If you have been injured by an accident caused by a company or somebody else's negligence, you could be going through insurmountable challenges. Fortunately, you are entitled to seek compensation for the losses through a personal injury lawsuit that holds the liable party accountable for their actions. Don't speak with the insurance company before consulting an experienced lawyer like the Jacksonville Personal Injury Attorney who will discuss issues like strict liability, economic damages, the statute of limitations, and comparative negligence. For many years we have exclusively represented plaintiffs for injuries resulting from the accidents discussed below.
Wrongful death in Florida is a civil claim that is filled in court when a wrongful act or negligence of an at-fault party results in the death of somebody else. The law requires the personal representative of the decedent's estate to bring the case. The personal representative can be named in the decedent's estate plan or will. If both are absent, the court will appoint the personal representative.
It's worth noting that the claim is brought on behalf of the deceased surviving family members who can be either:
- The deceased's spouse
- The deceased's parents
- The deceased's children, or
- Deceased's blood relative who depended on the deceased financially
A wrongful death claim in Florida should be brought within two (2) years from the date of death. However, the statute of limitations could be tolled under certain circumstances. Your experienced Penney Farms personal injury attorney should assist you in knowing exactly when the deadline expires. Otherwise, you could lose your entitlement to file a lawsuit in court.
Florida Statutes 768.21 also outlines the different damages that are awarded in the claim. They include:
- Loss of companionship, protection, and guidance provided by the deceased
- Funeral and medical expenses incurred
- Value of services and support offered by the decedent, and
- Emotional and mental pain and suffering as a result of losing a child
The Sunshine State is a no-fault vehicle insurance state. In other words, you should bring a claim to your personal injury protection (PIP) insurance after a vehicle accident. This move ensures you receive compensation for losses incurred irrespective of who is responsible for the accident. However, if your injury satisfies specific prerequisites, you can file a lawsuit against the liable motorist.
If the other motorist is entirely responsible for the accident, the outcome is predictable. The driver, through their insurer, will compensate you for lost income and medical bills incurred.
But what takes place if you were partially responsible for the accident. Florida uses a pure comparative rule should more than one party be found liable for the car accident. That means the portion of your fault will reduce the number of damages awarded.
Comparative negligence rule not only bind the jury (should the case proceed to trial) but also guides the vehicle insurance claims adjuster when evaluating your claim. The claims adjuster will make a decision based on what is likely to take place in court. However, that shouldn't stop you from filing your lawsuit. Instead, consult a Penney Farms personal injury attorney about the claim and the way forward.
No one goes for a walk expecting to be hit by a car, but it does occur mainly at night (visibility could be a factor). Common causes of pedestrian accidents in Clay County include:
- New motorists who have just completed Driver's Education classes paying attention to their vehicles and forgetting about the pedestrian law
- Slowdowns due to bad weather, crowds, or traffic
- Drunk driving
- Inability to maintain car control
- Failure to stop at stop signs and
- Yielding to a pedestrian in a crosswalk but failing to stop in time
Common injuries suffered in pedestrian accidents include brain injuries, fractures, lacerations, paralysis, loss of limbs, and spinal injuries.
Right of Way Law for Pedestrians
According to the law, pedestrians should comply with traffic control devices unless otherwise requested by the police. The device could be a traffic sign, pavement striping, or signals. Also, if the sidewalk is available, you shouldn't use the roadway. If the sidewalk is under construction or not available, you should use the left side of the road facing traffic.
Determining Fault in Penney Farms
What occurs when both you and the motorists are to blame for the pedestrian accident? Florida follows the comparative negligence rule. That means even if you are ninety-nine percent liable, you will be able to collect one percent of damages. The judge will look at the case and apportion liability between the parties involved based on the case's circumstances.
Damages awarded in a pedestrian accident include medical bills, lost wages, loss of consortium, pain, and suffering, mental anguish, and permanent disability.
Bus accident claims are more complicated compared to car accidents. This is because they involve numerous passengers bringing claims at the same time, and there could be multiple cars involved. Also, the bus driver may be entirely responsible for the bus accident. That means the transportation company may be responsible for extensive claims to several victims.
Florida is a no-fault state. In other words, you should first submit your claim to your insurance provider. However, if the total cost of damages exceeds your policy, you could file for compensation against the bus driver.
Also, the law allows you to file a claim against all responsible parties when your injuries cause damages above your PIP coverage policy. The procedures for bringing an extended claim are complicated since the injuries should be severe enough to warrant extra damage requests. Typically, it takes a skilled Penney Farms personal injury attorney to file the additional claims in a court of law.
Compensatory damages awarded in a bus accident are similar to car accidents. Moreover, you can receive punitive damages if the bus driver acted willfully or was grossly negligent. Negligent acts include driving while drunk or the transportation firm failing to maintain the necessary safety standards.
Steps to Take After an Accident
The first thing you need to do after being involved in a bus accident is seeking medical attention. Ensure you get checked by a medical practitioner even if the injuries are not severe. Typically, the bus staff should call for assistance, but if they refuse to reach out for help or are killed or injured, you need to contact 911.
You also need to report the bus accident to the police, who will generate a police report documenting the accident's details.
If possible, take as many photos of the accident scene from different angles.
Moreover, remember to collect names, addresses, and phone numbers of the driver, other passengers, and any other person involved in the accident. Your lawyer may require reaching out to these people when investigating your claim. While the transportation company may have the names of all passengers, it may not have the details of witnesses at the accident scene. Therefore, it is crucial to first focus on these people.
Don't delay. However, that does not mean that you rush through the process. A successful personal injury claim is one that is prepared timely and well-planned. This is because, like most cases in Penny Farms, a bus accident has a statute of limitations. To avoid losing your right to file a claim, contact your lawyer immediately to get them on the case with a lot of time to make it successful.
Florida has the most motorcycle fatalities in the U.S., according to a report released by the National Highway Traffic Safety Administration in 2016. While some accidents are as a result of the cyclist's error, negligent parties including:
- Drunk drivers
- Distracted drivers
- Aggressive drivers
- Road hazards
- Defective motorcycle or motorcycle parts, and
- Traffic violations cause most
If you get into an accident, you should prove the following:
- The defendant owed you a duty of care
- The defendant breached the duty of care and
- That breach led to your injuries
Damages Awarded in a Motorcycle Accident
When injured in a motorcycle accident, the natural question asked is whether you have a lawful claim. Well, the answer is yes as long as you are injured and there are losses incurred.
The second question is the worth of the claim. In Florida, you will be awarded compensatory damages. Compensatory damages are damages tailored to help you get to where you were before the accident. They include both non-economic and economic damages. You can also recover punitive damages.
The statute of limitations for a motorcycle accident is four (4) years. Nonetheless, if the motorcyclist succumbs to the accident, the deadline for filing a claim is two years.
How Fault is Determined
Determining who is accountable for the accident is not simple. Florida is a no-fault state. Therefore, drivers should be compensated by their vehicle insurance. On the contrary, cyclists are not supposed to carry PIP. The state requires them to carry ten thousand dollars ($10,000) for every person with a bodily injury and thirty thousand dollars single-limit liability.
However, if your injury is permanent, you can sidestep the above system and press charges against the accountable driver.
Pure comparative negligence rule also applies in motorcycle accidents.
All types of medical malpractice can be devastating. To be sure whether you have a medical malpractice claim, you first need to figure out what took place and the category your accident falls under. Common types of medical malpractice in Clay County include failure to treat, birth injury, misdiagnosis, product liability, and surgical mistakes.
All the injuries mentioned above are preventable. Therefore, when you consult your attorney, be sure to explain every case detail. It will help the Penney Farms personal injury attorney advise you accordingly on the way forward.
Statute of Limitations
You should file a lawsuit after two years of learning you sustained an injury or four years from the date of the professional negligence. The only exception is when the medical provider is lying to you so that you won't discover the malpractice. If that is the case, the deadline is seven years from the date of the accident or two years from when the injury is discovered.
It is worth noting the deadline doesn't apply to children if the lawsuit is started before or on their 18th birthday.
If you are involved in a truck accident, you are likely to suffer serious injuries, especially if hit from behind. As a result, truck drivers are held to more strict requirements than other motorists. These requirements are meant to lower the likelihood of catastrophic injuries as well as make it easier for victims to recover damages incurred from a negligent driver.
All motorists in Florida should have a PIP of $10,000. However, truck drivers should carry between $50,000 and $750,000 in coverage depending primarily on the car weight. This is because the driver spends a lot of time on the road and their car is much larger.
Trucks with hazardous materials are subject to stricter coverage requirements. You should have more than $5,000,000 in personal injury and property liability insurance because of the potential danger of the material being transported.
Statute of Limitations
In Florida, you should file a truck accident lawsuit within four years from the date of the accident. However, if the victim died as a result of the accident, the deceased's family has two years from the time of the death to bring a wrongful death claim.
Every truck accident is unique, hence the different damages awarded. However, the most common damages you can seek compensation for include:
- Medical expenses
- Lost income
- Pain and suffering
- Emotional and mental anguish, and
- Loss of consortium
Different Types of Compensable Injuries
Any experienced Penney Farms personal injury attorney handles a wide range of personal injury cases and has extensive expertise in each type. If you have sustained injuries from any of the accident or incident below, you could qualify for compensation:
- Bike accident
- Dog bites
- Construction accident
- Slip and falls
- Product liability
- A boating accident, and
- Nursing home negligence
All these accidents have their own set of injuries that range from minor injuries like cuts and bruises to severe injuries that include traumatic brain injury and paralysis.
Find a Competent Personal Injury Attorney Near Me
The primary purpose of personal injury law in Florida is to compensate persons who have suffered injuries caused by another person's negligence. You can sustain a personal injury in any of the accidents discussed above. In any of these cases, you must prove that the responsible party acted unreasonably in causing your injuries. As a result, you need the assistance of a reliable attorney like the Jacksonville Personal Injury Attorney who will advise you on your rights. For more information on how we can assist you, contact us today at 904-800-7557.