Accidents caused by someone else’s carelessness or lack of oversight can leave victims to cope with painful, if not debilitating, injuries. Recovery can take months, years, and yet, the injured person may never fully recover.
Recuperating from an accident can also be costly—medical bills, lost income, not to mention the emotional tax an injury takes—meaningfully impact a person’s life. If this describes your experience, pick up the phone and call a Winter Haven personal injury lawyer. Legal counsel can empathize with the hurdles you face and help you seek compensation by filing a personal injury lawsuit or striving to handle the matter out of court.
There are a variety of accidents that can give rise to personal injury lawsuits. Some of the most common include automobile, truck, motorcycle, bicycle, and pedestrian accidents. In this kind of case, a plaintiff has the burden of proving that the other party was negligent and, therefore, responsible for the accident.
In essence, negligence alleges that another person failed to uphold their legal duty to another roadway user and caused them injury. If the plaintiff can prove that the other party caused the accident, they are entitled to recover damages.
While the other party need not be entirely at fault for a victim to recover compensation, Florida’s comparative negligence does dictate what percentage of compensation a victim could receive if he or she was partially responsible for the accident. Under the comparative negligence doctrine, the jury weighs the evidence presented and decides which parties were at fault and to what degree.
Whatever percentage of fault the plaintiff was more responsible for reduces their damages by the same percentage under Florida Statutes § 768.81. Comparative fault applies not only to road accidents but other types of Winter Haven personal injury lawsuits, too.
Winter Haven is home to well-regarded hospitals and clinics that service the area. Staff work hard to meet patient needs while upholding a standard of care, but sometimes, medical professionals or care facilities make mistakes.
A specific subset of negligence laws govern medical malpractice cases in Florida. To rise to an actionable level, an error must deviate from the accepted standard of care. It must also be the direct cause of a patient’s injury.
Medical malpractice cases require plaintiffs to meet additional pre-conditions before they can file suit. A Winter Haven personal injury attorney could advise a victim about whether they have a viable claim and what must be done to pursue it.
Premises Liability Claims
Property owners, particularly those who open their land or businesses to visitors, must maintain their properties to ensure invited guests do not sustain an injury. The quintessential example of a premises liability case is where a person slips, falls and gets hurt on some hazard on the landowner’s property. Aside from slips and falls, there are countless other ways a person could get injured on another’s property, including:
- Swimming pool accidents
- Faulty conveyances
- Falling objects
- Construction site accidents
- Recreational equipment accidents
Winter Haven personal injury legal counsel could assess a victim’s situation and advise them about whether the circumstances of their accident give rise to a viable premises liability claim.
Wrongful Death Claims
A loved one’s passing is tough to come to grips with, no matter what. When their death results from another person’s careless acts, whether on the road, intentional acts of violence, or some other personal injury, it can be even worse.
Surviving kin have the right under Florida law to file a wrongful death lawsuit to receive compensation for their losses. Though compensation cannot undo the loss, it could help alleviate the stress associated with it. Recoverable losses could include loss of companionship, care, consortium, household services, lost income and future earnings, and funeral and burial expenses.
A Winter Haven Personal Injury Attorney May be Able to Help
Consider speaking to an attorney if you or a loved one have suffered a personal injury. While you may be entitled to monetary reparations for the losses you have experienced, insurance companies and defendants can be difficult to deal with.
Insurers can be stingy and reluctant to pay out settlements, dedicated legal counsel can help ensure that they do not delay or reduce the compensation that should be coming to you. Call a Winter Haven personal injury lawyer today to discuss your prospects.