When you suffer from unexpected injuries, they are likely to burden you emotionally and financially in addition to the physical recovery stress. In such a situation, it’s vital to have a solid understanding of whether your case qualifies for a personal injury claim in Florida. This is where a personal injury lawyer can help.
They can assess your case, look for evidence and witnesses, and determine how to proceed to ensure you’re fairly compensated for damages.
To simplify things, we have listed the claims qualifying for personal injury in the Sunshine State. These include but are not limited to:
Medical Malpractice
You may have a personal injury claim in Florida if you suffer from severe or life-threatening injuries caused by the medical negligence of healthcare professionals. In such a situation, you can pursue compensation and justice for the injuries and harm you suffered. Research shows that medical malpractice is among the top three causes of death in the U.S., including the state of Florida.
You can hold any licensed medical practitioner responsible for their negligence in Florida. This includes doctors, surgeons, assistants, hospital staff, hospitals, nurses, anesthesiologists, midwives, registered nurses, ambulatory surgical centers, osteopathic doctors, nursing home facilities, etc.
Car Accident
Car accidents are quite common in the Sunshine State. Some of the common reasons for car accidents in Florida are driving under the influence of alcohol or drugs, speeding, racing, drowsy driving, texting while driving, and unsafe lane changes. They may also occur because of failure to yield at the intersection and violation of traffic laws. The negligent behavior of the drivers can cause severe injuries to the victims. Injuries after a crash that may give rise to a personal injury claim in Florida are broken bones, brain injuries, spine and neck injuries, internal injuries, and amputation.
Since every accident claim involves unique circumstances and injuries, the amount of damages you may recover in a jury verdict or a settlement is variable- case to case. Therefore, don’t automatically discount your car accident injuries and cases. Your losses and suffering may be more severe than they may initially seem. Hence, hiring an experienced personal injury lawyer in Florida is best.
Your lawyer can investigate the case. They will collect evidence and obtain relevant copies of medical records needed to support your claim and get fair compensation.
Slip and Fall
National Floor & Safety Institute statistics show that over one million individuals annually go to the E.R. for severe injuries sustained in accidents caused by slips and falls. Likewise, the CDC reports that, on average, accidents related to slips and falls may cost the victim nearly 30,000 to 40,000 US dollars. Furthermore, there is a five percent chance of breaking a bone after a slip-and-fall accident. Unfortunately, 20 to 30 percent of incidents result in traumatic injuries.
- Falls result in nearly 95 percent of the hip bone fractures.
- 1/3 of the adults aged 65 and above fall annually
- A slip & fall incident will likely result in an average of eleven days of lost workdays.
A slip-and-fall incident can occur when it is least expected. They are often minor incidents, but sometimes they can be serious. These accidents can cause severe injuries. Plus, they can also lead to permanent disabilities and even deaths.
After such an incident, the victims and their families may not be aware of the steps for coping with the financial burden of the treatment. This is when it may help to seek legal representation from a seasoned personal injury lawyer in Florida.
In Florida, some causes of slip and fall accidents include wet & slippery floors, weather, poor lighting, defective handrails, and tripping hazards. Accidents involving slip & fall can occur from various circumstances—which otherwise may be preventable had the property owner been proactive and not negligent of their duty. Property owners & operators are responsible for maintaining their premises reasonably and safely. They are liable for accidents when they fail to fulfill their duty of care. Discuss your case with our personal injury lawyer today.
Birth Injury
Childbirth is one of the happiest moments for a couple. However, sometimes, this moment becomes heart-wrenching for mothers and newborns when complications occur. They are harmed due to preventable errors made by the physicians and nurses of the delivery team.
The lives of the mother and newborn become at risk during the childbirth process when the staff fails to perform their duties as per the medical care standards. Birth injuries because of medical negligence can lead to far-reaching effects. They can either cause temporary or permanent damage to the infant and lead to significant mental, emotional, and financial strain.
Thus, if your newborn was injured during or shortly after their birth due to the delivery team’s negligence, contact us. You have the right to file a personal injury claim in Florida. Our Florida personal injury lawyer can investigate your case and help you file a claim, securing a fair settlement for your infant’s injury. Although no compensation can bring back the moment, it can help ensure your child receives the best treatment and recovers faster.
Those parents who are unaware of their rights and don’t seek compensation struggle with the costs associated with physical therapy, medical treatment, special schooling, and other care, all needed for children injured during birth. As per the Centers for Disease Control/CDC, hospitalization for birth injuries alone costs the U.S. over $2.6 billion each year.
Estimates indicate that:
- Nearly 28,000 newborns suffer from birth injuries annually in the U.S. —that is, one baby every twenty minutes.
- 1.7 newborn males and nearly 1.5 female children are injured for every 1000 births.
Boating Accident
Though boat trips are safe in Florida, accidents may occur. These can lead to serious injuries and sometimes even deaths. Such an accident can result in high medical costs, lost income due to missed days at work, mental anguish, pain, and suffering. Statistics by the U.S. Coast Guard show that boating accidents in Florida increased from 2019 to 2020. Nearly 679 boat accidents occurred in 2019, while nearly 804 occurred in 2020. Furthermore, there were 62 deaths in 2019 in the Sunshine State because of maritime injuries and approximately 72 fatalities in 2020. The common sea vessels in the boating accidents were yachts, cruise ships, pontoons, cabin cruisers, inflatable boats, and watercraft.
Usually, boating accidents occur because of environmental conditions, inexperienced boat operators, improper lookout, speeding, mechanical failure, hazardous weather conditions, and violation of the navigation rules.
In Florida, it is the responsibility of the owner and the boat operator to ensure the safety of the passengers. Therefore, they must be operated responsibly. Moreover, they are mandated by safety laws to provide safety gear, such as safety jackets, to the passengers at sea. Plus, the boats should have the necessary gear before heading to sea, like throwable rings, navigational lights, and fire extinguishers. However, the boat operator and owner shall be held liable if an accident occurs on the boat and there is no safety equipment to avoid injuries or deaths.
Bicycle Accident
According to the Traffic Safety Facts for Bicyclists report released by the NHTSA (National Highway Traffic Safety Administration) in 2017, Florida had the largest number of pedal cyclist deaths in the country. This is devastating.
Bicyclists face serious risks each time they go on the road. Although road conditions and weather are factors in roadside accidents, most crashes occur because of reckless and negligent drivers. This is where a Florida personal injury lawyer can help.
It is also essential to work with seasoned bicycle injury attorneys because victims of bicycle accidents have the burden of proving their claim. This is extremely challenging, especially when you have sustained severe injuries or when you are dealing with the grief of a loved one’s wrongful death. However, when you have an expert to help, things become simple.
A personal injury lawyer can help you get fairly compensated and ensure the entire process is stress-free.
Nursing Home Abuse
Unfortunately, these cases are equally common in and across Florida. Nursing home abuse occurs when the carer, nursing staff members, or fellow residents intentionally or as an act of negligence harm a senior and vulnerable adult. Abuse in a nursing home can be of different types like:
- Physical abuse
- Financial exploitation
- Verbal abuse
- Failure to provide services older people need ( like assistance with walking, drinking, eating, going to the toilet, or maintaining hygiene).
Truck Accident
Due to the huge size & heavy weight of the semis and large trucks, accidents involving passenger vehicles often cause devastating injuries and sometimes even deaths.
Regardless of where the trucking accident happened in Florida, if it was because of the negligent party, you have a legal right to file a claim and get compensated. However, determining the liable party in a truck accident is often the hardest.
Indeed, determining liability in a truck accident is difficult because multiple parties are involved, like the truck driver, the trucking company, the truck manufacturer, the cargo loader, the maintenance company, etc. According to the statistics published by the National Safety Council, in 2020, large trucks resulted in 107,000 collisions, which led to 4,842 fatal accidents in which approximately 4,965 people lost their lives. This marked a significant increase in fatalities compared to 3,838 deaths caused by truck accidents in 2015.
Among the most common Florida truck accidents are rollover accidents, underride, and jackknifes, where the coupling of a trailer and a tractor fails. The trailer swings out in a perpendicular direction like a folding knife colliding with vehicles in the adjacent lane. Hence, this causes widespread damage and severe injuries to multiple people nearby.
Defective Products
Injuries resulting from defective products can have severe consequences for consumers. So, whether it’s a malfunctioning vehicle part that causes a car accident or a hazardous toy that injures a child, individuals harmed by such products have legal recourse.
Manufacturers, distributors, and retailers all play a role in getting products to market and ensuring their safety. Therefore, any party involved in the product’s distribution chain may be held liable when a product defect leads to injury.
Product liability claims typically hinge on proving that the item bought was defective and that the defect caused the injury. Defects may arise during the design, manufacturing, or marketing phases. Design defects occur when a flaw is inherent in the product’s design. In contrast, manufacturing defects occur during production, resulting in a product that deviates from the intended design. Marketing defects involve inadequate warnings or instructions that need to inform consumers of the dangers linked with the product’s use.