Personal injury lawsuits are legal disputes that occur when an individual suffers an injury from an accident, and another party may be held legally responsible for that harm. In many cases, the liable party’s insurance company will pay a settlement or a jury award to cover the victim’s medical bills, pain and suffering, and lost wages.
There are many different types of personal injury legal actions, including defamation (libel and slander), pedestrian accidents, construction mishaps, assaults, workplace injuries, and actions for injuries suffered from taking defective prescriptions. However, in Florida, these are the most common personal injury lawsuits.
Motor Vehicle Accidents. The Florida Highway Safety and Motor Vehicles Department states that there are about 200,000 automobile accidents in Florida each year. That works out to an average of 650 crashes per day across the state. These numbers make auto accidents the most common type of personal injury action. Motor vehicle accidents frequently occur when one or more drivers are not devoting their full attention to the road. A motorist may be texting while driving; under the influence of alcohol, drugs, or medication; or they may be fatigued after a long day of work. A motorist may also be driving carelessly, aggressively, speeding, or without paying attention to traffic signs, controls, or signals.
Medical Malpractice. Between 3,000 and 5,000 Floridians die each year from medical malpractice. Research shows Florida is at the bottom of the list for revoking medical licenses when serious mistakes happen. As a result, there may be some doctors and surgeons in practice who shouldn’t be. A medical malpractice injury happens when a doctor or other healthcare professional’s conduct fails to meet the standard of acceptable care. Mistakes happen causing injury to a patient. Some of the most common medical malpractice personal injury claims include misdiagnosis or delayed diagnosis, failure to treat, surgical procedure errors, and injury during childbirth.
Slip and Fall. These cases make up more than a million emergency room visits in Florida each year, which accounts for 12% of total falls. The Florida Department of Health says that falls are the leading cause of injury death for Florida residents ages 65 years and older and the fourth leading cause of injury death overall. These types of cases happen when a property owner doesn’t keep their premises safe and free of hazards. It may be a private homeowner or a store or public building or location. A common example is a big box store or car dealership that fails to clean up a puddle of water or oil and/or doesn’t put up caution signs until the spill can be cleaned up. A patron may unknowingly walk into the puddle, slip, and fall, and injure themselves. The store will be faced with a personal injury claim for its failure to address the issue properly and immediately.
Product Liability. Another on the list of common personal injury claims in Florida is product liability. That’s when the manufacturer or seller of a product is responsible for putting a defective product on the market, causing injury when a consumer uses it. Florida law states that the manufacturer of a product, its distributor, or the seller can be held liable if the product is unreasonably dangerous. A plaintiff must show: (i) they suffered an actual injury or monetary damages from using the manufacturer’s product; (ii) the product was designed or manufactured defectively, or that the manufacturer knew or should have known of risks and failed to warn consumers; (iii) the defect, in fact, caused their injury; and (iv) the product was used as it was intended.
Animal Attacks. The Florida Fish and Wildlife Commission explains that even though the state has about seven unprovoked alligator attacks per year from its population of a million gators, the likelihood of being seriously injured in a random attack is about one in 2.4 million. But other animal attacks make this a top-ranked type of personal injury claim in Florida. In our state, the most common animal-related deaths and serious injuries are from large mammals, like cattle or horses, as well as Florida’s own subspecies of a black bear. In the water, there are sharks and jellyfish that can harm swimmers. However, a very common type of animal attack is that of the neighborhood dog. From 2005 to 2017, 29 people were killed by dogs in Florida. While pit bulls are most often involved in fatal maulings, the tiny chihuahua is most often involved in dog bite incidents. Even a five-pound chihuahua can bite a person that requires him or her to seek medical treatment. A serious dog bite may require stitches and antibiotics. A dog bite may result in rabies or serious infection. This could mean missing work and being unable to use a limb temporarily. A dog bite victim still may seriously be injured and want to claim compensation from the animal’s owner.
Contact TK Law
An experienced personal injury lawyer from TK Law in Tampa can evaluate your case and determine if you should seek damages for each of the following:
- Medical expenses;
- Lost wages for time away from work during your recovery;
- Pain and suffering;
- Permanent injury, disability, and scarring;
- The disruption or change to your quality and enjoyment of life; and
- Property damage to your vehicle, home, or other property.
If you or a family member is injured in one of these types of accidents, speak with an experienced Florida personal injury attorney at Trentalange & Kelley P.A. We will help you with all of the issues to make certain that you’re successful in obtaining the compensation you deserve and your legal rights are protected.
Contact TK Law today!