One of the most common questions asked of a personal injury attorney is what types of cases they handle. Personal injury law is civil law. Personal injury cases require a person who has suffered an injury demonstrate they suffered an injury due to someone’s actions or inactions, that the injury could have been avoided had someone not behaved negligently, and the victim suffered a financial loss because of the injury. Personal injury attorneys also handle wrongful death claims.
Establishing Duty of Care in Personal Injury Cases
The first element which must be demonstrated is the person who is responsible for an injury owed the victim a duty of care. The level of care is often dependent upon the type of incident which resulted in injury. Some examples include:
- Medical Malpractice Cases — health care professionals, hospitals, and drug manufacturers owe those seeking health care a level of care which would be comparable to the care offered by any competent professional in the same field.
- Premises Liability Cases — landlords and property owners owe a duty of care to those who are invited to their facility. Whether the property is a private home, spa, hotel, or restaurant, they owe a duty of care to those who come to the property for legal purposes. In most cases, no duty of care is extended to someone who is trespassing.
- Roadway Accident Cases — drivers on Florida roadways owe other drivers, passengers, motorcycle operators, bicyclists, and pedestrians a duty of care. That duty is breached when a driver is under the influence, distracted, or is ignoring traffic signals.
- Workplace Injury Cases — an employer is responsible for ensuring proper safety practices are adhered to by contractors and vendors in their facility.
- Product Liability Cases — a manufacturer is responsible for ensuring their product will not cause a person injury. Safety standards must be met for any product offered.
- Dog Bite/Attack Cases — the owner of an animal must minimize the risk, ensuring others in the community are not attacked or bitten by their dog. Dogs must always be under the control of their owner.
Victims of Breach of Care
When a victim suffers an injury because someone breached their duty of care, they may have the basis for a personal injury lawsuit. These lawsuits are intended to ensure the victim does not suffer financially because of their injury.
Depending on the type of accident, victims are entitled to seek compensation for time lost from work, medical bills, and other costs associated with their injury. In some cases, punitive damages may be awarded to the victim. When the victim loses their lives, Florida, as well as most other states, allows the surviving family members to file a wrongful death lawsuit which is also a type of case handled by personal injury lawyers.
Each Personal Injury Law Case is Different
When you have suffered an injury, or you have lost a loved one, and you believe the injury or death could have been prevented had someone acted in a different manner, then you should ask for a consultation with an experienced personal injury lawyer. You can request a free consultation and find out what legal options may be available for you and your family.
Anyone who is uncertain if they can file a personal injury lawsuit should seek the assistance of an attorney. Since there is a time limit on when you can pursue these types of civil actions in Florida, the time to contact a personal injury lawyer is today — do not wait or you could put your case at risk.
