Accident-related injuries occur every day in Butler Beach to road users who least expect it. When you sustain injuries, especially if it is not your fault, you should have someone by your side to defend your rights.
Jacksonville Personal Injury Attorney law firm has deep roots of operation in Butler Beach. We aim at legally representing those clients that wish to seek financial compensation after an accident. With our several years of experience, we have continuously provided and continue to provide expert legal representation, and we strive to produce the best possible outcome for our clients. If you have been in an accident, call us as soon as possible, so we can establish if you have a claim to pursue. This article looks at the different areas of personal injury law that we handle.
Wrongful death refers to a demise that resulted due to the negligent acts of another person or entity. It can occur due to various situations, including car accidents, defective products, pedestrian collisions, medical malpractice, etc. A wrongful death claim, on the other hand, means a civil suit that can be filed in court when the carelessness or wrongful acts of a person results in the demise of another party.
Filing a wrongful death lawsuit indicates that you’re seeking compensation to help you offset the losses you have had from the death of a loved one. Also, it could show that you’re seeking justice for the victim’s untimely death. You have two years from the demise of your loved one to file a wrongful death claim, failure to which you will lose that right, and you won’t be able to be compensated.
Note that there’s a difference between wrongful death and murder. A murder is a deliberate act to end someone else’s life. Generally, murders are pre-planned occurrences, although we have cases of negligent homicides. On the other hand, wrongful death is usually attributed to a horrific accident that occurs due to someone’s carelessness. A murder is judged in a criminal court and punished by a jury. Afterward, the defendant is jailed, imprisoned, or executed in particular cases. Wrongful death cases are brought before civil courts. The aim is to compensate the grieving ones for their non-economic and economic losses.
Most car collisions in Butler Beach happen due to negligence. That is the failure for one to act with a particular degree of caution when driving. When an accident occurs, car crash attorneys and your insurance provider will do an investigation to determine whether or not you were negligent.
As for you, there are several critical steps you should take after the accident to have the best possible outcome for your claim. Apart from seeking urgent medical attention, filing a report with the police, and informing your insurance provider about the crash, you should also contact a skilled car accident attorney for expert legal representation. Even if you feel your case is a simple one and that you’re guaranteed compensation, we highly advise that you work with a competent Butler Beach Personal Injury Attorney.
Additionally, for you to have the best chance at winning, your lawyer must show that it’s the negligence of the liable party that caused the crash. For instance, the lawyer could prove that the defendant was driving while intoxicated or texting while driving. If your car or that of the defendant was defective and the defect played a role in the accident, you can file a claim against the vehicle manufacturer or the manufacturer of vehicle parts. Also, there is faulty road design, construction, or maintenance that could cause car accidents. If this is the case drivers or vehicle manufacturers won’t be the ones to blame, but the government body in charge of that roadway.
Standard collisions are bad enough by themselves. However, when these crashes involve large trucks, the loss, damage, and injuries can be overly devastating. Truck-related crashes can total automobiles, inflict severe injuries, and cause death. The victims who survive these types of accidents are usually left with mental and physical disabilities from which recovering may be impossible. Even if you recover fully, you will most likely have missed work for a considerable period, which would make it difficult to sustain your cost of living and paying your medical expenses.
Different parties may be responsible for damages from a truck accident. Based on the events that eventually led to the collision, you may have the ground for filing a suit against:
- The truck motorist
- The company that employed the truck driver
- The auto manufacturer or the manufacturer of its parts
- The municipality in charge of maintaining the roadways where the collision occurred
- The company in charge of maintaining the truck
- Other drivers that were in traffic close to you
- The company responsible for loading cargo
You should trust your motorcycle accident case with your Butler Beach Personal Injury Attorney since he/she would know how to collect the kind of proof needed to show negligence, fault, and damages. For you to make sure you have a higher chance of being compensated, you should let your lawyer help you to investigate the accident thoroughly before settling the case. Your attorney may be capable of uncovering valuable evidence that may include:
- Driver’s logs
- Tollbooth receipts
- Mobile phone records
- Eyewitness testimony
- Black box data
- Dash camera footage
- Surveillance footage
- Truck maintenance records
- Photos of the accident scene
- Weigh station records
- A statement from an accident reconstruction expert
A pedestrian can be knocked over by a motorcycle, bicycle, truck, car, or a bus while walking. If you are a pedestrian, there are different ways you can seek to recover damages for your injuries if you get hit by any of the vehicles we have mentioned above. You may bring a claim against your no-fault insurance, with the responsible party’s no-fault insurance, or with the driver’s vehicle liability policy.
The issue of liability in a pedestrian-crash may seem straightforward. The motorist goes faster compared to the walker, and it’s less likely that they will sustain injuries in a collision, so there is mostly no question in the pedestrian’s mind that the motorist is liable for the crash. Unluckily, a pedestrian injury claim is rarely an open & shut case that offers quick damages to walkers.
For you to get compensation, you need to show that another person’s acts directly caused your losses and injuries. As with all other cases, you need to prove that the liable party was negligent. The four elements of negligence include:
- The at-fault party owed you a duty of care
- He/she breached that duty of care
- The carelessness of the liable party caused your injuries
- You suffered losses as a result of the injuries
Apart from the motorist of the vehicle that knocked you down, several other parties could have contributed to the crash. They include:
- The local municipality if it is the poorly-placed sidewalks, ineffective parking lot maintenance, malfunctioning traffic control devices, or any other safety hazard that caused your accident.
- A product manufacturer if a defective device, for instance, a skateboard or scooter, made you swerve into the pathway of approaching traffic.
- Insurance companies- You can file a claim with your insurance company or against the motorist’s insurance policy.
- An entity or another pedestrian if they made you incapable of using the crosswalk, which in turn made you get hit by a vehicle, for instance, a passing cyclist or driver who forced you off the sidewalk.
- Yourself if you contributed, to a given extent, to your injuries. If this is the case, your compensation will be lessened by your percentage of fault for the accident.
Cases involving bus accidents are more complicated compared to car collisions since several passengers could be bringing claims simultaneously, and there could be several vehicles involved. Additionally, the bus motorist could be entirely to blame for the crash. This implies that the transportation system or the company could be responsible for substantial claims to multiple persons.
The law permits injured individuals to bring claims against all liable parties if the injuries caused damages that go beyond what their PIP insurance policy can cover. This implies that other motorists can be held responsible for financial compensation too. The laws for bringing extended claims in Butler Beach can be quite complicated since the injury has to qualify as severe enough to warrant further damage requests. Typically, it always takes a skilled Butler Beach Personal Injury Attorney to solve the additional lawsuits in court.
Florida is a no-fault state. This means that hurt passengers in a bus accident in Butler Beach will submit a claim first to their insurance company. Then, if the compensation amount goes beyond their policy, they can pursue damages against the company, bus driver, or government municipality.
Passengers or drivers of other vehicles that are involved in a collision with a bus may also seek compensation from the bus motorist if their injuries are so severe to be categorized as catastrophic. The pure comparative negligence rule applies, which means an injured motorist can get financial compensation even when he/she is partly to blame, but their percentage of fault will reduce their total compensation.
It is critical to understand that Butler Beach motorcyclists have similar rights and duties as other motorists. For example, when it comes to rights, a motorcyclist has the right to use a full traffic lane. And when it comes to duties, a motorcyclist is prohibited from riding between traffic lanes, for instance riding along the yellow line between two autos
Contributing factors to motorcycle accidents in Butler Beach include the fact that it hosts several motorcycle enthusiast events and that most motorcyclists don’t put on helmets. If you’ve been in a motorcycle crash in Butler Beach whether as a driver, pedestrian, or motorcyclist, you can seek compensation for the resulting injuries.
For you to be compensated, you together with your Butler Beach Personal Injury Attorney must prove that another person’s negligence led to your injuries. Proving fault in motorcycle accident cases is the same as in car crash claims. For instance, your lawyer can show that the responsible party was:
- Driving under the influence
- Failed to yield the right of way
- Made an improper turn
If your personal injury claim is successful, you will recover damages for medical expenses, lost income, property damage, loss of future earning capacity, pain & suffering, etc.
There are several ways through which a medical professional can commit medical malpractice. However, it’s critical to note that just because a nurse or doctor commits a mistake doesn’t mean they’re responsible for malpractice. There are legal standards that should be met, and that is proving that a violation of the standard of care took place. The following can be grounds for medical malpractice in Butler Beach:
- Improper anesthesia administration
- Avoidable injuries that arise while admitted in the hospital
- Delayed diagnosis or misdiagnosis
When you are injured because of a medical professional’s negligence, you can file a suit. As we mentioned above, bringing a malpractice claim in Butler Beach can be complicated. For instance, you have to prove these elements successfully:
- The medical professional breached the standard of care he/she owed you
- The medical professional’s violation of the standard of care was the cause of your injuries
- You suffered significant harm that resulted in substantial medical bills, extensive pain & suffering, and missed time from work, as a result of that breach of the standard of care.
If you have been severely injured due to the negligence of a medical professional, you must consult a medical malpractice attorney. This is critical because the current changes to medical malpractice laws have negatively affected injured victims. Trying to handle an experienced malpractice insurance attorney by yourself may lead to your case being dismissed on a technicality.
Types of Compensable Injuries
When you are involved in an accident, you will most likely sustain injuries that range from slight to severe. The severity and extent of the injuries you sustain depend on different cases, for example, the type of accident. When this happens, and that crash was not your fault, you are entitled to seek compensation from the at-fault party by filing a personal injury compensation claim. Your Butler Beach Personal Injury Attorney can help you recover compensation for injuries that include:
- Head injuries
- Scars and burns
- Injuries of the spinal cord
- Loss of limbs
- Muscle, joint, neck, bone, and back injuries
- Knee damage
- Traumatic brain injury
- Permanent disability
Find a Competent Butler Beach Personal Injury Attorney Near Me
It is heartbreaking to learn that you followed all road safety rules, but you still got involved in a crash because of the negligence of someone else. If this is the case, it is only fair that the negligent party pays for their mistakes. You can make this possible by filing a personal injury claim, which upon winning; the at-fault party will pay for your loss. However, to win, you need the help of an attorney. We at Jacksonville Personal Injury Attorney law firm will help you with your personal injury claim. We will strive to make sure you receive your deserved compensation. Contact us at 904-800-7557, and let us get started on solving your case.