Common Types of Personal Injury Cases in Florida: What You Need to Know

Personal Injury Cases in Florida

Personal injury cases are unfortunately all too common in Florida, a state with bustling cities, busy highways, and a vibrant tourism industry. Accidents resulting in injuries can happen anywhere, from workplaces to public spaces, and can have a significant impact on the lives of those involved. Understanding the common types of personal injury cases in Florida is essential for residents and visitors alike to protect themselves and seek appropriate legal recourse when necessary.

Adolphe Law Group provides Florida residents with hard-working, multicultural, multi-lingual personal injury lawyers to represent them in personal injury cases. With practice areas covering a wide range of personal injuries, we are your personal injury lawyers in Florida. 

1. Car Accidents

With millions of vehicles on the road every day, car accidents are among the most prevalent causes of personal injury in Florida. Factors such as distracted driving, speeding, and driving under the influence contribute to these accidents. Injuries resulting from car accidents can range from minor bruises to severe spinal cord injuries or fatalities.

2. Slip and Fall Accidents

Slip and fall accidents occur when individuals trip, slip, or fall due to hazardous conditions on someone else’s property. These accidents commonly happen in stores, restaurants, hotels, and other public places. Property owners have a duty to maintain safe premises, and if they fail to do so, they may be held liable for injuries sustained by visitors or patrons.

3. Medical Malpractice

Medical malpractice occurs when healthcare professionals fail to provide a standard level of care, resulting in harm to patients. Common examples include surgical errors, misdiagnoses, medication errors, and birth injuries. Medical malpractice cases can be complex and require expert testimony to establish negligence on the part of the healthcare provider.

4. Product Liability

When defective or dangerous products cause injury to consumers, the manufacturers, distributors, or sellers of those products may be held liable for damages. Product liability cases can involve a wide range of products, including vehicles, pharmaceuticals, appliances, and children’s toys. Establishing liability in these cases often requires extensive investigation and expert testimony.

5. Dog Bites

Dog bites and attacks can cause serious injuries, including puncture wounds, lacerations, and infections. In Florida, dog owners can be held strictly liable for injuries caused by their pets, regardless of whether the dog has a history of aggression. Victims of dog bites may be entitled to compensation for medical expenses, lost wages, and pain and suffering.

6. Workplace Accidents

Florida workers are at risk of injury in various industries, including construction, manufacturing, healthcare, and agriculture. Workplace accidents can result from factors such as unsafe working conditions, inadequate training, or defective equipment. Injured workers may be eligible for workers’ compensation benefits to cover medical expenses and lost wages.

7. Assault and Battery

Victims of assault and battery may suffer physical injuries as well as emotional trauma. In addition to criminal charges, perpetrators of these crimes can be held civilly liable for damages. Victims may seek compensation for medical expenses, therapy costs, and pain and suffering through a personal injury lawsuit.

Seeking Personal Injury Lawyer in Florida

If you or a loved one has been injured in any of the above types of accidents, it’s essential to seek legal assistance promptly. A skilled personal injury attorney can help you understand your rights, gather evidence, and pursue fair compensation for your injuries. In Florida, there is a statute of limitations for filing personal injury claims, so it’s crucial to act quickly to protect your legal rights.

In conclusion, understanding the common types of personal injury cases in Florida is essential for residents and visitors alike. Whether you’ve been injured in a car accident, slip and fall incident, or medical malpractice situation, knowing your rights and legal options is crucial. By seeking the guidance of an experienced personal injury attorney in Florida, you can navigate the complexities of the legal system and pursue the compensation you deserve.

Personal Injury and the Florida Legal System: A Review of Notable Cases

Personal Injury Cases in Florida

Have you ever been injured and thought, “That wasn’t my fault! How am I going to recover from this injury?” There are many instances where a person is injured and incurs emotional, physical, financial, and even spiritual hardship. What the injured person doesn’t know is that there is help available to recover from these hardships. Hiring a personal injury lawyer in Florida can be the key to getting you on the road to holistic recovery. 

What Constitutes Liability in Florida?

So you were injured. Now what? How do you know if you have a personal injury case? The state of Florida requires certain aspects to be met in order to establish another party’s liability. In court, a personal injury lawyer Lake Worth must show proof of the following:

  • The defendant owed the victim a duty of care: The defendant (person at blame) had a duty under the law to take reasonable precautions to avoid harm. 
  • The defendant failed to provide that care: The defendant breached their obligation to protect you by willfully or negligently failing to do so. 
  • Your injuries were caused by their failure: The “proximate cause” of your injury was the defendant’s breach of their duty of care. In other words, but for the defendant’s carelessness, your harm would not have happened.
  • You incurred damages from the injuries: You had measurable losses in terms of money, health, and/or mental well-being. Even if a defendant committed a negligent act, you cannot file a lawsuit if you did not sustain any losses.

Personal Injury Cases in Florida

Are you still unsure if your injury would qualify? Below are some examples of personal injury cases in Florida to help you understand the types of cases that have been tried successfully in the state:

Morgan v. Wal-Mart: This case involves a woman seriously injured in a Walmart parking lot after falling into a pothole. The lawsuit alleged that Walmart was negligent in maintaining the parking lot and failing to warn customers of the hazardous condition. This case can be found at 166 F.3d 1075 (5th Cir. 1999).

Colson v. Miami-Dade County: This case involves a woman injured in a car accident caused by a malfunctioning traffic signal. The lawsuit alleged that Miami-Dade County was responsible for maintaining the signal and failed to do so, resulting in the accident. This case can be found at 124 So. 3d 346 (Fla. 3d DCA 2013).

Perez v. Allstate Insurance: This case involved a man who was seriously injured in a car accident and sought to recover underinsured motorist benefits from Allstate Insurance. The case went to trial and resulted in a significant award for the plaintiff. This case can be found at 70 A.D.3d 1183 (N.Y. App. Div. 2010).

Paz v. Universal Studios: This case involves a woman injured on a ride at Universal Studios. The lawsuit alleged that Universal Studios was responsible for the ride’s design and failed to properly maintain it, resulting in the plaintiff’s injuries. This case can be found at 264 Cal. App. 4th 249 (2019).

Valencia v. Brightline: This case involves a woman injured in an accident involving a Brightline train. The lawsuit alleged that Brightline was responsible for the accident and failed to take adequate measures to protect passengers. This case can be found at 273 F. Supp. 3d 1350 (S.D. Fla. 2017).

Liability will depend on the particulars of the case but know that negligence is to blame for the majority of accidents. It can be difficult to establish negligence and who is responsible for your injuries. A personal injury attorney Lake Worth will carry out a comprehensive investigation to gather evidence and, if required, will hire an expert to reconstruct the accident to determine who is responsible for what happened.

The at-fault party will normally have liability insurance so that you will make a claim, and the at-fault person’s insurance company will decide who is responsible. The insurance may determine that their policyholder is at fault after thoroughly reviewing the facts, and they can then make you an offer of settlement. On the other hand, you and your lawyer might decide to file a personal injury case so the court can make the decision if responsibility is disputed. 

We Can Help You Prove Liability

Adolphe Law Group will help you determine and gather evidence to prove another party is liable for your accident. Contact us today to speak to a highly-skilled Florida personal injury lawyer in a free consultation.