According to personal injury laws in Florida, you are entitled to compensation if you incur damages or suffer losses due to the wrongful acts or negligence of another person. When determining whether a person was negligent, the law considers how a reasonable person would have acted under similar circumstances. If the defendant's conduct fell short of that of a reasonable person, the defendant may be guilty of negligence. When damages occur, the liable party may not be willing to accept liability. Jacksonville Personal Injury Attorney can handle the defendant on your behalf to ensure you get the compensation you deserve. With an experienced Ponte Vedra Beach personal injury attorney, the defendant and the insurance company cannot limit your compensation.
Personal Injury Lawsuits in Florida
Florida is a busy state because it ranks among the ideal places to live in. Due to its perfect climate, Florida attracts numerous tourists from all over the world. It is common for accidents to occur and other forms of injuries, which lead to personal injury lawsuits. Some of the typical personal injury lawsuits in Florida include:
1. Slip and Fall Accidents
Personal injury lawsuits in Florida may occur due to slip and fall accidents. If a person slips, falls, and suffers injuries while on the property of another person, the property owner may be liable for the victim's damages. Lawsuits revolving around slip and fall accidents are under the significant category of premises liability claims.
Certain dangerous conditions may lead to slip and fall accidents. For instance, if there are some changes in the flooring or if the floor is wet, people may slip and fall. Other hazardous conditions may include narrow stairs, poor lighting, and torn carpeting. Cracked public sidewalks may also lead to slip and fall accidents. For a victim to claim damages, he/she must have suffered injuries due to the fall even if the injuries are minor.
In determining whether a property owner is liable after an accident, emphasis will be on whether the property owner took the necessary precautions to prevent the accident. Whether the victim was careless in not noticing the hazardous condition will also determine the outcome of the case.
The victim must prove that the accident occurred due to a dangerous condition. It must be apparent that the property owner was aware of the hazardous condition. The nature of the hazardous condition should be such that the injured party would not have anticipated the presence of the hazard. Therefore, a person cannot sue if injuries occur due to an obvious danger, which the victim is aware of and can easily avoid.
To prove beyond a reasonable doubt that the property owner was aware of the hazardous condition, the property owner should have created the condition. The property owner should have been aware of the existence of the condition but failed to correct it. The hazardous condition should have existed for a considerable period. It should be evident that the property owner had ample time to fix the hazard but failed to act.
The potentially liable parties in slip and fall accidents lawsuits include commercial and residential property owners. If a slip and fall accident occurs in a government-owned premise, the government may be liable for your injuries. Your injury attorney can help you to establish the responsible party and to seek compensation.
2. Accidents
Personal injury cases in Florida also revolve around accidents. Thousands of accidents occur on the roads every year leading to injuries and fatalities. If you suffer injuries in an accident due to the negligence of the driver or another road user, your injury attorney can help you seek compensation. Accidents in Florida may involve:
Buses
All types of buses operate on Florida's roads. The buses include tour buses carrying tourists in and out of the state. Tourists also use tour buses to visit the various tourist attractions in Florida. School buses transporting students to and from school are also frequent. Public buses, often operated by the state, are also common.
When a bus accident occurs, the bus occupants often suffer catastrophic injuries. Unlike smaller vehicles that are complete with safety belts and airbags, most buses do not provide occupants with these safety features. In buses, most people sit freely and may even sit facing each other. It is also common to find some bus riders standing on the bus. When an accident occurs, some passengers may fall off the bus. Passengers may also bump on each other or fall on the bus floor, injuring one another.
When a bus accident occurs, the liable party will depend on the type of bus involved in the accident. For instance, in an accident involving a school bus, the school owner may be liable. If an accident consists of a tour bus, the tour bus company may be responsible. You may sue the government for damages if a bus accident involves a public bus.
Other parties that may be responsible for your damages would include the bus driver if the accident occurred due to the negligence of the driver. The bus manufacturer may be to blame if the accident occurred due to defective bus parts. The bus repairer or maintenance company may also be to blame if an accident occurs due to a mechanical problem, yet the bus had undergone repair.
Trucks
When an accident involves a truck and a regular vehicle, the occupants of the regular vehicle suffer the most. Trucks are often big compared to regular cars. In case of an accident, the impact of the truck on a regular vehicle is often catastrophic.
The law requires truck drivers to operate trucks for several hours. It is illegal for a truck driver to exceed the designated hours of operation. The truck company may be liable for subjecting a truck driver to too many hours of work. The truck driver may also be responsible for extending his/her work shifts to earn more money.
When an accident occurs, your Ponte Vedra Beach personal injury attorney may rely on specific sources of evidence. For instance, your attorney may get evidence from the driver's log, which shows the number of hours the driver was in operation. Most trucks are complete with a black box, which records the occurrences that take place right before the accident.
Your attorney may also request truck maintenance and repair records to know if the truck had undergone the necessary routine maintenance. The trucking company may be responsible for the damages if it is evident that the truck had not undergone the essential maintenance.
The truck repair and maintenance company may also be liable. If it is evident that the repair and maintenance company failed to realize an apparent mechanical problem, the company will be liable. If the accident occurred due to poor road conditions, the government entity responsible for maintaining the roads might be accountable for your injuries.
Bicycles
Florida is a sunny state with a great climate all year round. This makes Florida a haven for bicyclists; both locals and tourists enjoy touring Florida on bicycles. With so many bicycles on the road, it is common for bicycle accidents to occur. Most bicycle accidents involve vehicle drivers and happen when drivers fail to yield right of way to bicycles.
When a bicycle accident occurs, you may suffer catastrophic injuries. Unlike vehicle occupants who are protected by the walls of the vehicle, a bicyclist has no shield from harm. The cyclist may land on the tarmac after an accident, yet the only protection available is his/her clothing. Bicyclists do not enjoy other safety features that a vehicle offers, including safety belts and airbags. Injuries likely to occur in a bicycle accident may be worse if the rider is not wearing a helmet at the time of the accident.
The common injuries in a bicycle accident include road rash. Road rash occurs when the bicyclist slides on the tarmac after falling. Other injuries include broken arms because most cyclists shield themselves with the arms in case of an accident. Broken bones, back, and head injuries may also occur.
The vehicle driver or any other defendant may be reluctant to accept fault after an accident. You need a competent Ponte Vedra Beach, personal injury attorney by your side. The attorney can investigate the factors that led to the bicycle accident and recommend the way forward.
Cars
Car accidents are common and often lead to personal injury lawsuits. There are several types of car accidents. One of the common types of accidents is the head-on collision. These accidents occur when two vehicles bump into each other, head to head. Side-impact collisions are also frequent and happen when a car bumps onto the side of another car, head first.
Rear-end collisions are also frequent and mainly occur when a vehicle hits the back of another vehicle. In most rear-end collisions, most people assume that the rear driver is always at fault. However, this is not always the case; the lead driver may also be at fault. Rollover vehicle accidents are also common.
Some of the factors that may render a driver liable in case of a vehicle accident include engaging in distracted driving. A driver may engage in distracted driving by texting or calling while driving, operating the radio while driving, and eating while driving. A driver may also be at fault for reckless driving, including speeding. Failing to yield a right of way may lead to an accident. A car accident may also occur when a driver runs the red light.
After suffering injuries in a car accident, you have to prove that the defendant owed you a duty of care. Every driver owes a duty of care to other drivers, motorcyclists, pedestrians, and other road users. It must be evident that the defendant did not abide by his/her duty of care. You have to prove that you suffered injuries due to the defendant’s breach of the duty of care.
3. Wrongful Death
If your loved one dies due to the negligence of another person, you may file a wrongful death claim to seek compensation. Under Florida law, the spouse of the victim may file a wrongful death claim. If the victim's spouse is not alive or available, the children of the deceased may file the claim. The grandchildren of the deceased may file a claim if the children of the victim are deceased. Any person who would have benefitted from the estate of the deceased may file a wrongful death claim.
Compensation for a wrongful death claim may comprise funeral expenses. The dependents of the deceased may also get compensation for the income the victim would have earned if he/she were still alive. The dependents may also get compensation for loss of companionship. The deceased person will no longer offer the love and the comfort he/she did to his/her family. To claim the right wrongful death compensation, you require an experienced personal injury attorney.
4. Medical Malpractice
Personal injury lawsuits in Florida also arise due to medical malpractice. A medical malpractice lawsuit is a legal cause of action, which occurs when a health or medical care professional deviated from the right standards. If a health professional fails to adhere to the set standards and causes injuries to a patient, the patient may sue for damages.
A medical malpractice claim will only exist if the negligence of a medical provider causes damages or injuries to a patient. However, it is essential to note that an adverse medical outcome is not always a case of medical negligence. In the United States, medical errors kill thousands of patients every year.
Filing a medical malpractice lawsuit can be extremely stressful and time-consuming. There is a high likelihood of failure and missing on compensation. Many medical malpractice lawsuits end with no payment to the victim or the victim's survivors. You need a competent Ponte Vedra Beach personal injury attorney to help you file a medical malpractice claim. The attorney will examine your documented injuries and damages and determine if they are substantial to justify a medical malpractice lawsuit.
If you suspect that you have been subjected to negligent medical care, you should contact an attorney immediately.
Find a Ponte Vedra Beach Personal Injury Attorney Near Me
If you have suffered injuries and damages due to the negligence of another party, there is hope for you. Jacksonville Personal Injury Attorney can examine your case and advise you on how to seek compensation. Contact us at 904-800-7557. We will be glad to assist you in seeking compensation.
