If you have been injured in an accident, you may be entitled to compensation through a personal injury claim. A personal injury claim is a way for injured people to get justice, usually in the form of money, for the injuries a negligent or carelss person or business caused them to suffer. In this article, we will talk more about what a personal injury claim is, what types of accidents can result in personal injury claims, and what you can expect when pursuing a personal injury claim.
Personal Injury Claim Definition
A personal injury claim is a legal means of holding a negligent, careless, or reckless party responsible for causing an injury to another person. In a personal injury claim, the injured party, or plaintiff, seeks to prove that the other party, or defendant, was negligent or at fault for the accident that caused the injury. If the plaintiff is successful in bringing the personal injury claim, they may be awarded money to compensate for their losses, such as medical bills, missed work, pain and suffering, and other related costs.
To prove the necessary elements of a personal injury claim, the plaintiff will typically need to show that the other party had a duty of care to act responsibly and that they breached that duty, resulting in injury to the plaintiff. Additionally, as a plaintiff, you will need to show that the breach of duty caused your injury and that you suffered damages as a result.
Types of Accidents That Result in Personal Injury Claims
There are many different types of accidents that can result in personal injury claims, including:
Car Accidents
Car accidents are one of the most common types of accidents that result in personal injury claims. In Orlando, Florida, car accidents are incredibly common. If you've driving around Central Florida, you know how crazy the drivers can be. If you are involved in a car accident and suffer injuries due to another driver's negligence, you may be entitled to compensation through your personal injury claim.
Trucking Accidents
Trucking accidents occur when a commercial truck, like a semi-truck, 18-wheeler, tractor trailer, Amazon delivery truck, dump truck, or FedEx truck collides with another vehicle or object, leading to injuries or even death. These accidents often involve very serious injuries and can result from a variety of factors, including driver fatigue, improper maintenance of the vehicle, and violations of federal trucking regulations. If the accident was caused by someone else's negligence, the injured party or the family members of someone killed in the accident may be able to file a personal injury claim or wrongful death claim.
Slip and Fall Accidents
Slip and fall accidents can occur when a property owner fails to maintain safe conditions on their property, leading to an injury. These types of accidents typically occur in grocery stores, big box stores, restaurants, bars, and amusement parks. If you slip and fall on someone else's property due to their negligence, you may be able to file a personal injury claim. Specifically, you may have a claim under the theory of premises liability.
Medical Malpractice
Medical malpractice occurs when a healthcare provider, like a doctor, nurse, or surgeon, fails to provide an appropriate standard of care, resulting in an injury or death to the patient. If you suffer injuries due to medical malpractice, you may be entitled to compensation through a personal injury claim.
Defective Products
Defective products can cause serious injuries or death to consumers. Some of the more famous cases of defective products involved the 1971-1976 Ford Pinto, which would burst into flames as a result of a relatively minor rear-end accident. If a defective product injures you, you may be able to file a personal injury claim against the manufacturer or seller under the legal theory of products liability.
Bicycle Accidents
Bicycle accidents can occur when a motor vehicle collides with a person on a bike or e-bike. E-bikes are becoming increasingly common in Orlando and throughout the country. Because these bikes are faster and can travel long distances, more folks will be driving them in city areas, and there will inevitably be more bike accidents in the years to come. If the driver of the motor vehicle is found to be at fault for a bicycle accident, the cyclist may be able to file a personal injury claim and seek damages.
Pedestrian Accidents
Pedestrian accidents most often occur when a pedestrian is hit by a motor vehicle. This happens all the time in Orlando and throughout Florida. In fact, Florida has some of the highest rates of pedestrian accidents in the country. If a person gets hit by a careless or negligent driver, the pedestrian may have a valid personal injury claim against the driver.
Boating Accidents
Boating accidents can occur when a boat collides with another boat, swimmer, or object, causing injury to passengers or others involved. Boating accidents are extremely common in Florida, both in fresh waters and on the ocean. Boating accidents include things like jet ski rental accidents, which are often very intense and involve parties from out of town. If a boating accident or jet ski accident is caused by a negligent driver or a negligent rental company, the injured party may have a valid personal injury claim. Note that sometimes these accidents involve maritime law, which can make the case quite complex.
Aviation Accidents
Aviation accidents can occur in various forms, including commercial airplane crashes, helicopter crashes, and private plane accidents. These accidents often happen when a person is learning to fly a plane or otherwise lacks experience. If an airplane accident is caused by a negligent company or person, the injured party or the family members of someone killed in the airplane accident may have a viable ersonal injury or wrongful death case.
Construction Accidents
Construction accidents can occur when a worker is injured on a construction site due to the negligence of the property owner, contractor, or another party. These accidents often happen as a result of the failure to follow safety rules, namely OSHA. If the worker's injury is caused by a negligent person, subcontractor, or contractor, the worker may be able to file a personal injury claim.
Nursing Home Neglect
Nursing home neglect can result in some of the saddest cases you will see as a personal injury lawyer. These incidents occur when a resident is mistreated or not properly cared for, which leads to horrific injuries, infections, or even death. If the nursing home staff's negligence caused the injury, the resident or their family members may be able to file a personal injury claim against the nursing home and/or its agents.
Assault and Battery
Assault and battery usually occurs when a person is physically attacked by another person. Unlike other cases that are based in negligence, these cases involve intentional acts. If a person intentional injures another person, the victim may be able to file a personal injury claim and seek money damages. In addition to the civil claim for money, the injured victim may also choose to press criminal charges against the attacker.
Dog Bites
If you are bitten by a dog due to the owner's negligence, you may be able to file a personal injury claim against the careless owner of the dog to recover compensation for your injuries. This type of case usually boils down to the dog. In other words, was the dog known for being dangerous, and was it capable of causing serious damage?
Scooter Accidents
Scooter accidents can occur when a person riding a scooter is involved in a collision with a motor vehicle, or when a rider is injured due to poorly maintained roads or defective equipment. E-scooter companies have exploded across Orlando and elsewhere over recent years. Thus, there are hundreds of people riding electric scooters all over downtown areas. This explosion of scooters has led to a serious increase in scooter accidents.
Golf Cart Accidents
Golf cart accidents can occur when a person is involved in a collision with a golf cart, or when a rider is injured due to poorly maintained golf carts, a defectively designed golf cart, or some other person's negligence or carelessness. More and more communities are becoming golf cart friendly. In some communities, like The Villages, golf carts are quickly becoming a primary mode of transportation for some families. As a result, golf cart accidents are leading to more personal injury claims than ever before.
Negligent Security
Negligent security can occur when a property owner fails to provide adequate security, leading to injuries or even death. Negligent security can occur in various settings, including shopping centers, hotels, motels, gas stations, convenience stores, and apartment complexes. These cases usually involve a failure to put up security cameras, keep a gate in working order, or hire security when the circumstances called for more security measures. The lack of action on the part of the landowner to deter crime then leads to someone getting hurt or killed. This is the typical negligent security case.
Premises Liability
Premises liability can occur when a property owner fails to maintain a safe environment, leading to injuries or even death. Premises liability includes things like trip and falls, slip and falls, negligent security, pool accidents, amusement park accidents, and other types of accidents that result from hazardous conditions on the property that the landowner should have fixed or warned people about.
Train Accidents
Train accidents can occur in various forms, including derailments, collisions, and accidents at railroad crossings. The most common type of train accident that leads to a personal injury claim is a collision with another vehicle that is crossing the tracks. This often happens in small towns where the warning systems are not as advanced or not kept in working order. As a result, someone's car gets crushed by the train at a track crossing.
School Bus Accidents
School bus accidents can occur when a bus is involved in a collision with another vehicle, or when a student is injured due to poorly maintained equipment bus or a defectively designed bus. School bus accidents can be tragic and may invovle multiple injured plaintiffs.
These are just a few examples of the types of accidents that can cause a person or family to bring a personal injury claim. If you have been injured in any kind of accident involving another person's negligence or carelessness, it is important to speak with a skilled personal injury lawyer to discuss your legal options. We've successfully handled a wide range of personal injury cases, and we're here to help you if you need us.
What to Expect When Pursuing a Personal Injury Claim
If you are considering pursuing a personal injury claim against a negligent person or business, there are several steps you can expect to go through. These steps may include the following we've outlined below.
Consultation with a Personal Injury Lawyer
The first step in pursuing a personal injury claim is to consult with a lawyer. A lawyer who works personal injury cases can review your case and advise you on your legal options. During your consultation, you will discuss the facts and circumstances of your accident and your injuries, and you may discuss the evidence you have to support your claim.
Investigation
After the initial consultation, your lawyer will likely want to jump into action and investigate the circumstances of your accident to gather evidence in support of your injury claim. This may include interviewing any witnesses to the incident, gathering police reports and medical records, and consulting with experts witnesses in the relevant field.
Filing an Injury Claim
Once your lawyer has investigated your case, they will reach out to the insurance company of the negligent actor to discuss potential settlment options. Alternatively, the lawyer may determine that the best route is to simply file a lawsuit.
Negotiation
After the defendant or insurance company responds to the claim, the parties may attempt to negotiate a settlement to avoid going foward with litigation.. In some cases, the parties may be able to reach a settlement agreement that resolves the matter without the need for a trial or further litigating. This is usually the best case scenario for the plaintiff because litigation and trial can be extremely expensive and unpredictable. During the negotiation process, your lawyer will work to get you the most money possible without having to drag you and your loved ones through litigation.
Litigation
If a settlement cannot be reached and if the insurance company simply refuses to be reasonable, your case may proceed to litigation. Litigation typically involves going through discovery and arguing motions. If the case survives summary judgment and proceeds to trial, your lawyer will present evidence, such as medical records and expert witness testimony, to show that the other party was negligent and caused your injuries. Your attorney will also point out and quantify your damages to justify an award of damages.
Verdict and Appeal
After the trial, a verdict will be reached, and damages may be awarded to the plaintiff. If the verdict is in the plaintiff's favor, the defendant may appeal the decision. This happens all the time. If the defense appeals the decision, you will need a lawyer to represent you in the appellate process and work to uphold the original verdict.
How Much Compensation Can You Receive for Your Personal Injury Claim?
The amount of compensation that you can get in a personal injury claim will depend upon several factors. The more important factors will include things like the severity of your injuries, the impact of the injuries on your life, and how much insurance coverage is available to pay for your damages. In general, you may be able to get compensation for the following:
- Medical Expenses: Medical expenses related to the injury, including ER bills, hospital bills, surgery, medication, and therapy.
- Lost Wages: Compensation for work you had to miss and will needto miss in the future due to your injuries, often called past and future lost wages.
- Pain and Suffering: Compensation for both the physical and emotional pain and suffering resulting from the injury.
- Property Damage: Compensation for any damage to property that resulted from the accident.
- Punitive Damages: In some cases, punitive damages may be awarded if the defendant's conduct was particularly egregious, which is sometimes described as wanton or grossly negligent behavior.
Brief Summary of This Article
A personal injury claim is a way for an injured person to hold a negligent party responsible for causing an injury. It's a way for the victim to get money for his or her damages with the purpose of making the victim whole again. There are many types of accidents that can result in personal injury claims, including car accidents, slip and fall accidents, medical malpractice, defective products, scooter accidents, bike accidents, golf cart accidents, negligent security, premises liability, and dog bites.
A good first step to pursuing a personal injury claim is to consult with a personal injury lawyer, and then begin investigating the circumstances of the accident. Thereafter, the process may involve filing a claim, negotiating a settlement, and, if necessary, litigating the case. If you have been injured in an accident as a result of a negligent person or company, a personal injury claim may be the best way for you to get justice for your losses. To ensure that you receive just compensation, you should consider seeking the help of a personal injury lawyer who has a good reputation for being there for clients and getting solid results.
