Personal injury is a legal term used to describe the injuries that a person suffers as a result of another person’s negligence. The laws that govern personal injury allow injured people to recover compensation for damages other parties cause them. A Fort Myers Personal Injury Lawyer will act as your ally to help you file a claim for the damages, regardless of the severity of your injuries.
Whether you have sustained minor or major injuries, the law allows you to seek compensation. According to data from the U.S. Centers for Disease Control and Prevention’s (CDC) National Center for Health Statistics, more than 31 million personal injuries occur each year. The data also show that nearly 162,000 people die from personal injuries annually.
There are different types of personal injury cases for which you may seek compensation. Tort law allows an injured person to recover compensation for their damages. Here are the common types of accidents that lead to personal injury cases:
If you are involved in an automobile collision or any other kind of motor vehicle accident, the first thing that you should do is seek medical attention. Getting treated by a medical professional will help you determine the severity of your injuries. Once you have sought medical assistance, you can then speak to a Fort Myers car accident lawyer and initiate the personal injury claim process.
In many cases, an individual may accidentally fall on someone else’s property. If the floor was wet or unsafe, then you may be able to take legal action. The property owner must ensure that the floors are built correctly and maintained safely. The floor should be free from all hazards. In some states, you can even file a claim if you are partially to blame. Sometimes, slip and fall accidents can cause wrongful death also.
If your doctor fails to provide the appropriate level of treatment, you can take legal action against them. However, you do not have a viable claim against them if you are simply unhappy with the treatment’s results. A personal injury claim based on medical malpractice should relate directly to a doctor’s inability to provide you with an adequate level of care.
Dog bites can be dangerous and can even cause permanent damage. In most circumstances, the dog owner is responsible for any dog bite injuries and for compensating the victim. If a dog has bitten you, you can file a personal injury claim. However, you will need to have evidence to prove that the dog caused the accident.
Making false statements to defame another person also falls under the category of personal injury. If you think someone is intentionally trying to defame you, you can take legal action against them. Personal injury law allows you to hold accountable any individual who consciously makes negative or false comments about you.
Common intentional torts are battery, assault, trespass to land, false imprisonment, intentional infliction of emotional distress, and trespass to chattels. Assault refers to an offensive act that puts someone in danger. If another person intentionally injures you, you can file a personal injury lawsuit, as well as pursue criminal charges.
Negligentaccidents may lead to uncertainty and traumatic injuries. Personal injuries may even lead to lost wages and could affect your long-term overall ability to earn. Some people suffer brain and spinal injuries that make it difficult for them to live independently. Here are some of the damages for which you may be able to recover after an accident:
Financial compensation for damages after an accident is designed to make you whole. If your earning capacity has been permanently diminished, that may increase the overall compensation for which you are eligible. If you have incurred injuries because of someone else’s actions or omission, you should consider filing a claim.
There are a variety of factors causing catastrophic injuries due to accidents. Some of the fundamental accidents that can lead to medical care, lost wages, and wrongful deaths are:
|Personal Injuries||Percentage Recorded|
|Slip and Falls||20%|
|Struck By or Against Object||12%|
|Gunshot or firearm||9%|
|Cut or pierced by object||4%|
|Burns or Fires||2%|
|Drowning or submersion||1%|
All these injuries have been estimated to cost nearly $406 billion per year across the United States. The data mentioned above has been taken from the Centers for Disease Control and Prevention (CDC).
Under Florida law, the elements of proving a negligence case include:
The plaintiff must prove all four elements to recover under negligence law in Florida. If you or a loved one has been injured and you think you may have a negligence claim, contact a team of competent Fort Myers personal injury lawyers.
The process of getting compensation can be complicated. There are two major ways to recover compensation for personal injuries. One is by agreeing on a personal injury claim settlement amount with the other party or their insurance company.
The second way to receive compensation is through a legal action which may involve a trial in courtl. The process is a bit tricky, and there are many legalities associated with the process. Here are some of the ways a legal professional can help you:
The opposing party’s insurance company will try its best to reduce the amount of compensation you receive. The insurance companies are not easy to deal with, and an experienced legal professional can negotiate with them on your behalf.
Deadlines play a considerable role when it comes to legal work. Missing even one deadline can cause your claim to be denied. Therefore, you must keep track of all the deadlines and file everything on time.
If you do not have sufficient evidence, you will not have a strong personal injury claim for compensation. The opposing party’s insurance company will reject your claim right away if you cannot provide sufficient proof.
You may not know all the legalities related to personal injuries, but lawyers have in-depth knowledge. They have also handled such cases in the past and know how these cases should be dealt with.
Representation in court is necessary if your case reaches the trial stage. It will help you not to worry about managing the hearings and appeals on your own. They can help you prepare for trial and guide you on how you should present yourself in court.
One of the main benefits of hiring an experienced Fort Myers personal injury attorney is their legal knowledge and ability to estimate your claim’s value. They are aware of what is required across the whole process and can assist you at each step.
If you have any questions or concerns, schedule a free consultation with Berke Law firm, P.A. They can help you through the process of seeking an appropriate settlement claim. We have helped many clients get compensation for their injuries. Do not let someone else’s negligence affect the rest of your life. Take the critical step and reach out to us.
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