When someone is injured in an accident, they will likely have a valid personal injury claim against the party responsible for their injuries. The hard part for these individuals, however, is figuring out what type of claim they need to bring in order to be successful. Florida law recognizes many different types of personal injury claims. Nevertheless, some personal injury claims arise more often than others in the Sunshine State. Below, we discuss the most common types of personal injury claims that arise in Florida.
Motor Vehicle Accident Claims
According to the Florida Department of Highway Safety and Motor Vehicles, 402,385 motor vehicle accidents occurred in Florida in 2017. Of these 402,385 accidents, 3,116 fatalities occurred and 254,310 people suffered injuries. With these statistics, it is not surprising that motor vehicle accident claims are among the most common personal injury claims brought in Florida. A motor vehicle accident claim allows those physically injured in an accident to recover monetary compensation to treat their injuries, to recover lost wages they incurred while recovering from the injuries, and to recover monetary compensation for any property damage that resulted to their vehicle because of the accident. Under Florida law, in order to prevail on a motor vehicle accident personal injury claim, the claimant must prove that the other driver involved in the crash was driving negligently and that this negligence caused the crash and subsequent injuries to occur. Negligence can be proven by presenting evidence that the other driver was not acting as a reasonably prudent person under the circumstances while operating his or her motor vehicle and this deviation from acting as a reasonably prudent person was the cause of the accident. If the claimant fails to prove these elements, then the claim will fail.
Medical Malpractice Claims
In addition to motor vehicle accident claims, medical malpractice claims are also common personal injury claims brought in Florida. Medical malpractice claims can be filed when a treating physician or other medical professional acts negligently in treating a patient and the physician’s or medical professional’s negligence results in injury or death to the patient.
Types of medical malpractice include:
- Performing a procedure on a patient incorrectly
- Performing unnecessary procedures on a patient
- Leaving medical tools and equipment inside the patient after performing surgery
- Misdiagnosis of illness
- Giving the patient an improper dosage of medication
If a claimant is successful in litigating a medical malpractice claim in Florida, the claimant may recover monetary compensation for the past and future costs of treating their injuries, lost wages and loss of earning capacity, and pain and suffering. Prior to June 2017, Florida law placed monetary caps on the amount of money medical malpractice claimants could be awarded if they won their lawsuit. However, in June 2017, the Florida Supreme Court declared these caps unconstitutional. This ruling makes it easier for claimants in Florida to get the monetary compensation they deserve if they prove their medical malpractice claim.
Premises Liability Claims
Because of the number of stores, restaurants, and other consumer establishments in Florida, another personal injury claim commonly brought in the state are premises liability claims. Premises liability claims allow those injured by a defective condition on another’s property to recover monetary compensation for their resultant injuries. The most well-known type of premises liability claim advanced throughout the country are slip and fall claims, wherein a person trips or slips on a substance on the floor of another person’s property and, thereafter, falls and sustains injuries due to the accident.
Under Florida law, the success of premises liability claims turn on whether the injured person is considered a trespasser, a licensee (a social guest), or an invitee (a customer or person doing business with the property owner) at the time the injury occurs. This is because the duty of care owed by Florida property owners’ to keep their properties reasonably safe for other people changes depending on the injured person’s status as either a trespasser, licensee, or invitee. In Florida, those classified as an invitee stand the best chance of winning their premises liability claims because they are owed the highest duty of care while trespassers stand the worst chance of winning their premises liability claims because they are owed the lowest duty of care.
Product Liability Claims
Sometimes, people are injured because they use defective products or the warning labels or instructions on products are defective. When either scenario occurs in Florida, those people may bring a product liability claim against the product’s manufacturer or distributor. In Florida, these types of personal injury claims are considered “strict liability” claims. This means that claimants may prevail on their product liability claims so long as they can prove that the product is defective in some way and this defect cause their injuries. Claimants in Florida do not have to prove that the manufacturer or distributor acted with wrongful intent or negligently in putting the product into the stream of commerce for consumers to buy and use.
Contact a Fort Lauderdale Personal Injury Lawyer to Discuss Your Personal Injury Case in Florida
Did you or a loved one sustain serious injuries due to another’s negligent or wrongful actions in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lawlor, White & Murphey represent clients injured because of another’s negligent or wrongful actions in Fort Lauderdale, Pembroke Pines, Weston, Pompano Beach, and throughout Florida. Call 954-525-2345 (South Florida) or 855-347-5475 (Toll-Free) or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 2211 Davie Boulevard, Fort Lauderdale, FL 33312, as well as offices in Pembroke Pines, Weston, Coconut Creek, Pompano Beach, and Plantation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.