Incurring personal injuries in a traffic accident ,while undergoing treatment or in the work-place can impact your life from just a slight disruption in your life to completely overturning your accustomed lifestyle. This further is complicated when you have no legal backing to have damages for injuries suffered compensated. We at Jacksonville Personal Injury Attorney, pursue your case aggressively to help you obtain optimal justice and compensation in Fruit Cove.
Types of Accidents That Result to Personal Injuries
Below are the common accidents that result in personal injuries:
A pedestrian may be hit by a vehicle while walking on the crosswalk or crossing the street. The next important fact to establish after necessary medical care is, who is at-fault. The driver and the pedestrian may be negligent in the same accident scene for failing to exercise the utmost reasonable care. In states with pure contributory negligence law, a careless pedestrian cannot recover their damages while in states with comparative fault law, the partly negligent pedestrian can recover some losses.
An injured pedestrian can claim compensation to the at-fault driver’s vehicle insurer. All states require drivers to have third party vehicle insurance cover for compensating injuries and damages to third parties. The insurer’s policies and facts in the accident determine whether the pedestrian will be paid and the amount.
In the no fault-states, under the personal injury protection (PIP) plan, the insurers pay the damages done to pedestrians regardless of who is at fault. However, the laws of compensation under PIP in no-fault states vary according to states.Some states have other compensation schemes. A Fruit Cove Personal Injury Attorney will guide you in how the details of your accident affect your compensation and the available recovery options you have in your state, whether you can sue the driver or the municipality.
There are more hazards for motorcycle accidents than for cars. The compensation is also tricky due to the stereotype that motorcycles are careless on roads. You, therefore, need to establish who was at the-fault in the accident. If it is not clear who was at-fault and the willingness to wait for longer for compensation may determine your decision to go for a court trial. This lawsuit is subject to the statute of limitations. The pure contributory negligence law and the comparative negligence law will also affect your compensation depending on your state. In most cases, the compensation claim ends up in a settlement where the plaintiff and the defendant agree on the compensation amount, and both give up their rights to file a lawsuit in future. The settlement amount depends on:
- Whether the defendant is liable and the level of liability
- The total value of both economic and non-economic losses incurred
- The economic scale of disruption the accident has caused in your life
- The ability of the defendant to pay either through the auto insurance coverage or personal assets
- The odds of the plaintiff winning the case
The details of motorcycle accident compensation can be complicated factoring in the stereotypes held by the public as well as the jury. A local Fruit Cove Personal Injury Attorney will advise you on the most reasonable action in your claim and help you overcome the prejudice associated with motorcycle accidents.
Car accidents can result in several injuries that may need compensation. Get all the material facts of the accident if able and document them with the police. Seeking medical care will help further document the losses due to the accident. If one resides in a no-fault state, they can get compensated by their insurance company through PIP cover.
It is worth noting that living in no-fault states implies that you can neither file personal injury claims nor be compensated for pain and suffering unless the medical bills cross the stipulated threshold according to varying state laws. If they reside in any state, the medical cover will cater to medical expenses. These two can compensate one regardless of who is at fault, but the claim can be difficult when dealing with the negligent driver’s insurer. You must inform the driver’s insurer of your intention to file a claim. You also need to notify the at-fault driver about their liability for their damages since their cover only caters up to the policy limits. Here you need to prove that:
- The at-fault driver’s negligence caused the accident
- The accident directly resulted in your injuries
- The injuries resulted in the damages you are claiming
One should also inform and cooperate with their auto insurer about the accident since they are liable for other losses, such as car reimbursement. When dealing with the other driver’s claim adjuster, who investigates the accident and negotiates the settlement, be careful what you talk about the accident. You need to protect your privacy and rights. Always involve a lawyer who is experienced in personal injury claims to help you in the negotiation and ratification of your settlement.
Rollovers and lack of safety fitting structures like seatbelt and airbags increase the continuum of the injuries from a bus accident. One can file a third-party claim on the negligent driver’s insurance cover, if injured as a passenger, for compensation on both economic and non-economic losses. However, complications may arise from two situations:
- The insurance company of the at-fault driver will defend their client unless you give evidence of his negligence
- When your bus driver is at-fault since the government entities operate the buses, and it is complicated to file a personal injury claim against the government.
Sovereign immunity laws protect government agents and employees. Fruit Cove Personal Injury Attorneys can help you to file a claim of notice, within statute of limitations, against liable government entities. The claim of the notice contains:
- A written official statement by the plaintiff demonstrates his intention to ask for compensation for damages due to the negligence of the driver or the government agent.
- Facts regarding the bus accident
- A coherent description of the damage they intend to claim compensation for
- The plaintiff’s identification details
The government can reject the claim of notice, which calls for filing litigation or accept the claim of notice partially. However, the government cannot deny litigation against itself if the plaintiff complies with the established strict requirement of the lawsuits. The plaintiff, therefore, has to prove the liability of the driver or the government agent by showing that:
- The driver had fatigue that impaired him to drive
- The driver was intoxicated at the time of the accident
- The driver was not qualified or experienced to drive the bus
- The bus and its equipment were not mechanically fit to operate
- The bus was loaded beyond the required capacity
The litigation may be successful for compensation, depending on the evidence that the defense presents for the liability of the driver. Still, the states, in most cases, limit plaintiffs from receiving compensation on non-economic damages such as loss of consortium.
If a private entity operates the bus, then one may follow the typical claim based on the negligence of the at-fault driver.
Truck accidents are the most fatal of all. One may be incapacitated to work or die. The accidents occur due to negligence of the driver or absconding some traffic statutes such as overloading and exceeding the speed limit. If you are injured in a truck, you can sue for the driver’s negligence or the owner of the truck for negligent supervision or employing. The insurers of trucks require premiums compared to other ordinary vehicles to be able to compensate their liable clients. If multiple defendants cannot agree on the compensation to the plaintiff, which results in a court trial if they disagree or it is not clear whether the plaintiff is at fault.
However, there are two circumstances that a driver of a truck cannot be held negligent:
- When a vehicle jackknifes due to sudden turning or braking to avoid unforeseen accident hazard and causes an accident
- When a car causes an accident while turning and occupying another different lane of the highway.
This form of personal injury occurs when a medical care professional such as doctors and nurses inflict harm when dealing with patients. The patient victim can file a lawsuit against the health care practitioner, but certain conditions must be met for the validity of the suit. These conditions include:
- The doctor-patient was mutually established in that the patient procured the services of the medical professional while the professional accepted to offer the services
- The doctor was negligent in that an expert of the same capacity would not carry out the treatment or diagnosis like him. The patient must involve an equivalent expert to prove that the doctor at-fault made a professional blunder
- The doctor’s negligence caused the patient the harm
- The harm resulted in damages such as increased medical bills, loss of earning ability, pains, and mental anguish.
The malpractice may be a misdiagnosis, failure to warn the patient about the risks of specific procedures and drugs, and administering the wrong treatment. The patient must file the claim for compensation within a statute of limitations, always between six months to twelve months.
Being compensated for medical malpractice injuries can be complicated due to the sensitivity of medical practice. If you are seeking compensation for damages caused by medical malpractice, the best option you can have is approaching a Fruit Cove Personal Injury Attorney to help you through the complicated medical-legal matters.
The above accidents can result in various injuries that vary in intensity and implication of one’s life. Injuries are compensable if the laws of the specific states support it.
Types of Compensable Injuries
Personal injuries incurred at the place of work are unique forms of damages that need a particular compensation plan. The plan is effected through the workers’ compensation coverage provided by the employers as required by the law. This cover caters for the employees if:
- The personal injuries are sustained in the work-place and
- While performing the official duties of the organization or anything as assigned by the organization
Workers’ insurance cover is meant for all employees and not independent contractors. The employees are all those who are taxed under the prevailing taxation laws. An employee forfeits compensation if they get injuries in misconduct. The types of injuries covered under the workers’ compensation cover are:
Damages Due to Repetitive Motion
These are caused by the consistent movement of the muscles as a result of doing the work repetitively. The types of injuries in these categories are:
- Cumulative trauma disorders
- Repetitive stress injuries
- Repeated motion injuries
A repetitive task like typing leads to an injury known as carpal tunnel syndrome, whereas back pains can result from arranging items on the shelves repeatedly. The workers can have their medical costs, paid rehabilitation programs catered for, and paid for impairment.
Job-related stress is one of the major causes of illnesses. It can lead to diseases such as cancers and heart diseases. However, it is challenging to prove work-induced stress has led to illness and further distinguish it from personal stress. Nearly half of the states lack laws providing for compensation of mental stress illnesses. For instance, mortuary attendants may experience the trauma of being surrounded by dead and mutilated human remains.
These are illnesses resulting from the duties in the industry. There must be a causative relation between the risks and the illnesses that caused the injuries the employees want to be compensated. An expert committee is always made to determine whether the disease has links to hazards the employee is exposed to in the work-place. Some of the occupational diseases:
- Loss of hearing due to loud noise
- Asthma due to exposure to allergens and dust
- Tennis elbow due to lifting heavyweights
Occupation illnesses are compensated only when they are recognized as industrial illnesses. A potential claimant for compensation on a work-related personal injury needs the top-notch services of a Fruit Cove Personal Injury Attorney that is experienced in evaluating work-related compensation cases and establishing the link between mental stress and the damages for the benefit of clients.
Sometimes the personal injuries sustained in an accident, whether traffic is or in hospital, can result in death. Before death, the casualty or patient may suffer physical pain, and in turn, their death results in damages and a crisis in the life of the survivors.
Wrongful death results when one dies due to the legal faults of another person. The person at-fault may be a negligent driver, employers, government entities, contractors, designers, companies, and medical care personnel. A wrongful death lawsuit is filed by a representative of the decedent’s estate on behalf of the survivors. The survivors who stand to recover after a successful wrongful death vary according to state. The survivors include:
- Immediate relatives such as spouses, parents of unmarried children and children of the deceased as supported by laws of all states
- All who are financially dependent on the deceased such as life partners
- Parents of a dead fetus when a child is born alive and dies due to the fault of a person.
It is good, however, to understand the mesh of legal difficulties associated with filing a lawsuit, against a person or an entity protected by sovereign immunity laws. If wrongful death litigation is successful, the following damages depending on the case are compensated:
- Suffering and pain underwent by the deceased before death
- Medical costs before death and burial expenses
- Loss of companionship and consortium
- The lost nurturing and care expected from the deceased
- The lost inheritances
The filing of a wrongful death lawsuit can be involving and more complicated when dealing with entities protected by sovereign laws. A Fruit Cove Personal Injury Attorney can be available during an unfortunate event when your loved one dies from personal injuries to help you get compensated.
Find a Fruit Cove Personal Injury Attorney Near Me
Pursuing justice, compensation for damages incurred due to personal injuries can be legally tedious, due to the complicated forms the state law takes in various situations. We at Jacksonville Personal Injury Attorney are experienced in personal injury cases. We will explain to you the various consequences of your decisions and represent you in the correct choice of legal action. Call 904-800-7557 for a free consultation today.