The nature of an accident causing an injury is that it is unplanned, unexpected, and unwanted. Unfortunately, an accident still happens, causing injuries to the victim. When a person gets injured, they will incur expenses in treating their injuries in an attempt to get their lives back to where they were before the injury. Fortunately, a crash victim can get compensated for the losses they incur as a result of the trauma from the party responsible for the collision. In pursuing compensation for the expenses, engaging a lawyer is essential to getting reasonable compensation. When injured in Bardin, contact the Jacksonville Personal Injury Attorney to represent you and obtain compensation.
Basic Understanding of Florida Personal Injury Laws
There are multiple ways a person can sustain an injury. Some of the ways include:
- Injuries from dog bites
- Boating accidents
- Traffic accidents
- Workplace accidents
- Premise accidents and
- Airplane accidents.
The injuries one sustains following these types of accidents vary in severity. Some may get treated easily and require less money that your insurance can cover while others result in permanent damages. In Florida, the owner of a premise or a dog covers the damages caused by the injuries.
To win compensation in your injury case, you must, however, show the other party was responsible for your injuries. With a local Bardin Personal Injury Attorney, you must demonstrate how the recklessness or negligence of another person or party resulted in your injuries.
When the accident happens, you must preserve and gather evidence that will help you win your claim. Some of the things that will help you with your case following the accident are:
- Document all that comes to mind regarding the accident and the injury sustained
- If there are persons that have witnessed the accident, get their contact details
- Ensure to report the accident to the relevant parties, for instance, a business owner or manager, dog owner, police, insurance, or animal control, among others.
- Most people have digital phones, using your camera, take photos of the scene and the injuries you have sustained as well as the surroundings.
- Get in touch with a Bardin Personal Injury Attorney who will advise you on your claim before you discuss the application with any insurance provider or make statements about it.
In recovering damages in Florida, you must show the following concerning the other party or person:
- Owed you a duty of care but failed in that duty
- As a result of their failure, you sustained injuries
- Because of the injuries, you suffered financial damages that you are seeking presently.
Injuries involving automobile accidents are, however, different in Florida. When it comes to these injuries, Florida is a no-fault state meaning a victim of the accident will seek damages from their insurance company. This is irrespective of who is to blame for the accident. When you are a driver in Florida, you must have a personal Injury Protection policy that will cover at least $10,000 for an accident.
The law in Florida only allows for an injured victim to file a lawsuit to recover damages when they suffered significant injuries. In this case, severe injuries are those that lead to:
- Severe and complete loss of a bodily function or amputation
- Permanent injuries based on the doctor’s report such as catastrophic brain injuries or spinal cord injuries
- Permanent and significant disfigurement or scarring
- Significant damage to organs
In understanding the requirements for compensation following an injury, one must understand how the law gets applied in various situations that cause injuries. These are:
Personal Injury Claims in Traffic Accidents
Most personal injury cases result from traffic accidents. As earlier mentioned, the state of Florida is a no-fault state meaning each driver must have a PIP cover to take care of their damages upon an accident. When one has this cover, they get compensated for the costs they incur irrespective of who was to blame for the crash.
However, the law allows victims of vehicle accidents to file a lawsuit seeking compensation for damages when they suffered substantial injuries. The parameters that make an injury significant in Florida are as described earlier, and your lawyer is instrumental in assisting you to know it.
Before suing for damages, you must be sure who is responsible for the accident. This means one must establish the cause of the accident to know the right party to seek damages from. When an accident occurs, it is not always obvious who is responsible for it. However, a Bardin Personal Injury Attorney is experienced in establishing fault following a traffic accident. Some common causes of crashes are:
Drunk drivers cause many accidents. The law prohibits a person from driving while impaired by alcohol. This means, when you suffer significant injuries, you will seek damages from the insurance company of the drunk driver.
Dangerous Road Conditions
An accident can happen due to a road hazard. For instance, while you were mindful of your driving, you hit a pothole that results in a rollover accident. Rollover accidents are very violent and lead to significant injuries. In this case, the party responsible for the accident is the state agency responsible for keeping the roads in good condition.
Your lawyer, while suing for compensation from the state, must show that the entity was aware of the pothole on the road. Additionally, they had sufficient time to rectify it but negligently ignored taking care of it. Because of the negligence of the state agency, you got involved in an accident that resulted in your injuries. These injuries cost you money to treat as well as money to repair your damaged vehicle.
An accident is not always the fault of another road user or hazards on the road. Sometimes, a faulty part, such as malfunctioning brakes, can cause an accident. The vehicle can also have problems with its manufacturing or design that leads to the accident. Your lawyer on establishing a mechanical fault resulting from the manufacturing of the car or a faulty party will seek damages for your injuries from the vehicle or part manufacturer.
Knowing who to seek damages from is essential if you hope to receive compensation. Sometimes, an accident can involve multiple cars or be as a result of various reasons. Here, your lawyer must also establish who is to blame or sue for the damages.
Pure Comparative Negligence Law in Florida
When you sue for losses, Florida will use pure comparative negligence law when the other party uses comparative negligence as a defense. This means that the entity or person you are suing for damages refuses to be solely responsible for the costs and claims you were to blame too.
In court, the other party will present their argument as your Bardin Personal Injury Attorney argues why the other party should take full responsibility for the costs. The jury evaluates the evidence brought and the various arguments to reach a conclusion of who to blame. If both parties are found responsible for the accident, a degree or percentage of fault gets established.
Irrespective of the percentage of your fault, you will receive damages accordingly. For instance, if you were responsible for 20% of the car crash, you will get 80% in costs.
Faulty Products Claim
An accident can also happen due to a faulty product released in the market. For instance, we established that a car accident could occur if the brakes fail or any other crucial part of the vehicle. When a person suffers injuries due to faulty products, you can get awarded damages due to the injuries.
In Florida, however, claims for product liability are different from those of traffic accidents or premise claims. If you got injured due to a defective product, your lawyer would sue for damages based on the strict product liability laws in Florida. These laws state that a manufacturer must release an excellent product to the market that does not cause harm to its users. If a product, when used in the manner it was supposed to be used, causes injuries, the manufacturer is liable for the damages due to the injuries.
Many people also get injured in various premises and suffer huge losses as a result. Both owners of private residences or commercial entities must keep their premises in excellent conditions to avoid accidents. When for instance, you walk into a restaurant, and there is a spillage on the floor, one can easily slip and fall, resulting in injuries. The business owner has a responsibility to ensure the floors are well maintained and if they are wet to put a warning sign for the customers to be careful.
When you get injured on a business premise, for instance, the business owner takes responsibility for the damages you suffer. You must first inform the business manager of the accident for their action. As you wait for help, you need to collect all the evidence you can that will support your claim. These are things like photos, statements from witnesses, and anything else that can support your claim.
The Principles of Negligence
Negligence is at the center of cases that cause injuries to victims. When pursuing your losses, your lawyer must prove the other party was negligent, resulting in the injuries. Your Bardin Personal Injury Attorney will assist in determining the various elements of negligence to ensure compensation.
For instance, if an accident was as a result of a poorly maintained road, your lawyer must demonstrate how the state agency was negligent in their duty to maintain the road. They must establish that the agency was aware of the road condition. That they had the time and capacity to repair the condition and ignored it, and their negligence resulted in an accident that caused your injuries.
Damages Following an Accident
When injured or hurt in an accident in Florida, you will spend money in treatment, suffer from injuries, and lose income as a result. All the financial losses you undergo as a result of your injuries are compensable in Florida. Additionally, other non-financial damages have also compensated that result from the injuries. Compensable injuries in this case include:
When injured, you will need to seek medical care for the injuries. Depending on the severity of the injuries, the costs will vary, and the procedures as well. Some injuries will require surgery or other medical procedures and a stay in the hospital while others require only emergency room treatment.
When the injuries require extended periods of treatment, the cost of these treatments is compensable. Both present and future costs of treatment for the injuries sustained must be included in your claim for compensation. The cost of medicine and all the medical procedures are also included in the claim to the insurance company.
Lost Wages and Earnings
When one is recovering from the injuries, they may be forced to miss work for a few days or weeks. Sometimes, a person may have to miss work for extended periods meaning they will have no means of supporting themselves. The law allows for compensation income lost during this period.
Catastrophic injuries typically result in permanent disabilities that will render the victim unable to earn a living. The lost ability to earn an income is taken into consideration, and the victim compensated for the same.
When you are involved in a traffic accident, your vehicle will get damaged as a result. The cost of repairs or replacement of the car is also compensable in Florida.
Pain and Suffering
Injuries will automatically cause your pain as well as suffering. Although this damage is not financially quantifiable, it is a valid cost that is compensated in Florida.
Accidents can result in the death of a victim. The family of the deceased victim can seek damages for their wrongful death. When getting compensated for the life of a loved one, the insurance company considers the age of the victim, the income they were generating, and dependants.
In making sure that you receive the damages you deserve, it would be essential to engage a Bardin Personal Injury Attorney to negotiate with the insurance adjusters for you. Additionally, your lawyer will fast track your claim so that you receive your damages within the shortest time possible.
Find an Excellent Personal Injury Lawyer Near Me
No one wants to get injured, but when you do, you will incur costs as you get treatment. Fortunately, you can get compensated for the money you spend on getting treatment and the funds which you lose as you heal from the injuries. Pursuing compensation is not always straightforward and involving a lawyer is an excellent idea in speeding up your payment. When in Bardin, calling the Jacksonville Personal Injury Attorney will help speed up your claim. Reach us at 904-800-7557, and our attorneys will seek your claim diligently.