When it comes to the law, there are many different categories. From complex to very simple, issues arise all the time. Possibly one of the most important areas of law to the everyday person is personal injury. In these types of cases, a person (or a person’s property) is usually injured by the negligence of another person. Sometimes, people even act purposefully in forms of revenge or out of anger. No matter the reason, if someone is injured due to the actions or lack of actions by another person, that person should be held responsible. This is, in a nutshell, the idea behind personal injury.
Top examples of personal injury cases:
- Car accident cases
- Slip and fall cases
- Medical malpractice cases
- Dog bite cases
- Product liability cases
If you’ve been injured, the smartest thing you can do is seek the help of an attorney. An experienced lawyer will help you receive compensation for your injury and the suffering it has caused you. Sometimes, accidents leave you out of work, emotionally damaged, or simply in physical pain.
Now, what are the most common types of personal injury cases?
1. Car Accident Cases
One of the most common types of personal injury cases, especially in South Florida, is injury that results from a car accident. Often times, people are texting and driving, not paying attention, or just generally distracted while driving. When this is the case, an accident follows. Unfortunately, these cases are usually avoidable. But, if someone hits you and you become injured as a result, you have the right to seek compensation.
Even a light tap from the car behind you can bring on years of back pain and other injury. It’s important to get checked out by a doctor to become knowledgeable about the injuries you’ve suffered. Documenting your injuries along with the entire experience will ensure a higher financial reward.
Although it’s easy to add up medical bills and lost wages, it’s difficult to determine pain and suffering. Because every accident is different and each person’s injuries unique, determining a settlement amount is complicated. To determine what you may recover, double the amount of financial damages. On top of that, add whatever pain and suffering damages the court may find.
2. Slip and Fall Cases
Another common personal injury category is what’s called a “slip and fall.” If you aren’t already familiar, this occurs when a person slips on some sort of surface and falls. The fall results in an injury. Unintentional falling is the leading cause of non-fatal injury in nearly all age groups according to the CDC. Some of the most serious brain injuries are caused by a simple “slip and fall,” so it’s important to take these cases seriously. Usually, this injury could have been avoided if the surface was not slippery/wet/dirty/etc.
As an example, think of a big chain grocery store. If the air conditioning is leaking and creating a puddle in one of the aisles, it is the store’s responsibility to clean up the mess. If the collection of water is not cleaned up and a customer slips and falls, her injury will be at the expense of the grocery store for negligently caring for the floors.
As most other causes of action, a slip and fall’s average settlement amount depends on a case-by-case basis. The average slip and fall case costs a family around $30,000. To get a rough estimate of the average settlement, you could take that amount and add additional losses such as pain and suffering.
3. Medical Malpractice Cases
Also topping the list of common personal injury causes of action is medical malpractice. In a medical malpractice case, a patient in a hospital or doctor/patient setting is mistreated in some way that causes additional harm to the patient. Usually, because of the negligence of a doctor or medical provider, the victim leaves worse off than when he/she arrived.
From misdiagnoses to an improper cut during surgery, the malpractice of a medical provider can cause life-changing consequences for the injured person. What should have been a routine procedure can sometimes turn into a life or death scenario if the doctor makes a mistake. It is the victim’s right to seek money compensation for any health related issues that a medical provider has caused.
More than 90% of medical malpractice cases are settled. In other words, the case does not go to court because both parties agree on an amount of money to be paid to the victim that is fair and just according to the injury. According to one source, the average settlement amount for these types of cases is around $400,000. If the case were to go to jury trial, that average raises up to $1 million. Statistics differ and settlements vary. There is no sure way to guarantee a certain amount, but having a personal injury lawyer to fight for you will ensure you receive the highest award possible.
4. Dog Bite Cases
More common than you might think, dog bites happen often. Porcaro Law is no stranger to these types of personal injury claims. No matter the reason, in Florida, dog bites are legally unacceptable. The owner of the dog is always responsible for the bite of his/her dog, whether or not the owner is aware of the dog’s viciousness. Although, the law varies from state to state.
Other states follow a “one bite rule.” This means that the owner of the dog is responsible for a bite because he/she knew of the dog’s biting propensities due to the dog’s past behavior of biting. Unfortunately, these cases are especially common in young children because they don’t understand that some dogs are aggressive rather than playful. Dog bite cases are also difficult for the victim because the dog is often owned by a neighbor or a friend; this leaves the victim with thousands of dollars in medical bills in addition to trauma and pain and suffering. However, a dog bite attorney can help you explore your options. Don’t let an uncomfortable situation stop you from receiving money compensation that you deserve for an accident that could have been avoided. There are ways to make the process easy and fair to both sides.
Because the law varies from state to state, the average settlement amount for dog bite cases will also vary. According to the Insurance Journal, the average settlement amount for dog bite cases is around $32,000.
5. Product liability cases
Thanks to Florida’s favorable tax rates, the sunshine state remains a premier destination for business ownership. Yet as a business owner, you’re more exposed than you may think when it comes to product liability. Considering the fact that anything could go wrong, product liability lawsuits often involve personal injuries to consumers caused by dangerous or defective products. Predominantly, these cases arise due to negligence or incorrect assembly in the workplace. Although a product may be well-designed and top-rated among consumers, a simple mishap during manufacturing could adversely affect the lives of many who opt to use a product.
An example of this is Cedrick Makara vs. Newmark Realty and 40 Worth Associates. Mr. Makara was awarded $3 million in damages after sustaining a personal injury to his thumb from a defective doorknob in the building. Because Newmark Realty was liable for the safety and overall conditions of the building structure, they were lawfully sued on behalf of the victim.
Porcaro Law group has handled a variety of product liability cases over the years and understand the gravity of these situations. The most common product liability cases are design defects, manufacturing defects, and even marketing defects which involve a failure to warn consumers. While a business may come under fire for an incorrectly constructed product, the person who is injured is the one who suffers the distress of a product liability claim. As a result, it’s important to seek the expertise and support of professional counsel when navigating the complexity of product liability law in Florida. With our backing, clients can clearly establish negligence or strict liability took place as well as hold the manufacturer responsible.
Vulnerability to a Florida product liability lawsuit is not uncommon. We’ve helped product liability clients who have been injured by vehicles, poorly designed household products, recreation equipment, and defectively marked chemicals. If you’ve experienced a personal injury on the account of a business’ negligence, speak to one of our personal injury attorneys today.
Personal Injury Cases FAQ
When it comes to personal injury lawsuits, each claimant is different. While these 5 examples of personal injury cases are some of the most common, there are many facets to Florida’s personal injury law. Our team of experienced attorneys get asked a number of questions concerning car accident cases, slip and fall cases, medical malpractice, workers compensation, dog bite cases, product liability cases and more. Below are answers to the most frequently asked questions involving personal injury claims:
What should I do after sustaining a personal injury?
Immediately seek medical attention. Having a medical record of your injury is instrumental in building a creditable claim and will ultimately impact your wellbeing and recovery process.
I’m at fault for an accident. Do I need to hire an attorney?
If you are potentially liable for an accident, then you will need the help and guidance of professional counsel to walk you through the process. Should the court find you culpable, you may be liable to pay financial compensation and damages to the victims.
What is the process for a worker’s compensation claim?
Sustaining an injury at work is something that can happen to anyone. If you fall victim to a personal injury while on the job, it’s important to seek medical attention right away and contact an experienced personal injury attorney shortly after. With the help of professional counsel, you’ll be able to open a worker’s compensation claim and navigate the process more quickly.
Our purpose at Porcaro Law Group is simple. We are here to help victims and their loved ones receive the compensation they deserve. Trust your case to an experienced South Florida personal injury lawyer. Contact us today to get started with your personal injury case.