Experiencing personal injury affects you not only physically but also emotionally and financially. If your injury is due to someone else’s negligence, you can file a personal injury claim and get compensation for your troubles. With this in mind, it is crucial to clearly understand personal injury, the damages you are entitled to, and the expected compensation. However, you must act fast to protect your rights and get the justice you deserve.
In Florida, for instance, the statute of limitations varies depending on the type of personal injury. For example, while you have four years to file a personal injury claim after a car accident or product liability, you only have two years after a wrongful death or medical malpractice. Therefore, you should consult top personal injury lawyers for guidance to ensure compliance.
This guide provides information about different types of personal injury claims, damages, and the compensation you may be eligible for.
Types of Personal Injury Claims
Personal injury can come from various avenues, ranging from car accidents to harm caused by faulty products. Below are common types of personal injury claims you can pursue.
1. Motor Vehicle Accidents
Motor vehicle accidents comprise the most common type of personal injury claims. It includes car accidents, bus accidents, trucking accidents, Uber or Lyft accidents, and motorcycle accidents. Pedestrians who get hit on the road can also file a personal injury claim. It doesn’t matter whether you are a driver, passenger, or pedestrian; you are entitled to compensation for your damages and injuries.
2. Medical Malpractice
Medical malpractice occurs when a healthcare professional or institution causes injury or harm to a patient due to negligence or errors. This can be in the form of surgical errors, birth injuries, misdiagnosis, and wrong prescriptions.
3. Product Liability
If you use a product that turns out to be defective or dangerous, you can file a product liability claim. The manufacturer, distributor, or retailer may be responsible for your injury. However, you have to prove the existence of a design flaw, manufacturing defect, or insufficient warning on the product. These products can be vehicles, electrical appliances, and even pharmaceuticals.
4. Slip and Fall Accidents
Property owners must ensure their premises are safe for users, employees, visitors, or some trespassers. You can file a personal injury claim if you slip or fall on any property due to issues like poor lighting, uneven surfaces, or slippery floors without warning.
5. Workplace Accidents
Employees injured or harmed are eligible for workers’ compensation benefits. While you may not necessarily sue your employer, you can also pursue a third-party claim if your injury occurred due to third-party negligence. You don’t have to prove fault to get workers’ compensation. However, you also can’t receive compensation for non-economic damages like pain and suffering.
6. Wrongful Death
When a personal injury victim dies from the injury, it immediately becomes wrongful death. In such cases, the family or estate of the deceased can file a wrongful death claim and receive compensation. Usually, the surviving members file a personal injury claim to receive compensation for lost services and support they enjoyed from the deceased.
7. Dog Bites
Pet owners are responsible for their pet behavior. If a dog bites someone in a public place or on the owner’s property, and the injured person is there legally, the owner is liable for the dog’s actions. The owner is also responsible for the dog’s actions if it damages or hurts another animal.
Damages from Personal Injury
Damages are financial rewards or benefits you get due to your injury. They can be economic, non-economic, or punitive. Economic damages compensate you for the specific costs you incur, while non-economic damages attempt to cover the emotional and psychological impact of the injury. Lastly, the court may award punitive damages to the liable party if your injury is due to extreme recklessness.
Below is a breakdown of common damages in personal injury claims.
- Medical Expenses: These include all medical bills such as hospitalization costs, surgery, medications, rehabilitation, and therapy, as well as ongoing treatment.
- Lost Wages: If your injury causes you to lose your job or makes it impossible to work, you get compensation for lost wages.
- Property Damage: Compensation for any damaged property during your accident. This can cover repairs or the acquisition of a new property.
- Pain and Suffering: Although assigning value to the pain and suffering resulting from your accident can be difficult, it is a key element in most personal injury claims.
- Loss of Consortium: This is compensation for the loss of companionship or relationship with a spouse or family member if the injury causes the loss of a loved one or negatively impacts your relationship.
Compensation
Below are key factors that the insurance or courts consider when determining your compensation amount.
- The severity of your injury
- Cost of damaged property
- Lost income for those who are unable to work following the injury
- Victim’s pain and suffering, which considers the severity of the injury, disability, and the effectiveness of treatment.
- Shared fault, where the compensation amount reduces based on the victim’s contribution to the injury
Conclusion
Personal injury claims can be complicated when you lack accurate information. Therefore, seeking representation from top personal injury lawyers is necessary to help you navigate the legal process and fight for your best interests.
