Accidents can occur anyway and unexpectedly. You can get an accident from your home, a friend’s house, a commercial building, workplace, road accident, and even in the place people consider safe, the hospital. Regardless of where an accident occurs and how it happens, the repercussions are the same. A victim of an accident will suffer injuries to their body that will result in financial damages. Although these injuries and damages differ from one victim to another, the underlying factor is that each victim is entitled to get awarded damages for the accident.
When pursuing your damages, however, it can get frustrating, making it easier and more prudent to hire an experienced personal injury lawyer to do it for you. When in Palm Valley, a local attorney can help pursue your claims. At Jacksonville Personal Injury Attorney, we are committed to making sure our clients get the best representation and damages possible.
Types of Compensable Accidents in Florida
Accidents are not only about the road, although these are more prevalent than others. You can get an accident causing injuries from anywhere at any time. Fortunately, you are entitled to receive damages for the accident in Florida. Here, we discuss various kinds of accidents that can happen to you and how you can seek damages for them. If you are involved in any of these accidents, a Palm Valley Personal Injury Attorney will assist with your losses claim as you focus on your recovery.
Accidents at the Workplace
Accidents at the workplace though not as common as road accidents, do occur, leaving the employee with significant injuries. When a worker gets injured while at work, the state of Florida has laws that provide for their compensation. There are requirements however, to getting your damages. One of the most essential requirements is reporting the accident to your employer. In Florida, every employer must have a compensation coverage policy from an insurance company. If an employer opts to self-insure, a certificate of the same must be issued by the state.
Florida, just like other states, has a no-fault system of compensating workers. Nevertheless, seeking compensation for damages suffered due to injuries at the workplace is faced with resistance. You must prove the injuries happened at the workplace and the extent of the damages. This is overwhelming, especially when you are still recovering. You do not want to get less than what you deserve in damages. This calls for you to get a local Palm Valley Personal Injury Attorney that will pursue the costs for you.
When injured at your workplace, you are entitled to the following compensation, among others:
- Lost wages benefits for the period you miss work
- Impairment losses in case you get a limb amputated or get permanently disabled
- The medical expenses you incur
- Rehabilitation for a new kind of job if the injuries do not allow you to continue with your current work.
One of the things to do in ensuring you get damages is reporting your injury to your employer. The law on employee compensation requires you to report this in thirty days. If you have an illness condition that grows with time, your employer must know of it in thirty days upon determining its relation to your employment. Failing to stick to the deadlines can, however, deny you part of or all your benefits.
When reporting or raising this claim, your lawyer must indicate:
- The date the alleged accident occurred
- How it happened and
- The symptoms or signs you are having
After reporting, your employer decides on the occupational doctor you will visit as permitted by the law. You must explain to the doctor in detail what you are going through, the reason for the injuries, and how severe your symptoms are.
Sometimes injuries can leave you permanently disabled and unable to work. When this happens, you can receive permanent total disability funds according to the laws in Florida. These benefits are only available to workers that display total disability.
Wrongful Death at the Workplace
When an employee dies due to work-related injuries, their living family can receive damages for their death. However, the law states that the death must have occurred in a year from the accident date. Or in five years with a continuous condition from the accident. The maximum benefit a family can get from wrongful death is $150,000. The employer or their insurance company will attempt to pay you the minimum amount, making it essential to get a lawyer to represent you.
The family is also entitled to receive damages for the burial and funeral of their loved one. The maximum funds for funeral expenses are put at $7,500.
Road Accidents in Florida
There are many types of road accidents occurring in various ways. Florida is one of the most populated states in America, and as such, the roads are filled with motorists moving from one place to another. When involved in a road accident, the damages will include injuries to your body and damages to your vehicle. All these damages are compensable by the responsible party to the accident.
However, determining fault in some accidents is not easy. This will require you to get a local Palm Valley Personal Injury Attorney experienced in seeking accident claims. Some of the prevalent road accidents in Florida are:
Bus accidents may involve school buses, tourist buses, or regular passenger buses. Buses are classified as common carriers, meaning they are expected to exercise more care for their passengers and other road users. A bus can get involved in a head-on collision, rollover accident, T-bone accident, pedestrian accident, or a single-vehicle accident, among many more.
Irrespective of how the accident occurs, injuries get sustained, and the victims and their families suffer damages. Fortunately, the state of Florida allows for a victim of the accident to receive damages from the responsible party to the accident. You must understand that insurance companies or bus owners will do everything they can to apportion blame. This is because accepting liability means they are responsible for all the damages.
The size of a truck means the impact of the crash is significant. As a result, the damages to the vehicle involved or the victim are substantial. Most truck accidents result in catastrophic injuries to the victims involved. This means the cost of medical care is high, and the damages can be permanent. A victim of such an accident will get compensated for the cost of treating their injuries and repairing their car.
Many people like using motorcycles for recreation and also as a mode of transport. Bikes are hardly stuck in traffic, making them a preferred choice for some people. Unfortunately, they also get involved in accidents either with other road users or by themselves. The injuries from such accidents are significant, with some leaving the victim in a vegetative state. The cost of medical treatment, lost income, among others, is overwhelming. A victim of such an accident is allowed to receive damages for the accident as well.
Cyclists can also get involved in a road accident resulting in death or substantial injuries. If the cyclists die, their family can receive compensation for their life and the cost of burying them. If the victim stayed in the hospital getting treatment before their death, the cost of the treatment must get compensated as well.
Road accidents often do involve pedestrians. Sometimes walking on the highway, a vehicle may veer off the road and crash onto a pedestrian. Other times, a pedestrian may recklessly cross the road or carefully do so and still get knocked down.
Liability in Traffic Accidents
When involved in a traffic accident in Florida, you may wonder who takes responsibility for your damages. The state of Florida follows the pure comparative fault rule. This means the party responsible or that caused the accident is accountable for the damages thereof.
This rule makes it more critical for you to engage a Palm Valley Personal Injury Attorney to pursue your claim. Insurance companies or the party liable for your damages is not always eager to pay you. If they can find a way to blame you for the losses and avoid paying you, it is a benefit to them.
Your lawyer understands this and the importance of establishing fault. If, for instance, a vehicle runs a light and knocks down a pedestrian that was rightfully crossing the road, the vehicle owner will be found liable. This means, their insurance company is responsible for paying you damages incurred due to the injuries.
If, on the other hand, you are found to have been partially responsible for the accident, you will receive damages equivalent to the percentage responsibility of the other party. For instance, after filing the claim suit, if the jury finds you were 40% responsible for the accident, you will get damages of 60%. The comparative fault rule in Florida does not matter if you were more responsible for the crash. Costs are apportioned according to the degree of responsibility.
Medical Malpractice Compensation
When you are sick, you go to see a doctor or visit a hospital. Unfortunately, the place where you should feel safer can cause you harm. Medical malpractice accidents can cost a victim their life or result in life-changing injuries. Although one cannot recover their loved one or the permanent damages caused by these accidents, damage compensation helps alleviate the financial burden to the victim and their family.
Medical malpractice can happen when a patient gets misdiagnosed, given the wrong medication, during a surgical procedure, or childbirth, among others. Medical practitioners do not deliberately make accidents, but when they do, the consequences are significant to both the practitioner and the patient. The practitioner can get sued for the negligence resulting in the loss of their license while the patient can suffer death or life-threatening injuries.
Proving medical malpractice, however, is not easy; neither is seeking damages. A Palm Valley Personal Injury Attorney understands the requirements in these and will make sure you are rightfully compensated.
In medical malpractice claims, you must prove negligence on the part of the practitioner to get compensation. The law allows you to file your claim within two years from the date of the injury. If this deadline is not adhered to, you will lose the right to seek damages after that.
While proving negligence, you must show what the medical practitioner did in violating the standard of care. This means that you must show how the practitioner did not act reasonably as other practitioners would. You must also show that the alleged malpractice was responsible for the injuries you have suffered, and the injuries have caused you financial damages you are seeking.
What to do After an Accident
Irrespective of the type of accident you are involved in, as discussed above, losses from the accident are compensated. The comparative negligence law applies in all aspects apart from worker compensation.
When involved in an accident, you must never admit fault. Admitting liability means the responsibility of the accident lies squarely on you. Instead of getting compensated for the damages, you will be held liable for them. The best thing to do after an accident is to get a lawyer to advise you and pursue your claim. Talking to a Palm Valley Personal Injury Attorney can assist you in knowing what to do.
An experienced lawyer knows how to establish fault and all the tricks insurance adjusters use. Your lawyer also knows what you deserve and will not let the party responsible for the crash take advantage of you. For instance, in a car accident, you may blame the other party for the crash while the right party to blame is the vehicle or part manufacturer.
Your lawyer will also advise you on the requirements that will help you win your case and prepare adequately. The stress of following the claims while healing is also overwhelming making it the best option to allow your lawyer to do this for you.
Find a Personal Injury Lawyer Near Me
Accidents are not always intentional and can happen to anyone at any time. Some accidents are very substantial, needing extended treatment that can get costly or the victim and their family. The state of Florida permits accident victims to get compensated for the losses they incur due to the accident. Finding a lawyer that understands your need for compensation is essential to making sure you adequately recover your damages. In Palm Valley, you can talk to the Jacksonville Personal Injury Attorney about your case. Reach us at 904-800-7557 for a free consultation.