Personal injury accidents can happen in the blink of an eye and in the most unprecedented of times. These are events that can cause a great amount of long-term physical, mental, and financial trouble in your life. Especially in these ambiguous times, the aftermath of your accident will cause an immense amount of pressure to quickly resolve all of the consequential legal and medical issues.
These are consequences that will undoubtedly affect you even if the accident was not your fault. In these circumstances, you will need to be prepared to correctly tackle these issues. However, the truth is that you will not be able to do that by yourself. Quite the contrary, you will need the help of top personal injury lawyers in Florida.
Why may you ask? This is because experienced attorneys possess the necessary knowledge and capability that you do not hold to successfully handle the legal process of a personal injury accident.
Throughout this article, you will learn about the common types of personal injury accidents, their legal meanings, and exactly how a legal representative can help you. We urge you to join us because there is nothing more important than your peace of mind while you recover and attain your rightful compensation.
Legal Definition
Personal injury is also called tort law and it defines an instance in which a person’s body, mind, and emotions are deeply affected or compromised due to another party’s negligence or wrongful conduct. After the incident, the affected individual must proceed to file a claim based on their specific type of injury.
Legal Basis of Personal Injury Claims
The victim must understand that they have to prove the at-fault party’s negligence. It is a matter of gathering the necessary evidence in order to compile a credible, factual, and compelling argument. For example, the most important “duty” of a car driver is to uphold the laws of the state while behind the wheel, so that other drivers may be kept safe as well.
Similarly, a shopkeeper’s primordial obligation is to keep their public area safe and up to code so that all customers and surrounding civilians manage to stay out of harm’s way. One can view this mechanism as a social contract, one of which must be kept to ensure a stable and safe environment in a community or place of business. However, if this legal mechanism is breached, negligence will undoubtedly come into play.
A victim must also prove causation at the time of the incident. Causation is thus defined as the necessity to show that the faulty party’s breach of responsibility not only forced your accident, but also resulted in an injury. Furthermore, the sustained injury must be one that could have easily been avoided if it weren’t for a simple act of recklessness or negligence.
Lastly, a victim of a personal injury accident must prove an instance of harm. To be proven the individual must show a record of tangible damages. These may include medical bills, loss of wages/income, as well as physical or mental pain and suffering. Be advised, however, that the law dictates that monetary compensation is the only form of reparation for these damages.
Types of Injury Claims
Let’s go ahead and review several instances of personal injury claims. The following cases can range from:
- Product liability – These types of claims in Florida tend to be resolved differently than other injury claims. Product liability claims occur when an individual suffers an injury caused by a defective purchased product. Florida applies rigorous liability principles on product liability. In other words, it automatically establishes a duty on the manufacturer to ensure that their products uphold a general safety code for their consumers. Therefore, if the product ended up not being safe, the affected individual is entitled to pursue a lawsuit.
- Slip and falls – If you have suffered a slip & fall, chances are that you are currently suffering an immense amount of physical and emotional pain. However, the truth is that you will need to seek treatment for those injuries. However, if your accident was caused by someone else’s negligence in a breach of responsibility, you are entitled to pursue a lawsuit. Nonetheless, remember that harm, causation, and recklessness must be proven.
- Dog Bite Cases– Some states generally assume two approaches when dealing with dog bites, or more severe instances of attacks. The former is usually referred to as “ the one bite rule”. In this case, the owner of the dog may not be found culpable for the first time that their dog bites someone. The latter approach is called “strict liability” meaning that the dog owner is liable for an attack even if it was the first time that the animal behaved in that manner. The State of Florida abides by strict liability just as long as the victim was lawfully on the property.
- Medical malpractice – This is defined as an instance when a health care professional or institution, through a negligent act, causes an injury to a patient that further complicates their health. That mentioned instance negligence tends to the result of a possible error during diagnosis, treatment, or medical procedure.
Hire A Lawyer
The next step to take after analyzing your damages is proceeding to contact a competent attorney. The truth of the matter is that the only way that you will have a chance in attaining your owed compensation is by hiring a lawyer. By seeking legal representation, you will receive the following benefits:
- Your attorney will seek to assess your case in terms of how to best compile a strong argument for your situation.
- Your lawyer will calculate the severity of your injuries alongside the possible negligent circumstances involved.
- Compile a thorough investigation of the accident scene.
- Gather and question any possible witnesses.
- Request documentation of the party at fault.
- In cases of medical malpractice, your attorney will seek the advice or opinion of other health experts to further strengthen the validity of your case.
- Your attorney will help you review and fill out specific documents, photos, and videos pertaining to your specific case.
- Represent you in a trial if need be, and act as your voice when dealing with the insurance companies.
We now feel that you are definitely more educated on various topics relating to your personal injury accident. Furthermore, we are pleased to inform you that the best way to attain your rightful compensation is by contacting the Offices of Scott J. Senft. Scott and his team are a set of trained legal experts with countless years of experience in the field. They will handle your case with the utmost care, empathy, and effectiveness.
Scott knows firsthand the stress and ambiguity that any sort of personal injury accident can inflict on a person. For that reason, he and his team form part of the top personal injury attorneys in Florida that will fight to protect your rights and grant you the compensation you deserve!
