, skilled, easy-to-work-with, and committed personal injury attorney. You also ought to look for a lawyer who will be available to help you through this period, not the one who’ll always be busy representing clients in court. An attorney who’s keen on keeping your best interests in mind will ensure the defendant’s insurance doesn’t take advantage of any legal loopholes, and that your rights are protected throughout the entire process.
The second step is to seek medical attention. This way, all aspects of your injuries will be documented by a qualified doctor. They will also help point out the best treatment plan for these injuries. A medical report is proof that you actually sustained injuries after the accident; without it, the case may not go in your favor.
What remains is gathering enough evidence with your attorney’s help to prove the defendant’s liability. This evidence could be in the form of expert reports, documents, signed or recorded witness accounts, and anything else your lawyer feels will help your case. With all the evidence in place, your attorney will then file a claim in a civil court before the deadline passes.
Find a Jacksonville Personal Injury Attorney Near Me
Personal injuries are prevalent, and it’s essential that you know what to do should you ever suffer an injury. Finding the best lawyer to navigate the legal process is the brightest hope you have of receiving compensation for your injuries.
Call the Jacksonville Personal Injury Attorney today at 904-494-8242. We will take your case up, ensure your rights are protected, and help you seek compensation for your injuries.
