A personal injury lawyer in Plantation FL and who serves South Florida is very essential. You may have been in an auto accident or experienced dog bites from a neighbor’s pooch. You will want someone experienced in these types of claims on your side.
But what does the term personal injury refer to exactly? And more importantly, how do you know if you have a case? Personal injury and bodily injury have several distinctions although they sound similar.
Bodily injury is the more specific of the two terms. It refers to any instance where the accuser sustains a physical injury requiring medical attention. It is most commonly used after a car accident.
Personal injury cases are broader. The accuser seeks compensation for any damages caused by an accident or injury. The accuser does not need to be physically injured to pursue a personal injury case.
Slander and general defamation of character incidents are classified as personal injury cases, too. The accuser must prove negligence from another party in these instances. Additionally, the accuser must prove the slander had a direct negative impact leading to a loss. A loss could be a job or a close personal relationship.
Top Personal Injuries in Plantation
Personal injury law is so broad because it covers a wide variety of subjects. This fact makes the process of determining a claim confusing for Florida residents. You can save time by first understanding the top examples of personal injury. It can also help you determine whether you need the help of an attorney.
Auto accident victims file the bulk of personal injury claims no matter where you live in the United States. Each year in Florida alone, several hundred thousand auto accidents are reported.
Drivers who were hurt during an accident file the majority of personal injury claims for auto accidents. However, there are also incidents where either pedestrians or cyclists suffered damages from a negligent driver.
Another common type of case involving personal injury in Plantation, Florida relates to product liability. In such cases, the accuser must prove he or she was properly using the device when an injury was sustained.
If you fall ill due to a product such as expired food or faulty medication, you also may claim personal injury. In these cases, the victim can get compensation for medical expenses or for lost wages/earning capacity. Furthermore, a fatality victim’s family can file a wrongful death claim on behalf of the deceased.
One of the top examples of personal injury for older residents of Broward County is elder abuse or neglect. In these cases, an elderly resident received improper care at a nursing home or from a specialty caregiver. Elder abuse or neglect may is also linked to another common type of personal injury: medical malpractice.
Medical malpractice lawsuits are so severe because the damage inflicted is typically the greatest. These cases also seek compensation for:
- Medical expenses.
- Time lost at work, both for the initial treatment.
- Any additional treatment to address damages from malpractice.
Do You Have a Personal Injury Law Case?
Have you suffered significant harm as a direct result of someone else’s negligence or incompetence? If so, then you may be able to file a lawsuit with a personal injury lawyer in Plantation. This sounds straightforward. However, the broad terms often leave victims unsure if they have a legitimate case.
In many instances, victims have a valid claim but are afraid to pursue a case. The responsible party often convinces the victim he or she cannot win in court. In other cases, the victim is offered a minor amount of compensation in exchange for dropping the incident.
It is unwise to pursue a personal injury lawsuit if the victim did not experience the following:
- Have his or her property damaged
- Miss time from work
- Suffer a loss of reputation
- Did not have medical expenses from the injury
The victim has a case if he or she experienced at least one of these conditions.
For example, it is common for victims in car and motorcycle accidents to argue his or her insurance rates are going to increase due to the injury. Most insurance also does not account for additional damages from pain and suffering, changes in quality of life.
The Personal Injury Case: The Process
It is important the victim receives any necessary treatment. He or she should also speak with the insurance company before a free consultation with a law firm. Your personal injury lawyer in Plantation, Fort Lauderdale, Coral Springs, or the surrounding areas should work for you.
A common mistake victims make is waiting to receive medical treatment. This is especially true if they believe they are unable to afford medical care. This gives the impression the injuries were not as severe as the victim claims. It also leaves the victim unclear on how much he or she should pursue in damages.
An attorney investigates the claim and looks for evidence. This involves interviewing the victim and any potential witnesses. Lawyers look at the background and medical history of their potential clients.
As well, they look at any bills, records or statements relating to the case. This helps the lawyer solidify the case. Also, this gives him or her a chance to determine how much to pursue in damages.
The defendant can respond after the case is filed. Defendants often launch their own investigation. This leads to the mediation process. Legal representatives from both sides discuss the evidence and determine whether to settle out of court or go to trial.
Personal injury trials typically go quickly. However, in more serious cases, such as severe medical malpractice, the trial may last several days or even weeks.
What Are Compensable Damages in Personal Injury Cases?
How much a victim receives from a personal injury lawsuit depends on the damage caused by the defendant.
The most common damage is medical treatment. This includes fees like emergency room visits, riding in an ambulance or cost of medication to treat an injury. Another type of damage is income. This refers to how much the victim is losing as a result of not being able to work.
If the victim had his or her property damaged or destroyed, he or she can include this in the lawsuit. Victims may also sue for emotional distress, which refers to any kind of psychological impact. This may include:
- Trouble sleeping.
- Suffering anxiety or stress from being unable to participate in a hobby or other enjoyable activities.
- Damage to a personal relationship as a result of the injury.
How Brian Pabian Can Help
Brian Pabian has practiced law for over 20 years. He serves as a personal injury lawyer in Plantation and surrounding areas. He primarily specializes in cases involving insurance disputes. Brian understands exactly what goes into a personal injury lawsuit. He will ask all the necessary questions and help his clients gather evidence to ensure they receive the most compensation possible.
Brian is an experienced personal injury attorney. He knows all the legal tricks the defendant will utilize to deny responsibility and has strategies to stop them. Unlike huge law offices, he personally works with all his clients.