Personal injury cases can arise from a variety of situations, ranging from car accidents to slip and falls. Knowing the most common types of personal injury cases can help you recognize when you might have a valid personal injury claim for damages. If you or someone you love has suffered injuries due to another’s negligence, choose an experienced personal injury attorney to prove liability and seek compensation.
Car Accident Claims
Under Florida law, car drivers have a duty to operate their vehicles with reasonable care and caution. When a driver breaches this duty by engaging in negligent behavior such as speeding, distracted driving, drowsy driving, tailgating, or driving under the influence of alcohol or drugs, they may be held liable for any resulting personal injuries suffered in the car accident.
“Florida Motor Vehicle No-Fault Law,” commonly referred to as the “No-Fault Insurance Law” (Sections 627.730-627.7405) requires all car drivers to carry personal injury protection (PIP) insurance coverage, which provides compensation for medical expenses and lost wages regardless of who was at fault in the accident. However, PIP benefits are limited and may not fully cover all damages incurred in motor vehicle accidents.
In an auto accidents personal injury case exceeding the limits of PIP coverage or involving horrific injuries, an injured party may pursue maximum compensation through a civil lawsuit against the at-fault driver. In Florida, the statute of limitations for filing a personal injury lawsuit stemming from car accidents is typically two years from the date of the accident (Statutes Section 95.11(3)(a)).
Truck Accident Claims
Truck accidents rank among the common personal injury claims in Florida, often resulting in severe injuries and losses. These accidents involve collisions between commercial trucks, such as tractor-trailers or semi-trucks, and other vehicles or pedestrians. The liable parties may include not only the negligent truck driver, but also the trucking company, cargo loader, and truck maintenance provider, among others.
Truck accidents can occur due to various factors, including
- Driver fatigue
- Distracted driving
- Dangerous driving
- Speeding
- Improper loading or securing of cargo
- Equipment failure
The massive size and weight of commercial trucks compared to passenger vehicles may contribute to the severity of injuries in truck accidents. Under Florida law, negligent behavior leading to truck accident personal injury lawsuits may include speeding, reckless driving, failure to maintain proper distance, or violating federal regulations governing commercial trucking operations.
The Federal Motor Carrier Safety Regulations (FMCSRs) govern aspects such as driver qualifications, hours of service, vehicle maintenance, and cargo securement. Consult with a truck accident attorney to claim maximum compensation.
Motorcycle Accident Claims
Motorcycle accidents involve collisions between motorcycles and other vehicles, pedestrians, or stationary objects. Injuries caused can be due to various factors, including driver negligence, failure to yield, distracted driving, road hazards, or adverse weather conditions. Motorcyclists are particularly vulnerable to injury due to the lack of protection offered by motorcycles compared to other vehicles.
In personal injury claims arising from motorcycle accidents, plaintiffs typically allege negligence on the part of the other driver, road authorities, or other parties involved. It is best to consult with a resourceful motorcycle accident attorney to level the playing field against powerful insurance companies and increase your chances of obtaining maximum compensation for your injuries and losses.
Slip and Fall Injury Claims
These accidents occur when individuals slip, trip, or fall on someone else’s property due to hazardous conditions such as wet floors, uneven surfaces, inadequate lighting, or debris obstructing walkways. While slip and fall accidents may seem minor, they can result in serious injuries, including fractures, head injuries, spinal cord injuries, and soft tissue damage.
In Florida, property owners have a legal duty to maintain safe premises and warn visitors of known hazards. When they fail to fulfill this duty, and someone is injured as a result, the property owner may be held liable for the victim’s injuries and damages through a premises liability claim.
Slip and fall accident attorneys have the knowledge and resources to investigate the circumstances of the accident, gather evidence, and build a strong case on behalf of their clients. They can negotiate with insurance companies on the victim’s behalf and, if necessary, litigate the case in court to pursue fair compensation for medical expenses, lost wages, and pain and suffering. Family members can also obtain compensation through wrongful death claims.
Medical Malpractice Claims
In the context of personal injury law, medical malpractice is considered a form of negligence, where the healthcare professional, such as a doctor, nurse, or hospital, breaches the duty of care owed to the patient. Medical malpractice claims usually undergo a pre-suit investigation process before proceeding to litigation.
This process involves obtaining an affidavit from a medical expert confirming that there are reasonable grounds to believe the healthcare provider’s actions deviated from the accepted standard of care, resulting in the patient’s injury or harm.
Be prepared to hire an experienced medical malpractice attorney to hold negligent medical professionals and hospitals liable for surgical errors, misdiagnosis, delayed diagnosis, treatment mistakes and prescription errors to improve your chances of obtaining maximum financial compensation.
Other types of common personal injury cases include dog bites, product liability claim, nursing home abuse, boating accidents, pedestrian accidents, bicycle accidents, and workplace injuries. Most personal injury claims are settled through negotiations, and only a few cases end up going to trial.
Choose an Assertive and Relentless Personal Injury Lawyer to Protect Your Rights
At Larry Moskowitz, PA, we understand the challenges you are facing after a serious injury due to another’s fault. Medical bills could be piling up, you may be unable to work, and the pain and suffering may seem never-ending. But you don’t have to face this alone. Our legal team is here to provide the aggressive and dedicated representation you need to move forward with confidence.
From the moment you reach out to us, we will start building a strong case, collect hard evidence, and pursue maximum damages on your behalf with the insurance company. We cannot erase the suffering you have endured, but we can help you recover the financial security you need to rebuild your life. Call us today at 866-312-0708 to schedule your free case evaluation.