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What kind of cases do personal injury lawyers handle?
Unless you’ve needed one, chances are, hiring a personal injury attorney has never crossed your mind. This kind of lawyer most often handles cases involving an injury caused by someone else’s negligence.
Let’s say you slipped and fell at a busy fast-food restaurant because the drink machine spilled and it never got cleaned up, and then you sustained serious injuries, leaving you with a wall of medical bills. Most individuals and businesses have liability insurance in place to pay for these sorts of claims, but they will also do everything they can to avoid or minimize their liability. When you have major expenses after an injury, you should never trust the at-fault party or their insurer to “do the right thing.” Instead, you should trust a Florida personal injury attorney to represent you and exert the full extent of your legal rights. With an attorney at your side, you’ll have a better chance of recovering the full amount you need to heal comfortably.
Personal injury attorneys take on a diverse range of cases, all centered around accidental or wrongful injuries. Accidental injuries are the third leading cause of death by rank, according to the CDC. In addition to accidental injuries, some personal injury attorneys also specialize in medical malpractice, workers’ compensation, or even cases of assault.
An accident can happen anywhere, but the following are the most common types of cases seen by personal injury lawyers.
Slip & Fall Accidents
Property owners have a general duty of care to guests, visitors, and all other occupants. When a property owner — or, sometimes, their primary tenant — fails to manage their space responsibly, they violate this duty of care, sometimes resulting in an accident on their land. If their negligence can be proven, they can be held legally responsible for the cost of all (or sometimes a percentage) of the damages.
Slip and fall accidents can result in some very serious injuries, such as broken bones, fractures, dislocations, and even spinal/nerve damage. It is important to be immediately seen by a medical professional after a serious slip and fall accident and to keep a record of all injuries found. Your medical records and personal logs provide a crucial piece of evidence to present to an attorney if you wish to take legal action.
This type of accident involves many different scenarios, all resulting in an accidental death caused by someone else’s negligence. This can be from a car accident, medical malpractice, or even intentional attacks. The financial consequences of criminal acts can be resolved in a civil court, even if the accused was not convicted. In criminal cases, the defendant must be found “guilty beyond a reasonable doubt,” for a conviction, but in civil court cases, guilt must only be proved by a “preponderance of the evidence.” In simple terms, that means if there is a 50% chance or higher that the claim is true, then the jury is supposed to side with the plaintiff.
Spouses, children, parents, or any other dependents of the deceased may be entitled to compensation after a wrongful death. They can recover damages for the losses of the deceased prior to their death as well as their own losses, including loss of household income and the loss of their loved one’s companionship and domestic help. Ask your attorney about Florida’s Wrongful Death Act and how moving forward with a civil case may benefit you and your family.
Motor Vehicle Accidents
The most common type of personal injury case that attorneys see involves road collisions. In 2019, the Florida Highway Safety And Motor Vehicles (FHSMV) reported more than 400,000 accidents in Florida for that year alone. That averages out to more than 1000 accidents a day. These collisions resulted in over 3000 fatalities and 236,000 cases of serious injuries. 20,000 of those victims left their accident with incapacitating injuries.
It’s no secret that car insurance companies are not your friend when you’re asking them for money for your car accident damages. While it may seem logical that an insurer is there to pay out in the event of a loss, representatives have a financial motivation to pay the minimum amount for claims. After jumping through all the hoops the insurer presents, you still may never see the money you need to recover.
This predicament can include your own insurer’s willingness to pay for car accident damages, as well. Florida, one of the few 10 no-fault states, requires at least $10,000 of Personal Injury Protection (PIP) insurance. Many people who experience an unfortunate accident come to realize that this required insurance doesn’t protect them as expected and that in many cases they can’t receive any financial help from the party who is technically at fault.
Hiring an attorney to advocate for you at the negotiation table and in court could be your best option after being side-swiped by an insurance adjuster. The team at Hoskins, Turco, Lloyd & Lloyd is ready to help you. We provide representation for car accidents, truck accidents, motorcycle accidents, pedestrian accidents, and other such cases.
Boating along Florida’s scenic Treasure Coast is a joy, but it can also involve danger. Injuries can result from a negligent boating operator, including the person operating your own vessel. Your case may also involve defective products, such as a defective flotation vest or a vessel that malfunctions and leads to a major fire.
With 679 major accidents in 2020, Florida had the most boating accidents of any state in the country that year. Boating injuries can involve life-altering events, including near-drownings, so holding at-fault parties accountable for the costs can be extremely important for the medical and financial well-being of the victims. Hiring a Treasure Coast boating accident lawyer can provide you with beneficial knowledge and experience as you seek damages for your losses.
Brain injuries can occur in nearly any injury situation, including car accidents, slip and falls, assaults, defective products, and other forms of negligence.
A brain injury lawyer understands the unique considerations that can come with a case involving major head trauma. When a victim experiences a brain injury, they could develop lifelong limitations and disabilities. If they are not paralyzed, they may still be left with cognitive disabilities, an inability to return to their former job, and a diminished quality of life.
Hiring a brain injury attorney in Florida provides you with the resources needed to fully understand the long-term impacts of the injury, project all associated costs, and recover as much as possible in the wake of your accident.
Statute Of Limitations
It is important to understand that for many types of personal injury cases, you must bring your case forward within a certain amount of time. The length of time granted to compile a case before a court expires your right to litigation is known as the Statute of Limitations. Take medical malpractice cases, for example; all cases involving medical malpractice in Florida must be brought to court within 2 years of the incident. A case involving a car accident must be brought to a court within four years, but there are other external circumstances that factor in your ability to sue after a car crash that an attorney can help you assess.
Personal Injury Lawyers Work On A Contingency Basis
Lawyers typically offer a wide variety of fee agreements, but some are more palatable for clients than others.
A lot of personal injury attorneys work on a contingency basis. Moving forward with a contingency agreement means that the lawyer is working, without pay, until the case is settled or results in a favorable court verdict. This type of fee is also contingent on the outcome of your case, meaning that if you walk away with no victorious outcome, you will not see a bill. This usually helps clients to understand that their lawyer is working diligently and with their best effort to get the best results possible.
Find A Personal Injury Attorney In Florida
So now you have questions for a lawyer but can’t afford to pay just to figure out if you even have an eligible case for court. Thankfully, the team of attorneys at Hoskins, Turco, Lloyd & Lloyd value your time just as much as you do.
We are willing to offer a free case review when you call to schedule an appointment. And because our lawyers work on a contingency basis, you have no upfront obligations, and won’t pay anything until your case is settled in court.
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