There is nothing as scary as getting permanent injuries after an accident. Unfortunately, accidents happen, there are a lot of people who have ended up in this situation over time. If you are a victim you need compensation from the parties responsible for the accident. If you are in Lawtey, FL, Jacksonville Personal Injury Attorney will offer the best legal services that you need in your pursuit of compensation.
Types of Accidents
Florida is a popular tourist destination and has one of the highest numbers of roads in the nation. Therefore, it is not surprising to find out that there are lots of accidents happening every day in Florida. Here is an overview of accidents that occur in Florida.
Car accidents are common in Florida. Most of these accidents are caused by distracted driving, DUI, and speeding. Common types of car accidents include rear-end, side-impact, and head-on collision. Once a driver has been involved in a car accident, there are specific legal procedures that follow after a car accident. These aspects are as follows.
Comparative Negligence in Florida Car Accidents
Florida follows the pure comparative negligence rule. In this rule, both parties involved in a crash share the blame and compensation is determined based on the percentage of responsibility that one holds. For instance, if you are involved in an accident, and your percentage blame is 20%, then you are eligible for 80% compensation, which the other person owes to you. It requires the intervention of our Lawtey personal injury attorney to establish the percentage of compensation that you deserve following a car accident.
Truck accidents are usually fatal, especially when other vehicles are involved in such an accident. Most truck accidents result from non-performance of the drivers, distracted driving, and speeding. Truck accidents result in complicated legal procedures based on the number of people who end up liable for such cases.
Liability in Truck Accident
As highlighted above, several parties can be held liable for the injuries incurred through a truck accident. These parties are as follows:
- The truck driver
- The truck owner
- The company in charge of leasing the truck
- The truck manufacturer
- The manufacturer of the truck’s parts
- The shipper or loader of the truck’s cargo
Once you hire our Lawtey personal injury attorney, he or she will proceed into proving that the accident is directly associated with your injuries. In such a case, the attorney should consider the following:
- Prove that the truck driver owed you the duty of care
- Prove that the truck driver breached the duty of care through his negligence
- Prove that the negligence of the truck driver led to your injuries
- Prove that the injuries sustained from the accident are directly associated with your damages
Every day that you take a public bus or let your child board the school bus, you probably have never thought of a bus accident occurrence. However, when such an incident occurs, a lot of people suffer from it. There are a couple of legal aspects that follow after a bus accident.
Florida No-Fault System in Bus Accidents
Florida is part of the no-fault states. Under this rule, anyone who suffers injuries after a bus accident should seek injury claims from their insurance company. If the amount provided by their policies is quite low, they can seek compensation for their damages from the at-fault parties.
Seeking compensation from a government entity can be complicated. It requires prompt reaction since the timeline provided to file against such an entity is quite shorter compared with other forms of claims.
The drivers and passengers of other vehicles involved in the accident also have the right to pursue compensation. In such a case, the pure comparative negligence rule is considered during settlement.
Florida has recorded one of the highest numbers of motorcycle accident fatalities over time. Some of the common causes of motorcycle accidents in Florida include negligence, speeding, and distracted driving. Motorcycle accidents usually lead to fatal injuries since there is an insignificant barrier between the rider and the point of impact.
Duty of Care in Motorcycle Accidents in Florida
Motorcyclists are expected to follow the same traffic rules as other drivers. Therefore, they should consider traffic rules, such as:
- Giving the right of way to vehicles on the right
- Using proper signals
- Maintaining the recommended speed
- Wearing protective gears
- Riders should undertake basic Rider Course to acquire licenses
- Riders should take the right insurance depending on Florida legal requirements
All the above-stated aspects define the duty of care that the motorcyclist has to the other road users. However, if one gets involved in an accident, your Lawtey personal injury attorney should establish the negligence of the other party. In that case, the at-fault party would have breached his or her duty of care. Therefore, the attorney must establish that:
- The at-fault party owed you a duty of care
- The at-fault party acted in a way that breached the duty of care
- The breach led to your injuries
- The injuries led to your damages
Once your attorney proves the above-stated aspect, you will be in a better position of recovering your damages.
There are a lot of pedestrians involved in accidents every day. Pedestrians are considered as anyone using the roadways or walkways and are not using a vehicle or a motorcycle. Therefore, you can consider the following as pedestrians:
- Joggers or runners
- Roller skaters
- Segway riders
The common causes of pedestrian accidents in Florida are as follows:
- Failing to stop at intersections
- Poor intersection designs
- Distracted driving
- Pedestrian negligence
- Passing a school zone
Fault in Florida Pedestrian Accidents
Florida pedestrian accident cases rely on the pure comparative negligence rule in pedestrian accidents unless the driver takes the sole responsibility for the incidence. This is common in instances where a pedestrian darts into traffic when he or she is not expected to make such a move. In a pure comparative negligence rule, both parties are responsible for the accident and the damages should be awarded according to the percentage of participation of every party. Therefore, your Lawtey personal injury attorney should intervene to ensure that you get a fair compensation based on the nature of the accident.
Medical malpractices are one of the most complicated cases that an attorney can handle. There are a lot of factors that follow, starting with establishing the injuries and proving fault as well. Most medical malpractices result from:
- Medical negligence such as improper administration of anesthesia and incorrect diagnosis
- Childbirth injuries
- Failure to treat
- Medication errors
- Surgical errors
Damage Caps in Florida Medical Malpractice
Following the ruling by the Florida Supreme Court that found it unconstitutional to allow caps on medical malpractice damages, the plaintiff can file for the highest damages possible. This followed after a case between North Broward Hosp. Dist v. Katalin. Any medical malpractice cases that follow after the lift on damages caps can pursue the highest damages that attorneys can manage.
Types of Compensable Injuries
There are quite a lot of damages that result from vehicle-related accidents and medical malpractice. Here is a detailed review of each of these injuries.
Head injuries are the most common type of injuries experienced in vehicle-related accidents. These kinds of injuries can lead to mild to severe injuries depending on the nature of the accident. The most common type of severe head injury is Traumatic brain injury. Such injury can lead to severe headaches, loss of proper brain functioning, and sleeping difficulties.
Several types of neck injuries can be experienced in a vehicle accident. These kinds of injuries include whiplash and severe neck injury. Whiplash is a mild type of neck injury that results from the sudden movement of the head after an accident. This leads to a strain on the neck muscles without breaking the bones.
A severe neck injury is quite complex and involves the breaking of bones around the neck. Such injuries can lead to loss of condition or, in a worst-case scenario, lead to paralysis.
There are also high chances of suffering from a spinal injury once you are involved in a car accident. Severe spinal injuries can lead to paralysis and lack of sensation. Therefore, victims who suffer from this kind of injury will have to seek long-term medication.
Internal bleeding occurs when car accident victims suffer from cuts. This kind of accident can turn out to be fatal if it is not treated promptly. If one fails to seek the required medical intervention, he or she might end up with life-threatening injuries and lose his or her life.
Scarring and Disfigurement
Scarring and disfigurement are some of the permanent injuries sustained after a car accident. These types of injuries result from the healing process of an injury that one has suffered in an accident. Victims might be required to seek reconstruction procedures to deal with such situations.
Wrongful Death in Florida
Once a person dies out of personal injury, close people to the deceased person usually seek wrongful death compensation. Seeking compensation through a wrongful death claim can be complicated, but your Lawtey personal injury attorney will ensure that you get the help you need. Particular aspects result from wrongful death, as described below.
Eligibility in a Wrongful Death Claim
Specific people can bring a wrongful death claim to court. These people are a follows:
- The spouse, children, and parents to the deceased person
- Blood relatives such as adoptive siblings or children who were partially or wholly dependent on the deceased person for their support
Please note, a child born out of wedlock can still be considered a claimant if the deceased person had recognized the child as his or hers and agreed to support the child. Also, when there are a lot of claimants affiliated to the claim, the court might decide to appoint a representative who will represent the interest of every person involved.
Damages in Wrongful Death Claims in Florida
In Florida, wrongful death damages are expressed in monetary terms. The damages can be awarded to the family members or the estate, depending on who’s bringing forward the case. If the surviving family members are responsible for the claim, they are eligible to recover the following:
- The value of the support that the deceased person would have provided to them
- Loss of companionship, protection, and guidance of the deceased person
- Medical and funeral costs that they could have incurred for the deceased
- Pain and suffering that resulted from the demise of their loved one
If the deceased estate is responsible for the claim, it is eligible for the following damages:
- Lost wages, earning and benefits that the deceased person could have possibly made throughout his work tenure
- A cumulative worth of the deceased person estate that it could have reasonably collected if the deceased would have lived
- Medical and funeral costs that could have been paid directly from the deceased person’s estate
Time Limitation in Wrongful Death Cases in Florida
In Florida, plaintiffs have two years to file a wrongful death claim in court. Otherwise, the case might end up dismissed by the court. There are only a few exceptions that might make the case to be “tolled” and experience an increase in the set-forth time limitation. Even so, your Lawtey personal injury attorney should help you determine when the time limitation will expire in your case.
Find a Lawtey Personal Injury Attorney Near Me
It can be challenging to follow through a personal injury case all by yourself. It requires someone with sound legal knowledge, such as an attorney, to help you with your case. There are quite a lot of attorneys to choose from, but only a few can match what you need. A remarkable personal injury attorney should be in a position of delivering on time and executes their plan. Jacksonville Personal Injury Attorney can proudly match your expectations and are happy to offer our services to our clients in Lawtey, FL. Contact us today at 904-800-7557 and speak to one of our attorneys about your personal injury case.