A personal injury lawyer is a professional who provides legal services for victims in an injury claim. An injury claim arises when someone hurts you physically or psychologically due to carelessness. In such cases, the negligent person's insurance companies will pay you fair compensation for your situation. If settlement negotiations with the insurance company fail, you can seek financial compensation in a personal injury lawsuit.
There are different types of compensation you can get under Florida's personal injury laws. Depending on your case's specifics, you can receive economic and non-economic damages. That's because a personal injury claim aims at restoring you to the position you were in before the accident.
Unfortunately, many eligible injury victims can have their claims tossed aside by insurance companies for flimsy reasons. In most cases, they don't get a fair settlement because they don't have an experienced attorney on their side. This article comprehensively explains why an accident attorney is a vital part of your claims process.
Just like many situations can lead to an injury, there are several types of personal injury cases in Florida. While no two individual injury cases are the same, they will all fall under any of the following:
Motor vehicle accidents are one of the leading causes of personal injuries and deaths in America. From pedestrian accidents to motorcycle, car, and truck accidents, automobile accidents are usually the fault of a negligent driver. A negligent driver causes an accident by refusing to adhere to traffic rules and regulations.
That's usually because they were speeding, distracted, driving under the influence of alcohol or drugs, making improper turns, etc. Auto accident victims can sue the parties responsible for their injuries in an auto accident claim or lawsuit. Generally, they will get the same types of damages applicable to every other personal injury case.
Medical malpractice happens when a medical professional injures a patient by failing to adhere to their expected standard of care. It means that your healthcare experts could not give your condition the level of medical attention that it requires. Medical professionals here include doctors, nurses, physical and occupational therapists, and other health care providers. In some cases, you can hold the hospital vicariously liable for the negligent acts of their employees.
There are many ways in which your healthcare professionals can be negligent. It could be through misdiagnosis, medication error, surgical error, incorrect treatment, etc. In some cases, it can be a simple act of failing to get a patient's consent before carrying out a procedure.
Occupational accidents happen now and again in every industry. When they occur, the injured employees can get money damages under Florida's workers' compensation system. However, workers' compensation processes are pretty different from that of other personal injury cases.
For example, under workers' compensation, you don't need to prove anyone's negligence. All you need to show is that your injuries were work-related. Again, under workers' compensation, subject to some exceptions, you relinquish your rights to a personal injury lawsuit against your employer.
Premises liability cases range from slips and fall to dog bites, negligent security, escalator/excavator accidents, and fires. Those cases arise from situations where a property owner neglects to ensure safe conditions for their guests and visitors. For example, they could have refused to provide adequate security, maintain their buildings properly or place warning signs where necessary.
As such, the accident victims can file a compensation claim against such negligent property or business owners. Note, however, that only legal occupants of premises can claim damages under premises liability. As such, no relief is available for trespassers.
Product manufacturers have a responsibility to manufacture products that are safe for public use. If their products are dangerous, they must provide adequate warnings to prospective customers. If they fail to do those, they may be liable for damages in a product liability case.
Wrongful deaths arise when the personal injury victims in the categories above lose their lives. That is, a wrongful death claim is a personal injury case that leads to the death of a victim. For example, a catastrophic injury victim may not respond to medical treatments and die due to health complications. In such cases, the deceased's personal representatives will file a compensation claim on their behalf.
The following are the elements of a personal injury case:
Everyone must exercise reasonable care in ensuring that they don't endanger the lives of others in certain situations. To prove a personal injury, the responsible party must be one who owed you such duty of care.
The liable party must have also breached their duty of care through specific careless actions or inactions. Without such a violation, you can't have a valid personal injury claim.
There's no personal injury claim without personal injuries. As such, you must bring forward a bodily injury claim. You must also prove that the defendant's careless actions caused your injuries.
If you're lucky, you will suffer minor injuries in an accident. However, many times, the damages that warrant a personal injury claim are severe and life-altering. They include the following:
The spinal cord is made of numerous nerve cells that enable us to move and send or receive brain signals. We wouldn't be able to walk, stand, or bend without our spinal cords. We may also lose our sensation without them. Unfortunately, spinal cord injuries are common in many personal injury cases.
They are permanent injuries that can cause paralysis, unconsciousness, and severe pain in accident victims. This type of accident injury has no cure. Victims may have to focus on physical therapy and other rehabilitative options to maintain mobility.
A traumatic brain injury happens when a bolt or jolt to the head damages some brain cells and tissues. It's a common injury in falls and motor vehicle accidents. TBIs can be mild, moderate, or severe. The treatment plan for this type of injury usually includes medications, surgery, and physical therapy.
Depending on the severity of your accident, you may suffer a broken bone in any part of your body. Common symptoms of bone fractures include severe pain in the affected area, immorality, swelling, redness, and visible bones. Broken bones usually take a long while to heal fully.
Soft tissue injuries affect the tendons, muscles, and ligaments. Common examples of soft tissue injuries include strains, sprains, contusions, and bursitis. Depending on the severity of your soft tissue injury, you may expect some relief after a few days or weeks.
These refer to cases where an object pierces the skin and causes bleeding. Their significant symptoms include bleeding, swelling, pain, and discoloration. The priority in treating cuts and lacerations is to stop the bleeding and prevent infections.
You can get burned in a fire or electric shock accident. Burns usually cause scarring, pain, and blisters. Treatment for burns depends on the degree or severity of the accident.
An Orlando personal injury lawyer is crucial for a successful injury claim. That's because they perform the following essential roles:
Injury attorneys have excellent investigative and fact-finding skills. From assessing your medical record to interviewing witnesses and lots more, they'll provide enough proof to build a solid case.
You can leverage your lawyer's knowledge and experience to keep you on the right side of the law. They'll guarantee a seamless legal process and ensure that the insurance companies wouldn't cut corners.
A personal injury lawyer will level the playing field between you and your insurance adjuster. They'll ensure that negotiations result in a reasonable settlement.
You need a personal injury trial lawyer when your claim becomes a lawsuit. Your attorney will represent your best interests in the case. They'll advocate for your rights and ensure that you get fair compensation.
When you suffer an unexpected injury, it can change your life in many ways. Apart from the physical injuries and property damage, you have to treat psychological injuries too. In such cases, you will need all the help you can get to bounce back to your former position. A reputable law firm like the VG Law Group will provide you with all the legal support you need.
Regardless of your type of injury case, we have experienced attorneys in any personal injury field. We've successfully secured maximum compensation for numerous injured clients over the years. Our track record of success has also remained unbeatable in Orlando.
With us, you can trust that our legal team will leave no stone unturned in ensuring that you get justice. Schedule a free case review with us today, and let's evaluate your legal options together.