Being involved in an accident that occurred because of another party’s negligent or wrongful conduct means you may have the legal recourse of filing a personal injury claim. But in order to have a chance at receiving fair compensation for the harm you’ve suffered, you need a personal injury lawyer by your side to help you.
Personal injury lawyers represent a large variety of cases and claims involving the following matters:
Vehicular Accidents
Vehicular accidents are among the most common types of cases that personal injury lawyers represent. In 2022 alone, 5,930,496 motor vehicle accidents were reported to the police throughout the United States.
Each state has diverse laws regarding collisions. Some have fault-based systems that allow plaintiffs to file a lawsuit against the person who caused the accident. Others, like Florida, operate under a no-fault system, allowing you to file a claim against your own insurance. If your injuries meet a particular severity threshold, you can also sue the person at fault.
Most of the time, vehicular accidents fall under the purview of negligence laws, but not always. If a vehicle malfunctions and causes an accident, for example, strict liability can come into play, as discussed in detail below. No matter how it occurred, though, a personal injury lawyer will investigate your accident to help you obtain fair compensation.
Product Liability
You have a right to feel reasonably safe when you use a product you’ve purchased. And on the other end of that transaction, manufacturers owe consumers a duty of care to design, manufacture, and sell safe products. If they breach that responsibility and you suffer injuries as a result, you have the right to file a product liability claim.
Some of the most common products that can be defective include things like:
- Medications
- Children’s toys
- Power tools
- Vehicles
- Medical devices
Personal injury lawyers rely on strict liability laws to hold manufacturers responsible. These do not require proving negligence. Instead, it must only be shown that the product was defective and that you suffered losses as a result.
Nevertheless, proving strict liability and going against large manufacturers is more than a bit complex. Personal injury lawyers will need to obtain testimonies from professionals to confirm that the product malfunctioned and negotiate with insurers so that you receive fair compensation. In some instances, they will also proceed to represent you in court.
Premises Liability
Like manufacturers, Florida’s property owners and managers are responsible for keeping their premises safe for their guests. If property owners knew (or should have reasonably known) of a danger on their property and took no actions to resolve or warn people about it, they can be held liable for any injuries that you or any other visitor suffers.
The most common types of premises liability claims are slip and fall accidents, but dog bite, negligent security, and swimming pool accidents also apply to this category.
Regardless, most premises liability claims require demonstrating that the defendant was negligent. Personal injury lawyers will work to show that the other party owed you a duty of care that they subsequently breached, leading to you suffering losses.
Additionally, your lawyer will help prove that you were on the property legally and that your injuries wouldn’t have happened if the defendant hadn’t been negligent. Ultimately, they’ll fight for your right to fair compensation via settlements or jury awards.
Medical Malpractice
When you receive care and assistance from a healthcare provider, you expect them not to cause you any other harm. That’s not always what happens, however. If a healthcare provider was negligent and you suffered injuries by their hand, you can hold them liable.
However, personal injury lawyers who handle medical malpractice claims know how tough the process can be.
For one, proving that another reasonably competent provider wouldn’t have made the same errors that led to your injuries can be notoriously difficult. There are strict laws governing these claims, requiring an abundance of evidence that includes professional testimonies.
Your lawyer will also need to negotiate with insurance companies–huge teams with vast experience–so that you can receive fair treatment for your suffering.
Workers’ Compensation
Workers’ compensation claims are different from most others that personal injury lawyers represent. That’s because state and federal laws require employers to have a type of no-fault insurance called workers’ compensation insurance. Under it, any employee who suffers an injury at work can file to receive compensation for medical expenses, disability, and lost wages.
Because workers’ compensation, like the state of Florida itself, operates as a no-fault system, it’s not necessary to prove negligence in these cases. Personal injury lawyers can help you file a claim and can handle negotiations with insurance companies.
But in the event that a third person contributed to or caused the accident, you may have the right to file a case against them that is separate from your workers’ compensation claim. You will have to prove negligence, though, which requires having a personal injury lawyer to help you.
Assault
Although most personal injury claims involve negligent defendants, there are also instances in which one’s injuries can result from malicious conduct. If you’ve experienced battery, assault, or sexual assault, you can hold the defendant liable for what you’ve suffered.
Keep in mind that these claims are separate from criminal cases. One does not affect or negate the other. And unlike criminal cases, a personal injury claim doesn’t require that your lawyer prove the defendant is guilty beyond a reasonable doubt. You have to show that the person caused your injuries by presenting a preponderance of evidence.
Your personal injury lawyer will gather evidence to demonstrate that malicious conduct occurred and that you suffered injuries and other losses because of it. They will negotiate with insurance companies and advocate for you in court if necessary.
Getting Help From Experienced Personal Injury Lawyers
You may have a right to file a personal injury claim if you’ve suffered losses because of another person’s wrongful or negligent conduct. However, because of personal injury law’s complexities, you need to hire lawyers with years of experience. They will be able to thoroughly investigate the claim and gather evidence to prove that you deserve compensation.
You can claim economic and non-economic damages to cover medical expenses, lost wages, pain and suffering, and even loss of enjoyment of life. If negotiations don’t go as well as your lawyer hoped, you can take your case to court, where your lawyer will litigate on your behalf.
At Brannon & Brannon Car Accident & Personal Injury Lawyers, our Fort Walton Beach personal injury lawyers can help you file a claim. Contact or call us at (850) 863-5297 to schedule a free consultation.
