Top Six Common Personal Injury Claims in Florida

Every year in the U.S.A., millions of people seek emergency medical care for unintentional injuries caused by the negligence of other people. Such injuries can occur anywhere from roads and highways to sidewalks, grocery stores, shopping malls, and workspaces. People who sustain injuries as a result of the negligence of another person or entity may be eligible to file a personal injury to recover damages, including medical expenses, loss of income, and suffering.

What Is a Personal Injury Case?

A personal injury case occurs when one person is injured because of the misconduct or negligence of another person. However, in certain situations, the claim arises from recklessness, a more severe form of negligence, which can be seen in cases such as intoxicated driving. Personal injury cases can also occur from intentional misconduct, which can be exemplified by a "road rage" incident. A personal injury attorney can help you deduce which category your case falls into.

Six Most Common Personal Injury Claims in Florida?

The damages you may be able to recover can vary widely depending on what caused the injury, the severity of the injury, financial losses, and more. While personal injury can arise from a number of causes, this blog post will discuss the five most common reasons for personal injury claims.

Motor Vehicle Accidents

One of the most common types of personal injuries, motor vehicle accidents can be subdivided into auto, motorcycle, trucking, pedestrian, and Uber/Lyft accidents.

If you have sustained injuries in a motor vehicle accident due to the negligence of another party, you can file a personal injury case to seek compensation for your compensation. In order to get a satisfactory result, you will need medical documentation detailing the injuries sustained, insurance information, a police report detailing the events of the accident, and an excellent personal injury attorney.

Medical Malpractice

Medical malpractice is defined as professional negligence by a healthcare professional, leading to substandard treatment resulting in injuries. Medical malpractice cases are classified under personal injury.

To establish a medical malpractice claim, you must prove that the healthcare professional in question has broken a rule or taken incorrect, negligent, or inappropriate actions in treating you or your loved one. 

Wrongful Death

Any personal injury claim has the potential to develop into a wrongful death claim in the event of the victim's death. Under Florida Law, a wrongful death case must be filed by a wrongful death claim lawyer or a personal representative named in the estate plan of the deceased or appointed by the court.

The available damages depend on whether the victim is a child or an adult. The court may reimburse the estate if the estate paid certain expenses, such as funeral and burial expenses.

Product Liability

A product liability claim arises when an unreasonably dangerous consumer product is the reason for injury. These cases frequently result in distinctive personal injury claims. In order to have a legitimate claim, the plaintiff must prove that the product had a design defect, a manufacturing defect, or inadequate warnings about the potential dangers of the product. You can also file a case against other parties in the product's distribution chain as long as you can prove fault.

Product liability cases tend to be highly complicated, requiring considerable experience on the part of a personal injury attorney to yield a favorable outcome.

Premises Liability

The owner or operator of a public establishment or a private home owes a duty of care to their guests. They are responsible for ensuring that their premises are reasonably safe for guests, people performing legal duties, and, to some extent, even trespassers.

The owner or operator of the premises must repair or warn visitors of any dangerous condition they are aware of or could have discovered through a reasonable inspection of the property. A larger number of premises liability claims are filed against businesses over slip and fall accidents.   

Workplace Accidents

When an individual suffers injuries while working for their employer, they can file for compensation for their medical expenses and lost wages. Slip and falls, strains, cuts and lacerations, injuries caused by falling objects, exposure to toxic fumes, crashes and collisions are some of the most prevalent workplace injuries.

Medical benefits under Florida law for workplace accidents include doctor’s examination, hospital stays, medical testing, physical therapy, rehabilitation, medication, travel expenses necessary for medical treatment.

In case of fatal workplace accidents, the Division of Workers’ Compensation may provide funeral expenses, compensation to dependents, and educational benefits to the surviving spouse. An experienced personal injury attorney can help you calculate the exact amount you can receive as compensation.

Conclusion

Unintentional injuries are unfortunately widespread in the U.S.A., leading to thousands of personal injury claims every year. While the list of personal injury causes is inexhaustive, motor vehicle accidents, medical malpractice, wrongful death, product liability, premises liability and workplace accidents are among the most common reasons for personal injury claims.

If you have sustained injuries due to the negligence of another party, you can file for damages against the responsible party and hold them accountable. A personal injury attorney can be of great help in taking a stand against the injustice