If you are injured through no fault of your own in Weston, personal injury law protects you. It allows you to receive compensation when someone else causes you harm. Negligence, intentional acts or wrongful conduct on another person’s part give rise to claims for personal injury. However, the law is specific about what type of injury and what type of situation qualifies for legal liability.
Typical personal injuries include such events as slipping and falling, animal attacks, and medical malpractice. However, personal injury is not only limited to physical injury.
If someone slanders you or commits a case of libel that does damage to your mental state or reputation, including emotional distress, it is also known as personal injury. Learn about the typical types of personal injury situations and how personal injury cases work below.
Typical Causes of Personal Injuries
Personal injury allows the injured party to seek legal recourse from a civil court and obtain a legal remedy, usually in the form of monetary compensation. While each case is unique, some common causes for personal injury include:
- Falling or tripping while shopping inside of a business
- Someone’s reckless operation of a vehicle
- Falling off a horse or receiving bites from a dog,
- Medical malpractice
- Wrongful death
- Assault & battery
- And even someone doing significant damage to your good reputation
If you feel you have cause for a claim, the type of injury cannot suffice on its own. There are several other requirements for a claim to proceed.
Conditions of Personal Injury
There are two conditions for a claim to move forward:
- First, is the person at fault for the damages?
- Secondly, what is the extent and severity of the damages?
If there is proof of liability and damage, then you may have a claim. Some common conditions giving rise to personal injury claims include reckless driving or negligence by another person resulting in injury.
Negligence is a broader area going far beyond car accidents. It serves as the grounds for liability in a vast majority of cases. This includes wrongful death, medical malpractice or intentional assault (mental or physical).
“Strict liability” is a term used to cover negligence by a designer or manufacturer whose product or design, when used as intended, caused damage or injury.
In terms of the severity of the damages from your injury, ask yourself:
- Has my ability to work or play changed due do physical limitations?
- Has my quality of life decreased?
- Do I have to change the type of work I do or stop altogether?
The above are just a few questions to ask yourself. Speak to Brian for more information on the severity of your accident damages.
How do personal injury cases work?
Personal injury Lawyers in Weston, FL tend to take a similar course toward resolution, though each case is unique. The general steps a case might take include the following:
- Someone else harmed you, resulting in personal injury or damage. In a broader sense, this can also be a business, store, or organization that harmed you causing personal injury.
- The next step is to determine whether the defendant had any responsibility to avoid harm to others and the specific circumstances were surrounding the case.
Both parties may meet to discuss how the plaintiff can be “made whole.” They may agree to settle out of court, and the case ends. However, if you cannot reach an agreement, then the case may end up going before a judge in a civil court.
There will be a lot of other actions going on in between, so speak to your attorney so he or she can develop a plan of action for your case.
Compensable Damages in Personal Injury Cases
Compensable, meaning financially liable, cases are those situations in which the injured plaintiff receives compensation.
To do this, they determine a dollar figure after considering the circumstances of the accident and the resulting damage.
Some types of compensable damages include:
- Medical bills or treatment: Medical treatment resulting from the damage and the costs associated with that medical care. This also may include the estimated cost of ongoing medical care in the future stemming from the accident.
- Property Loss: Personal property includes your vehicle and other items. If there is damage to your personal property, you may receive fair compensation for that item.
- Lost wages and income: If the accident impacts your ability to work now or in the future, an award based on your future earnings is justifiable. They call this “loss of earning capacity.”
- Pain and Suffering: If your mental or physical pain, is a direct result of the accident, then you may be due compensation for the immediate injury as well as future impact. This can include loss of consortium (your relationship with your spouse or children), or, or if there is ongoing pain attributable to the event.
How can Brian Pabian help as your personal injury lawyer Weston FL?
With over 20 years of litigation experience, Brian Pabian has learned the value of going above and beyond for his clients. Understanding your goals, your situation and priorities are part of Brian’s process. which allows him to thoroughly evaluate the specifics of your case, including its strengths and weaknesses. What are your personal injury lawyer Weston FL needs?
Unlike other attorneys, Brian does not focus on volume, taking in as many clients as possible. He limits how many cases he takes on, which allows him to develop personal relationships with each client he represents.
How many attorneys have you heard of who listen, take calls, and personally take the time to explain all of the steps in the process? If you need a personal injury lawyer in Weston, FL who will care about your case as much as you do, schedule a free consultation today.