The possibilities of a personal injury are quite high when you live in high traffic areas. This goes from a variety of instances such as pedestrian accidents, bus accidents, wrongful death, motorcycle accidents, medical malpractice, and many more. Such situations can leave the victim and close relatives in dire financial situations and emotional distress. Therefore, there is a need to involve a professional personal injury attorney and get compensated as expected by the law. Our Beverly Beach personal injury attorney at the Jacksonville Personal Injury Attorney is here to help you get fair compensation.
Types of Personal Injury Related Accidents
A personal injury case explains a lawsuit filed against a person or entity where the plaintiff has suffered physical or emotional harm due to negligence or intentional conduct of the defendant. There are different situations or accidents that lead to a rise of a valid personal injury claim. Please note that not all injuries automatically lead to legal liability. The accidents are as follows:
Florida has recorded one of the highest numbers of car accidents in the United States over recent years. This has been recorded in the wake of advancements in motor vehicle safety technology. Fortunately, Florida laws have a well-defined strategy that can help a victim to get compensation following a car accident.
Florida No-Fault Rule in Car Accidents
Florida is one of the states that follow a no-fault rule in car accidents. This means that you have to file a claim through your injury protection insurance to get compensated for the financial losses and medical bills, despite who caused the accident. The claim qualifies to be filed outside this requirement only after it has met specific prerequisites. In that case, the claim is made against the at-fault driver.
Comparative Negligence in Florida Car Accidents Lawsuits
If the liability for the accident was a result of the defendant’s and plaintiff’s negligence or cause, then the comparative negligence rule applies. In that case, the plaintiff will be awarded damages according to the percentage fault of the defendant. The rule still applies even when the defendant has the lion's share on the cause of the accident.
Truck accidents can be messy and cause severe casualties. In such a case, one should consider finding compensation from the at-fault party. Truck accidents can be complicated since different parties can be held liable for the accident. Ideally, the potential parties liable for such an accident include:
- The truck driver
- Owner of the truck
- The trailer’s owner
- The trucking company
- The shipper or broker who hired the motor carrier
- The auto shop in charge of maintaining the truck
- The truck manufacturer
Although there are a lot of parties who can be held liable for such an accident, there are two main parties that take the lion's share in liability. This includes the driver’s insurance policy or the trucking company. These depend on whether the driver was working for the trucking company while the accident occurred or not. If one was working for the company, the company’s insurance policy is held liable for the accident. If the driver was working outside the company’s work schedule, then the driver’s insurance policy is held liable for the accident. Our Beverly Beach personal attorney is familiar with the proceedings of truck accidents and is willing to offer the best legal services in seeking compensation.
Florida has recorded one of the highest number of pedestrian fatalities over the past years. Multiple factors lead to pedestrian accidents, but the liable party should be held responsible for the accident and compensate the victim.
Pedestrian Law in Florida
According to the Florida Pedestrian laws, walkers should obey traffic laws by observing rules directed by a control device such as traffic lights or a police official. The device might also include pavement stripping or pavements. If a pedestrian fails to observe the required traffic rules, there are possibilities of incurring an accident. As a result, the pedestrian might end up sustaining minor injuries, severe injuries, or wrongful death.
In such a case, the state will follow the pure comparative negligence standard, which holds both parties accountable for the accident according to the level of fault. This means that even when the defendant is 99% responsible for the accident, he or she can file a lawsuit and collect the 1% damages incurred by the driver.
The injured plaintiff has four years to file the lawsuit from the date of injury or two years if it led to wrongful death.
Bus accidents might occur whether caused by a school bus, a chartered bus, or a public bus. Such instances can be devastating, and the victim requires fair compensation. The responsibility for a bus accident might include a lot of parties, making it more confusing to the injured parties.
Bus Accident Liability in Florida
Florida is a no-fault state, meaning that the injured party should submit the injury claim to his or her own insurance company after an accident. If the costs of the damages are more than the policy, then the injured party can pursue compensation from the responsible party.
If a government entity is responsible for the accident, it might be challenging to pursue compensation from such a party due to the small claim window that is awarded to the plaintiff. If there are other drivers or passengers involved in the accident, they can also pursue compensation from the at-fault party. If the injuries are quite severe, then they are classified as catastrophic under Florida laws. In such a case, the pure comparative negligence rule applies, and the plaintiff is eligible for compensation according to the percentage of fault of the other party.
Florida laws also allow bus accident victims to file a case against all responsible parties if the injuries generate damage that is more than the PIP insurance policy. It is quite complicated to file such an extended claim since it requires proof beyond doubt that the injuries sustained from the accidents are severe enough to warrant a request for additional damage.
Florida has recorded one of the highest motorcycle accidents in the nation over the past years. Such accidents are severe and have complex legal processes due to the number of circumstances surrounding such an accident.
Duty of Care in Florida Motorcycle Accidents
Motorcyclists are supposed to follow the same road rules, just like any other person using the road. This means that they cannot split lanes or weave between lanes if there is a traffic jam. Also, they are required to undergo proper training and have appropriate licensing and insurance, although motorcyclists are required to observe specific rules while on the highway, other people using the road have a duty of care towards them as well.
That being said, if a motorcyclist is involved in an accident, the victim must establish that the accident was a result of someone else's negligence or careless action. One must establish the following:
- The defendant owed a duty of care to the defendant
- The defendant breached the duty of care
- The breach of the duty led to the plaintiff’s injuries
- The injuries resulted in damages
Fault in Florida Motorcycle Accident
Florida falls under no-fault states, which means that the motorist should turn to their vehicular insurance for coverage. Motorcyclists are not required to carry Personal Injury Protection(PIPs) but can carry a $ 20,000 policy for total bodily injury and $1 10,000 for every personal bodily injury and $ 30,000 for single limit liability.
If the injuries exceed the provided insurance policy or are considered permanent, then the
victim can proceed to sue the at-fault party. In such a case, the pure comparative negligence system applies, meaning that the motorcyclist gets compensated according to the percentage fault of the responsible party.
It can be complex to file a motorcycle accident case in Florida unless you involve a professional personal injury attorney. However, a Beverly Beach personal Injury attorney should advise and guide you throughout the process.
Medical malpractice arises when a healthcare provider breaches the standard of care when treating or attending to a patient. Florida laws define the standard of care as the level of care, skill, and treatment which a patient should be given based on his or her condition and is recognizable by a similar and prudent healthcare provider.
How to Prove Professional Negligence in Medical Malpractice
There must be reasonable aspects to support your compensation claim following a medical malpractice lawsuit. The factors that one should prove are:
- A valid doctor-patient relationship
- Prove of doctor’s negligence
- Proof of a link between the doctor’s negligence and your injuries
- Prove that you suffered damages as a result of the injuries
Damages Cap for Florida’s Medical Malpractice
Not until June 8th, 2017, Florida had maintained a damage cap on medical malpractice cases. The cap included a $ 500,000 cap on non-economic damages and a $ 1,000,000 cap on non-economic damages that led to the death or vegetative state of the victim. Since the above-stated date, Florida has maintained a no cap rule on damages, meaning that claimant can pursue full compensation for the damages resulting from medical malpractice without limitation.
Types of Compensable Injuries
For a victim to recover damages in a personal injury case, one must prove the severity of the injuries sustained from the incident. Different types of compensable injuries vary according to severity and body location. Common types of injuries involved in a personal injury claim include:
- Traumatic Brain Injury (TBI)
- Neck injuries
- Back injuries
- Spinal cord injuries
- Internal organ damage
The Relationship Between Injuries and Damages
Your Beverly Beach personal injury attorney will present your testimony to the court to prove that your damages were a result of the injuries sustained from the accident. In that case, the attorney will be targeting compensation for economic damages. Non-economic and probably punitive damages. Let's have a look at the different types of damages.
These are damages that have a financial value related to the injuries that one has suffered. It involves reimbursing the financial costs that the victim has suffered. Economic damages may include:
- Medical expenses
- Past and future lost wages
- Medical expenses
- Future medical expenses
- Property damages if any
Non-economic damages are also known as general damages. They represent damages that have no monetary value on them. It is hard to quantify non-monetary losses and can be hard for most attorneys to decide how to compensate for such damages. Common non-economic damages include:
- Disability disfigurement
- Loss of life of enjoyment
- Pain and suffering
- Loss of consortium or companionship
- The injury itself
Punitive damages are quite uncommon but are rewarded in egregious situations. The purpose of punitive damages is to punish the at-fault party for their negligent conduct as a form of warning to other people. The penalties can be substantial, so the judge or the jury has the discretion to set the award based on the limits in place.
For a victim to prove compensation for punitive damages, there must be reasonable evidence beyond doubt of recklessness or a great mental state.
If the victim succumbs to personal injuries, close members of the deceased should file for a wrongful death case. You should prove that the alleged perpetrator owed a duty of care and breached it, leading to the death to proceed with this kind of case. Once you have proven the wrongful death, you will become eligible for damages such as:
- Pain and suffering of the deceased victim before the demise
- The deceased lost wages
- Funeral and burial expenses
- Loss of consortium
Find a Beverly Beach Personal Injury Attorney Near Me
Any personal injury lawsuit can bring a lot of suffering and financial constraints to the affected party. Therefore, the concerned parties deserve full compensation for all the damages that result. This cannot be achieved without the help of a professional personal injury attorney. If you are in Beverly Beach in Flagler County, we at the Jacksonville Personal Injury Attorney are ready to help you through your case. Contact us today at 904-494-8242 and talk to one of our attorneys.