In general, a personal injury case involves a dispute where you or a loved one suffered some type of injury to their person due to the actions, inactions, or negligence of someone else.
Examples of Florida Personal Injury Cases
There are many types of personal injury claims for damages in Orlando, and across Florida. Some of the most common types of personal injury cases include:
- Car Accidents. Drivers on Florida roads have a duty to exercise reasonable care when they are behind the wheel of any type of motor vehicle. If a driver fails to exercise reasonable care and you or a loved one are injured, you may have a claim for personal injury.
- Commercial Vehicle Accidents. Semi-truck or other commercial vehicle accidents can cause serious injuries to you or a loved one. Commercial vehicle accidents in Florida, have their own set of complex legal issues because there may be more than one party that can be held liable for your or your loved one’s injuries.
- Motorcycle Accidents. Motorcyclists are injured more often than any other type of drivers, and you are more likely to be killed in the event of a motorcycle accident.
- Bicycle Accidents. Because Florida motorists don’t always give the proper right of way to a bicyclist, serious injuries may occur if you or a loved one is involved in an accident while you’re riding your bicycle.
- Nursing Home Abuse. If a loved one getting a proper standard of care owed to them or are being physically and/or mentally abused, neglected, or is a victim of health care fraud by someone employed by the nursing home and/or assisted living facility, there may be a personal injury claim.
- Dog Bites. Florida adheres to strict liability laws when it comes to dog bites. You or your loved one don’t have to prove negligence to receive monetary compensation for your injuries. One of the exceptions is if you or your loved one was bitten by a police dog.
- Medical Malpractice. There are instances where Florida medical professionals make mistakes or breach their duty to you or a loved one. If that happens, and the result is injury or even death, you may have a Florida claim for personal injury for medical malpractice.
- Wrongful Death. Florida’s wrongful death statute says that a lawsuit can be brought by the deceased’s spouse and/or children when a family member has died due to the deliberate, reckless, or negligent action of another.
Statute of Limitations in Florida
Florida sets forth a time limit that dictates when you or a loved one can file a claim for damages if you or a loved one has been injured in some manner and is referred to as the Statute of Limitations. In Florida, you have three years from the date of your injury to file a personal injury claim on behalf of yourself or a loved one.
The three-year Statute of Limitations begins on the date you or your loved one was injured. If you wait and don’t file your claim until after the three-year limit has expired, the judge will dismiss your claim and you may not be able to receive any monetary compensation for you or your loved one’s injuries.
Types of Damages Available in Orlando Personal Injury Claims.
There are generally two types of damages available in Florida for personal injury claims: tangible and intangible. The most common types of damages awarded include:
- Lost Wages. In Orlando, Florida, it’s possible you or a loved one who’s been injured to have to take weeks or even months off work. You should be compensated for lost wages by the person who caused your injuries.
- Medical Bills. In Florida your medical bills must be paid by the person responsible for your injuries. However, this may become complicated because your Orlando, Florida personal injury attorney may also have to calculate future medical expenses if you or your loved one requires future medical treatment for your injuries.
- Pain and Suffering. Pain and suffering is considered to be an intangible damage in Florida and it involves past and future pain and suffering you or your loved one may have to endure due to your injuries.
Fault Issues in a Florida Personal Injury Claim.
In Florida uses what’s referred to as “comparative negligence.” This means that you or your loved one will be able to recover monetary damages for your injuries even if you may be partially responsible for the accident.
However, if you or your loved one was found to be 51% responsible for the injuries or more, you won’t be able to receive any monetary compensation for you’re the injuries you incurred in the accident.
How Much is Your Orlando, Florida Personal Injury Claim Worth?
There are many things that can impact the value of you or your loved one’s personal injury claim, and there isn’t a simple formula that you can use in placing a value on your individual personal injury claim.
Your Florida personal injury attorney will use their experience, skill and knowledge of the Florida legal system to come to an estimate of damages based on specific issues in your individual personal injury case.
Damages such as your lost wages, medical bills, and other tangible damages are easy to calculate and are rarely disputed by the other side.
However, intangible damages such as pain and suffering and emotional trauma aren’t so easy to calculate. The facts of your case will be presented to a judge and/or jury by your Orlando personal injury attorney who will come up with the amount of monetary damages they believe best compensates you for your intangible injuries.
Why You Need an Orlando, Florida Personal Injury Attorney
It works to your advantage to hire a knowledgeable Florida personal injury lawyer if you or a loved one has been injured. Your skilled and knowledgeable Orlando, Florida attorney can evaluate your claim, investigate your case, call on expert witnesses, if necessary, and be a strong advocate for you to the insurance company and if your case goes to trial.
Personal injury law can be confusing and complex. In addition, there are specific rules, procedures, and dates that must be adhered to by law and with the Florida courts.
Having someone to relieve part of the burden and stress of your personal injury claim can allow you to focus on healing, knowing that your Orlando personal injury attorney is fighting hard to get you the monetary compensation you deserve.