The Most Common Types Of Personal Injury Claims
If you have been injured through no fault of your own, you’ll face a lot of hardships. First, you’ll have to go through the process of healing. Then the bills will start piling up. Finally, you’ll have to deal with the bullies at the insurance companies who will try to pay you less than what your claim is worth. After an accident, you should consider obtaining the services of a qualified personal injury attorney. Here are some examples of personal injury cases and how an attorney can help.
Florida is a no fault state and requires all motorists to carry a minimum of $10,000 in personal liability insurance and $10,000 in property damage liability. If you are in a motor vehicle accident in Florida, you would claim from your own insurance regardless of who is at fault. This allows for payment of medical expenses and lost wages up to $10,000. In case the accident is fatal, there is a $5000 death benefit. If you have suffered permanent injuries, you may file a claim against the at fault driver’s bodily injury policy for damages not covered by their no-fault. These damages include pain and suffering, lost future wages and future medical expenses.
Premise liability includes situations such as dog bites, slips and falls, assaults, broken and uneven sidewalks, and pool accidents. If you have been injured on someone’s premises, it is important to obtain the services of a personal injury attorney, because in Florida, The duty (responsibility) of a landlord depends on the status of the person at the time of the injury. This may sound complicated, so here is an example. If you see a beware of dog sign on the fence and choose to enter the premises, chances are the homeowner may not be liable. If there is no warning sign, you enter and get bit, then the dog owner was negligent. When it comes to businesses, the owner may not be liable if they have leased the property to another party who is in charge of the premises.
We have all heard about the Apple iPhone 7 exploding or catching fire and injuring the owners. This is a prime example of product liability and is grounds for compensation. So let’s look at Florida Liability. A product liability lawsuit seeks compensation for personal injury or property damage that resulted from the use of a product. You will need a personal injury attorney to help you determine if the case is based on negligence, breach of warranty, strict liability, or misrepresentation and who is responsible. It is assumed that when a company designs and manufactures a product they are responsible for anyone exercising “reasonable care” who gets injured by their product. It is your responsibility in these cases to prove the product was defective due to faulty design, manufacturing errors or the company did not provide enough warnings of the potential risks. Your attorney can file against anyone who was involved in the chain of the defective product from the design company to the manufacturer, parts provider, or retail stores. This is not a legal issue you want to pursue on your own.
When a person is injured or killed while on the job, in the state of Florida they are limited in how they can sue an employer; unless a devastating and specific set of events occur. Under Florida law, you can only file under workman's compensation system and not in a civil lawsuit. The only time you can file a civil lawsuit if there was a third party involved.
If you live in Florida and have been injured at work it is recommended you immediately obtain the services of a qualified personal injury lawyer to help you. They will then file a Petition for Benefits. This document requests that all medical care and lost wages are paid for without having to go to trial.
Wrongful death lawsuit is a type of lawsuit that is filed against someone for causing someone’s death due to their carelessness. The state of Florida requires the personal representative of the deceased estate to file a wrongful death claim. If the deceased had no will or estate plan, the court will appoint the personal representative. The personal representative is required every survivor who has a part in the case. Family members included in wrongful death lawsuits include:
● Spouse or domestic partner
● Children and parents
● Siblings or blood relative who is dependent on the deceased for full support.
● In case of children born to unmarried couples, they can recover damages in a suit where the mother dies, but not the father unless he acknowledged formally that the child is his and was obligated to contribute support.
For over 15 years, the experienced personal injury attorneys at Goldman, Babboni, Fernandez, and Walsh have been helping Florida residents after an accident. We have all the specialized knowledge to help with any claim. Give us a call to learn more!