What qualifies as a personal injury accident or case?

The seconds following an accident can be overwhelming, frightening, and confusing. You may not fully understand what has happened or what you have been through. If you are injured, you could go into a state of shock and require emergency medical attention. In addition to the physical and emotional trauma, most accidents come with a steep medical bill, lost income, and other expenses.

meeting with a personal injury accident attorney

If you have been involved in an accident, a Florida personal injury lawyer from Hoskins, Turco, Lloyd & Lloyd can explain your options for filing a personal injury claim. A successful claim has the potential to result in full compensation for all of your accident-related damages.

In order to understand what qualifies as a personal injury accident, let’s start by taking a look at some of the most common types of claims.

Common Types of Personal Injury Accidents

Numerous accident types qualify under personal injury. To file a personal injury case, you need to be able to prove the opposing party owed you a duty of care and breached that duty. That breach caused your injuries, which, in turn, resulted in financial losses.

The most common types of personal injury accidents include the following:

Auto Accidents

Auto accidents are most often the result of driver negligence. Distracted driving, drunk driving, and driver fatigue are the most common causes.

If you have been involved in a crash you believe someone else caused, you can pursue a claim. The types of vehicles involved will impact your claim.

  • Car Accidents. Car crashes are the most common type of auto accident. They occur between two standard-sized vehicles, including sedans, SUVs, and pickup trucks. The severity of a crash depends on the speed at which the cars were traveling prior to impact, the point of impact, and other factors.
  • Truck Accidents. Tractor-trailer accidents typically occur between a large commercial vehicle and a smaller passenger vehicle. These accidents have a strong chance of being fatal or resulting in major injuries, given the size difference between the vehicles involved.
  • Motorcycle Accidents. When a motorcyclist is struck by a car or truck, the risk of severe or fatal injury is high. Motorcyclists do not have the same protections offered by standard vehicles, like seatbelts and airbags.

Boating Accidents

With nearly one million boat owners in Florida, boating accidents are relatively common. Boater negligence and inexperience, as well as inclement weather, are common factors that contribute to accidents.

When a boat accident occurs, there are a number of parties involved in the investigation, potentially including local police, the Florida Fish and Wildlife Conservation Commission (FWC), or the Coast Guard. Injuries vary depending on the type of boat accident, as well as where the accident occurred and the time of day. If another boater caused your accident, you may have grounds to take legal action in pursuit of your damages.

Slip and Fall Accidents

Property owners and occupants are responsible for ensuring their residence or public property is safe for visitors. That means conducting regular inspections and performing maintenance as needed.

In the event hazards are present on the property and someone is injured, the owner or occupant may be held accountable through a personal injury claim. Common risks include broken stairs, spills, inadequate lighting, and ripped carpet.

Brain Injuries

Traumatic brain injuries result from serious and violent accidents. Car accidents and falls are the most common accident types that result in brain injuries. The severity of a TBI varies depending on multiple factors, including a person’s age, prior health status, the type of injury, and the medical intervention available. If you or someone you loved was involved in an accident that resulted in a traumatic brain injury, you could file a personal injury claim to seek compensation for related losses.

Wrongful Death

In the event you have lost a loved one in a personal injury accident, you have the right to file a wrongful death claim on their behalf. Doing so can not only hold the negligent party accountable for their actions, but it can also secure your family’s future–particularly if your loved one was the primary breadwinner. Wrongful death claims can be complex, so it is often in the family’s best interests to work with an experienced personal injury attorney.

Recoverable Damages in a Personal Injury Case

Once you have established you have a qualifying personal injury case, you can start to get an idea of whether filing is right for you. While there are numerous factors to consider, one primary factor is what you have lost and whether those damages are recoverable.

Economic Losses

Economic losses are those that are calculable according to a direct dollar value. Your attorney will investigate your case, collect medical bills and applicable receipts, and tally up what you’ve lost or spent in terms of hard currency to determine your financial losses. Examples include:

  • Medical bills
  • Lost wages
  • Property damage expenses
  • Cost of future medical care
  • Lost earning capacity

Non-Economic Losses

Non-economic damages are harder to calculate, as they are based on more-subjective losses. Your lawyer will look at how the accident has impacted your life, daily activities, and general well-being. The more severe the impact on your life, the higher your non-economic losses are likely to be.

Examples include:

  • Pain and suffering
  • Loss of consortium
  • Loss of enjoyment in life or ability to perform prior activities
  • Mental trauma

Punitive Damages

Punitive damages serve to punish the at-fault party for their actions and discourage others from taking similar actions in the future. While punitive damages are rare, they are awarded by juries in instances of gross negligence. For example, punitive damages may be awarded in the event someone is severely injured or killed by a drunk driver.

Work With a Florida Personal Injury Lawyer

No matter what type of accident you were injured in, Hoskins, Turco, Lloyd & Lloyd can help you understand your legal rights and potentially pursue a personal injury claim.

If you choose to move forward with a personal injury claim, possibly involving a lawsuit, we will guide you through the process while handling the more-routine conversations on your behalf. Instead of worrying about battling with insurance companies, you can focus on healing and moving forward with your life.

Call 866-460-1990 or contact us online today to set up a free, no-obligation consultation with a Florida personal injury lawyer.

Verdicts and Settlements


$1.2 Million

Auto Accident Settlement

$1.6 Million

Wrongful Death Settlement

$11.1 Million

Settlement for motorcycle accident

Locations


Ft. Pierce Office
302 South Second Street
Ft. Pierce, FL 34950
Phone: (772) 464-4600
Fax: (772) 465-4747
Port St. Lucie Office
1887 S.E. Port St. Lucie Blvd.
Port St. Lucie, FL 34952
Phone: (772) 344-7770
Fax: (772)344-3838
Okeechobee Office
1910 S Parrott Ave
Okeechobee, FL 34974
Phone: (863) 357-5800
Fax: (863) 763-2237
Vero Beach Office
2101 15th Avenue
Vero Beach, FL 32960
Phone: (772) 794-7774
Fax: (772) 794-7773
Sebastian Office
1561 US Highway 1 Sebastian, FL 32958
Phone: (772) 646-0662
Fax: (772) 646-0662