Common Florida Personal Injury Claims
If you are looking to file a personal injury claim in Florida, you may want to research the types of claims that are common in South Florida and how the process works. Understanding the personal injury claims process and the types of claims and compensation available is important for anyone who has been injured in a motor vehicle accident, motorcycle accident, slip and fall, or other type of accident.
Traffic Accidents: Whether the person rides a passenger vehicle or a motorcycle, the traffic accidents are generally the same. The injuries and types of damages owed are generally similar, but some differences do remain with these cases. A biker may sustain grievous bodily harm with complete property damage while a passenger vehicle driver may have extra padding to mitigate the possible physical damage sustained. Both may require medical expenses and pain and suffering damages. A lack of income from time in recovery, therapy and other treatment for current and future costs are generally crucial. The greater the damage, the more the victim will require in compensation.
Elder Abuse and Neglect: One personal injury in Florida prevalent among the elderly is abuse and neglect. This often occurs in nursing home facilities or assisted living units. However, an older person or someone in retirement may encounter various situations where the injury occurs from a company or a person. The elder may require additional care to proceed with a lawsuit and additional support with a legal professional. If the person does not have family to support him or her through the matter, he or she may have difficulty proceeding.
Medical Malpractice: A high number of civil suits occur due to medical malpractice. These incidents could involve incorrect procedures, unnecessary treatment, the leaving of equipment in the patient’s body and various other actions of medical staff. If the doctor or nurses are negligent in performing duties, the claim may progress to the professional becoming the defendant in the courtroom. Some malpractice suits involve misdiagnosis, improper medication dosage or missing an injury that proves fatal. It is critical to gather as much evidence in these matters to prove the doctor or hospital is responsible. The lawyer may need to interview the staff or hire a medical expert witness to assist with the case.
Products Liability: The defects that exist in a certain percentage of products can injure consumers. While the business may know about the possible defects, a recall may become necessary if the matter involves a design defect. The product that injures the person leads to a court case or a negotiated settlement with the business entity and the victim. However, additional factors may arise such as egregious harm to the customer, death, property damage and punitive damages to punish the defendant by the judge for intentional harm or gross negligence. These could lead to greater compensation claims and awards depending on the circumstances.
Premises Liability: These may involve hazards that exist on the property or within the building or negligence on the part of the owner or manager. To recover damages in a Florida, slip and fall lawsuit, you must establish the four elements of negligence. In other words, you must show: The property owner owed a duty of care to you, the property owner breached that duty, the breach of duty caused your slip and fall accident and injuries, and you suffered actual damages. The duty element will depend on your status as a visitor at the time of your slip and fall injury. In Florida premises liability cases, visitors fall into three categories: Invitees, Licensees, and Trespassers.
Speak with Our Miami accident Attorney Today!
We have dealt with nearly every type of personal injury case imaginable. Not all personal injury law firms in South Florida are the same. If you are wondering who the right attorney is to assist you with your injury, there are several factors to think about. Our attorneys are experienced, have a proven track record of success and they work extremely hard for our clients. At the Law Offices of Suarez & Montero Car Accident Attorneys, you are never just another file or claim to us—you are part of our family and your well-being is just as important to us as if you were our own family. Our car accident lawyers work with investigators, witnesses, and experts to obtain all the essential details of any accident to help put you in the best possible position to obtain compensation for your injury and damages. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
We help clients throughout South Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
