It is common to hear about accidents involving motorcycles, trucks, personal vehicles, slips, and falls. If you happen to suffer from such incidences, you need to look for professional legal representation to protect your rights. If you are in Lakeside, we at the Jacksonville Personal Injury Attorney are ready to help you seek compensation. Our lawyers will ensure that due diligence in the investigation, completion of the necessary paperwork, and sound evidence that will support your case is done.
Legal Definition of Personal Injury
The Florida statutory laws recognize personal injury as any wrongful act that led to harm to an individual on the body, emotions, and mind by another party, whether done willingly or unwillingly. The law allows the victim to claim monetary compensation through the payment of lost wages and medical bills or non-monetary compensation that includes legal action on the wrongful person. Most lawsuits involving personal injuries get compensated outside the court unless there is a strong need to proceed to a trial when the parties involved fail to reach a fair verdict.
Handling a Wrongful Death Case
Wrongful death involves accidents that result from negligence from an entity or an individual. It can be a pedestrian accidentally hit while on a crosswalk, doctor malpractice, defective product, among other offenses. The person involved in the wrongdoing might not be present to file a court case, but those who are close to the individual deserve compensation for the incidence. It might seem like a way to gain a financial advantage over the situation, but it is a way of seeking compensation to offset any losses experienced after the death of the victim. It also illustrates an act of seeking justice for the untimely death.
The Florida Statutes Section 768.19 expects a personal representative of the descendant named in the will to bring the case to a probate court. In case there is no will to refer to, the court will designate the appropriate Personal Representative. Every action should benefit the descendant by naming any person who was benefiting or should benefit from the estate. Therefore, you expect the spouse, parents, children, adoptive relatives, and any other person who was benefiting from the deceased to gain from the compensation made.
Damages a Beneficiary can Collect from a Wrongful Death Case
Most compensation in wrongful death cases solely depends on monetary means. The Florida Statutes Section 768.21 provides guidelines related to reimbursements that one can benefit through a wrongful death case. The benefits split into two, involving the estate and the survivors. The estate represents an entity that the deceased owned, while the survivors represent the people who were dependent on the deceased. Some of the things that the estate can recover include:
- Net accumulation of what the deceased would have earned in every source of income that he or she had
- Expenses that resulted from the funeral and medical processes
- Lost earnings
On the other hand, survivors have the possibility of recovering:
- Pain and suffering
- Support and services
- Expenses made through medical and funeral processes
- Companionship, instruction, and guidance from the deceased
The Florida Wrongful Death Act provides that children who are 25 or older can only recover guidance, instruction, and companionship from the deceased if the incidence left no surviving spouse. With our Lakeside Personal Injury Attorney, you can get the right legal counsel and representation needed to handle a Wrongful Death Case.
How to Handle a Car Accident Case
Florida is notorious for car accidents and has the lowest requirements for car insurance. This makes it ideal for drivers to plan ahead and thoroughly to avoid a lot of hassle in case of an accident. All the same, victims should learn how to handle matters related to such accidents to uphold their rights.
Insured Vehicles Accident Cases
Florida is among the states that fall under the no-fault states. This means that the car owners do not handle the case by themselves, but turn to their insurer in covering medical bills and suing the alleged wrongdoer. The state requires every driver within its jurisdiction to have PIP ( Personal Injury Protection) Policy worth $10,000 to protect cover any small injuries that result from an accident. Typically, the PIP will cover 80% of the medical bills, 60% of lost wages, and $5,000 in death benefits. If the total costs outweigh the coverage, the driver has the option to:
- Pay out-out-pocket
- Consider pursuing a lawsuit if the required compensation exceeds a given threshold or if someone else is responsible for the accident
- Use medical insurance coverage
The no-fault system aims to avoid a lawsuit. Therefore, it expects the insurance to cover small injuries such as a broken leg, nose, or arm, to avoid stressing out the legal system and ensure fast compensation. However, the victim can continue to sue the driver in case there are permanent or catastrophic injuries.
Uninsured or Under-insured Vehicle Accident Cases
Every driver in Florida must have a PIP worth $ 10,000 and a PDL ( Property Damage Liability) to cover any injuries that result from an accident they have caused. In case you do not have insurance or you are under-insured, it means you need to settle the liabilities out of pocket if the victim decides to file a lawsuit.
DUI Accident Cases
A DUI ( Driving Under The Influence ) accident case involves a driver who was operating a vehicle with a BAC( Blood Alcohol Content) exceeding 0.08%, which is the legal limit implied by the state. It does not necessarily limit the drugs to alcohol, but can be any other type of drug that alters due to caution while driving. Anyone involved in such an incident is responsible for compensating every expense that results from the accident. Your attorney should help you work out the legal process to ensure that you get the compensation that suits you.
Hit and Run Accidents
There are many reasons why most drivers decide to hit and run. It might be the lack of a valid license, intoxication, outstanding tickets, among other causes. Such incidences require the victim to take note of credible evidence of the vehicle that caused the injury. Such information will help the investigating officer to locate the vehicle. The offender risks penalties such as second-degree misdemeanor fines up to $ 10,000 and thirty years imprisonment depending on the sustained injuries.
Ways to Deal with Truck Accident Cases
There is no significant difference between truck and car accidents besides the fact that truck accidents usually carry along several people. Florida Statutory Laws require truck drivers to carry PIP (Personal Injury Protection) of $10,000 and a Property Liability Policy of $ 10,000, which is similar to car drivers. Since Florida is a no-fault state, you will find yourself dealing with several insurance companies and a lot of pressure, meant to cut down payments in full. In case the vehicle was under-insured or not insured, the company responsible for the truck should compensate every victim out of their expenses.
If you get involved in a truck accident case, consider the intervention of a Lakeside personal injury attorney to ensure full and fair compensation from the driver responsible for the accident.
Things to Consider in a Pedestrian Accident Case
The Florida state has provided enough crosswalks, pavements, and traffic signage to ensure the safety of every pedestrian. However, there are chances of pedestrian accidents due to various reasons. In such a situation, pedestrians might end up sustaining both minor and severe injuries, depending on the nature of the accident. Florida laws provide that the person liable for the accident accounts for 99% of every liability that will follow according to the Pure comparative negligence standard. Therefore, it is necessary to involve a personal injury lawyer to have all the compensation done as required by the law.
What You Should Do During a Motorcycle Accident Case
As a victim of a motorcycle accident, you have the right compensation for the injuries that you sustain. It is essential to note that motorcycles do not carry the same insurance as automobiles. The law requires a rider to take an insurance policy of $ 10,000, a $ 30,000 single-limit financial obligation, and a total bodily injury coverage worth $ 30,000. The rider carries a duty of care of the victim similar to any other negligence case that falls under the pure comparative negligence standard.
The rider responsible for the accident is accountable for restoring you to the position that you were before the crash. The restoration includes an economic and non-economic perspective. With the financial aspect, the rider is responsible for:
- Medical expenses
- Property damage
- Out of pocket expenses
- Expenses estimated for the future
- Lost income
On the non-economic perspective, the rider should compensate:
- Mental anguish
- Emotional distress
- Pain and suffering
If the accident caused “ permanent” injuries, the victim could pursue a different lawsuit that holds higher sentences than typical injuries. The Florida statutory law under Section 627.732(2) define permanent injury as:
- Significant scarring
- Injuries that result in permanent medical probability
- Loss of crucial bodily function
Unless a victim seeks professional legal intervention, it is hard to navigate the law and find a fair compensation from such an accident. That’s why you need a Lakeside Personal Injury Attorney to help you deal with such type of cases.
Handling a Medical Malpractice Case
The Florida laws recognize any form of injury caused by negligence by a medical practitioner while in an outpatient, regular checkup routine or hospital stays as medical malpractice. Victims have a legal option of filing a lawsuit if the medical practitioner conducted the malpractice in the following ways:
- Poor follow-up care
- Premature discharging
- Misread or disregarded the lab results
- Wrong surgery
- Avoided diagnosis or a wrong diagnosis
Any victim intending to pursue a lawsuit should have a professional medical expert to confirm whether the medical procedures followed the required standards. Once the victim gets an affidavit illustrating that the medical claim is valid, one receives a ninety-days period to settle the case out of court. If the medical professional fails to resolve, the court provides an additional sixty-days window to file a lawsuit. The time might extend to two years in case the medical practitioner tries to conceal pieces of evidence indicating the malpractice.
The victim should consider professional legal representation from a Lakeside Personal Injury attorney to handle such kind of case accordingly.
Types of Compensable Injuries
Injuries sustained at the workplace fall under personal injury cases. However, not all injuries that someone has sustained are compensable. The Florida Statutory law Chapter 440 explains a compensable injury as a form of harm incurred by a worker within the scope of employment. The cause of the injury must be proven through clear and convincing evidence and must account for fifty or more percent of the causative agent.
Some of the contributing cause that might lead to compensation include:
- A medical disease arising in the course of employment and makes the work responsible for more than fifty percent through medical evidence
- Medical malpractices through procedures provided in 440.15(6) to cure a medical condition such as hernia that results from the work
- An accident that happened outside the state, but the employer has entitlement to compensation based on the contract of employment
- An accident that resulted from poor machine maintenance
The employer might also remain liable to the injuries if the worker neglected safety measures employed while operating a particular machine. However, the chapter provides that the compensation reduces to 25% owing that the injuries resulted from negligence from the employee.
Find a Lakeside Personal Injury Attorney Near Me
Any personal injury victim has the risk of suffering from an increased burden if there is no justice considered after an incident. That’s why you need professional legal intervention to ensure that you get justice. We at Jacksonville Personal Injury Attorney are ready to offer the best legal services required to achieve the best outcomes. If you are in Lakeside, contact us at 904-800-7557 to reach out to one of our attorneys.