There are many types of cases that can involve personal injury. Basically, personal injury arises when one individual is injured because of the negligence of another individual. Personal injury cases may be separated into different categories based on the type of injury. When injured and facing medical bills and lost wages or the loss of a loved one, contacting personal injury lawyers in Boca Raton, Fort Lauderdale or West Palm Beach can be a positive first step in recovering damages to cover costs associated with your accident.
Motor Vehicle Accidents
Most personal injury cases involve motor vehicle accidents. Frequently, accidents occur when a driver fails in his or her duty to use caution on the road, is drinking and driving, or the vehicle itself malfunctions. Florida is a no-fault state, which means that an individual’s insurance company covers a certain amount in damages to cover personal property, injury and lost wages. However, a serious injury that is not covered by insurance or partially covered may result in high medical bills, an extended recovery time away from work, and in general, can be devastating to a family’s finances. In this instance, a personal injury lawsuit is used to recover those costs so the injured individual can concentrate on getting back on his or her feet.
Slips and Falls
Slips and falls come under the laws governing premises liability. Property owners, cities and towns are responsible for maintaining property in good condition and eliminating hazards that might cause an individual to suffer an injury. Outdoor slips and falls may result from poorly maintained parking areas, icy or slippery conditions, unremoved debris, poor lighting or poorly maintained surfaces. Slip and fall injuries can result from poor maintenance of stairwells such as inadequate handrails, poor lighting, loose carpeting, worn stairs or other factors. Indoor falls are common and may be caused by wet floors, spills, loose cables or lighting conditions.
The owner of a business is not automatically liable for an accidental slip and fall, and consulting an attorney is necessary to see if it is possible to recover medical costs and other expenses. Public sidewalks, parks, streets and curbs come under the venue of the state, county or city. Accidents that result from poor maintenance or hazards that occur on these types of properties have a shorter time to file and consulting personal injury lawyers right away is advisable.
Premises Liability on Personal Property
Premises liability falls into three categories: business, licensee, and trespassing. Individuals who fall under the category of invitees can be business clients, and so are those who come to a home for business purposes or are invited there and benefit only the owner. Licensees fall under a different category. A licensee benefits both the visitor and the owner. For example, if you invite a friend over for dinner, this person is probably categorized as a licensee. The third category is the trespasser. This is an individual who has not been invited.
Medical malpractice occurs when a physician or other health care worker fails in the duty of care expected, and this failure results in injury to the patient. Medical malpractice may include misdiagnosis, delayed diagnosis, improper testing or treatments or surgical and medical errors. In some instances, hospitals, clinics or nursing facilities may also be liable.
Failure to obtain consent from a patient, performing treatments without consent, and failing to inform a patient of procedures and the risks involved so that the patient can make a decision based on accurate information can also be medical malpractice. Because instances of medical malpractice may result in medical bills, delay needed treatments, prolong a hospital stay and recuperation period along with the potential for a poorer prognosis, hospital and healthcare personnel errors may have a serious impact on a patient’s life.
Florida is strict when it comes to the law governing dog bites. A dog owner whose dog bites another person is liable for the injury even if the owner had never seen any aggression in the dog before. If the bitten individual can be shown to have provoked the dog to bite, it can lower the owner’s liability. Signage on the property warning of a “bad dog” also removes liability by the property owner, except in the case of children under the age of six.
The Right Time to Contact Personal Injury Lawyers
It would be a wise decision to contact a personal injury attorney right after an accident injury so that you know your rights will be protected and that you will have the proper documentation to recover damages. The office of Kaiser Romanello has experience in the area of personal injury. During your free case evaluation, our personal injury lawyers can answer your questions, review your case and advise you on how to proceed.