Personal injury cases are legal disputes that arise if you get injured due to someone else’s fault or institution. If that happens, you can obtain compensation with the assistance of a personal injury attorney in South Florida. However, these cases face the challenge of proving the other party’s negligence. Over the years, the law has evolved as courts continue to pass decisions on these cases.
If you are involved in a personal injury accident, your attorney will file a lawsuit to try and get a mutually beneficial solution through a settlement negotiation. Below we look at some personal injury case examples. These examples will help you understand different types of personal injury accidents and the amount of compensation to expect.
Types of Personal Injury Cases
Slip and Fall Injury Cases
A slip and fall accident can happen in public or private premises, leading to severe injuries that require prolonged medical care. Therefore, a slip or trip and fall accident lawsuit in personal injury law is known as a premises liability lawsuit.
Suppose you get involved in this type of accident, either in public or private premises, due to another person’s negligence. In that case, you’re eligible for filing a premises liability lawsuit. These types of accidents can lead to various kinds of injuries:
- Soft tissue damages whereby your muscles, ligaments, and tendons get injured
- Broken bones and fractures may include broken wrists, arms, or fractures. This type of injury may require a great deal of medical treatment and prolonged recovery time.
- Traumatic brain injury may result in blurred vision, confusion, and difficulty in concentrating.
- A concussion occurs if you slip and fall on your back leading to mild traumatic brain injury.
- Spinal cord injury leads to damage of the nerves and cells that send and receive signals to your brain.
Examples of Slip and Fall Injury Cases
Below are some examples of slip and fall accident cases that we have helped clients get compensation for.
- Case Example: Slip and Fall Accident Resulting in Spinal Cord Injury
- Case Example: Slip and Fall Accident Resulting in Broken Bones
- Case Example: Slip and Fall Accident Resulting in Knee Injury
Motor Vehicle Accidents
Personal injury cases involving motor vehicle accidents are complicated as you’d likely be fighting against the driver, their insurance company, and their attorneys. In this case, your attorney will help you prove the driver’s negligence. Negligence can occur in various scenarios such as:
- Driving under the influence of alcohol or drugs
- Violating traffic signals
- Aggressive driving behaviors
- Using a mobile phone while driving
- Overspeeding, failing to yield, and ignoring other traffic rules
If you are involved in a motor vehicle accident, you need to establish various things in your car accident lawsuit:
- That the defendant was violating the duty of care
- The driver was not using reasonable caution while operating the vehicle
- The defendant conducted in a way that resulted in your injuries
- You suffered measurable losses due to the accident
With all these facts to prove, you need to keep complete and detailed records of the injuries, property damage, and medical records. Again, a professional personal injury attorney will help you prove your case and get the compensation you deserve.
Examples of Motor Vehicle Accidents
Below are good examples of personal injury cases due to motor vehicle accidents:
- Case Example: Car Accident Resulting in Wrongful Death
- Case Example: Automobile Injury Resulting in Traumatic Brain Injury
- Case Example: Parking Lot Car Accident Resulting in Spinal Cord Injury
- Case Example: Wrongful Death Resulting from a Driving While Huffing
Business Premises Liability
Premises liability is a common concept in personal injury cases when you get injured on someone’s property. These accidents occur due to some defective or unsafe condition in the property. While most premises liability cases are due to negligence, it doesn’t automatically mean that the owner was negligent.
In this case, you have to prove in your claim that the owner knew or should have known about the unsafe condition in their property. Premises liability cases can be classified in various factual scenarios such as:
- Swimming pool accidents
- Slip and fall accidents
- Inadequate property maintenance
- Defective condition of the premises
- Elevator and escalator accidents
- Inadequate security in the building leading to assault
- Toxic fumes and chemicals
- Dog bites
- Amusement park accidents
A property owner owes a duty of responsibility to people authorized to enter the property, such as an invitee or a licensee. However, the owner has no obligation of commitment to a trespasser unless the trespasser is a child.
Examples of Premises Liability Cases
Here are examples of premises liability cases and how our professional personal injury attorneys helped victims get fair compensation.
- Case Example: Negligent Security Lawsuit Against Gated Retirement Community for Preventable Death
- Case Example: Customer Burnt with Boiling Water While Waiting to Be Served at a Restaurant
You can file for a product liability lawsuit if a dangerous or defective product injures you. Various theories and rules of recovery developed over the years that make product liability cases easier to prove than other types of personal injury cases.
In South Florida, a manufacturer is held liable if the product they manufacture is considered unreasonably dangerous. First, however, you have to prove the following elements in your negligence claim:
- Defect or failure to warn- you should prove to the court that the product was defectively designed or manufactured and that the manufacturer knew about the flaws but failed to warn consumers.
- Loss- you must prove that you suffered monetary loss or an actual injury after using the manufacturer’s product.
- The product caused the injury- during the case, you must prove that the use of the product caused the damage.
- You used the product as intended- you must prove to the court that you used the product as directed by the manufacturer or as the manufacturer could have expected the product to be used.
Manufacturers have a legal responsibility to consumers and are held liable if their product leads to physical or emotional stress, medical bills, rehabilitation, or loss of income, among other damages.
Product liability lawsuits are highly specialized and expensive, and you need to consult with an expert product liability lawyer to help you prove that the product was defective. Your attorney proves a product liability case through:
In product liability negligence, you must prove:
- The defendant breached the duty of care that they owe you and hence the reason for the injury
- The causal link between the defendant’s breach of care and the harm caused
It’s hard to prove the defendant’s negligence either due to omission or a positive act.
In strict liability, you need to prove that a defect in the product caused the harm. Although there are other parties in the distribution chain, the manufacturer is held responsible for the deficiency.
This happens if the manufacturer provides misleading information to the consumer. If you follow this information and suffer an injury, you can file a product liability case against the manufacturer.
Breach of Warranty
You can file for a product liability lawsuit if the manufacturer stated that it was free of defects but failed to ensure safety. Unlike negligence and strict liability, this type of claim involves the breakage of a contractual promise.
Examples of Products Liability Cases
Here are examples of product liability cases that prove that good evidence is critical for the success of a product liability case.
Case Example: False Advertising and Deceptive Business Practices
Wrongful death in Florida occurs if a person’s or an entity’s negligence, wrongful act, or breach of contract results in another person’s death. Some of the legal faults that can result in wrongful death include:
- Medical malpractice
- Negligence-based incidents such as a car accident
- Intentional acts such as during a crime
- Defective product
The Florida Law requires that a personal representative of the deceased person’s estate file a wrongful death claim. That’s unlike other states where the family of the deceased can file for wrongful death lawsuits. A personal representative of the deceased’s estate acts on behalf of the dead and the surviving family. Therefore, when making a claim, the representative must include all potential beneficiaries.
Under Florida Law of statutes, you must file for wrongful death claims within two years from the date of the person’s death. Failure to file the case within this time limit leads to an automatic loss of the right to make a claim.
If you’re successful in this type of case, the court will order the defendant to pay for the damages you’ve claimed to compensate for the death. These damages can be categorized as damages awarded to the deceased’s estate and those granted to the surviving family. These may include:
- Lost wages and benefits
- The value of earnings the deceased could have retained as savings
- Medical and funeral expenses
- Loss of support and services offered to the family
- Mental pain and suffering
- Loss of parental companionship and support
- Loss of friendship and protection
Examples of Wrongful Death Cases
Here is an example of a wrongful death case whereby a jewelry store owner shot a teen.
Get Professional Help for Your Personal Injury Claim
If you ever find yourself in any of the above personal injury cases, you should talk to a professional personal injury attorney in South Florida.
At Shiner Law Group, we will help you navigate the claim process depending on the type of personal injury case you have. Call us today for a free consultation and learn how we can help you.