Personal Injury

Common Causes of Personal Injuries in Florida

Personal injuries can arise under a variety of circumstances, but some are more common than others. For example, car accidents frequently occur throughout Florida and often cause fractures, contusions, back injuries, and traumatic brain injuries. Truck accidents are a common cause of personal injuries as well, and due to the size and weight of the trucks involved, the injuries are typically catastrophic and, in many cases, fatal. Slip and fall and trip and fall accidents also regularly cause bodily harm and are usually brought about by debris or liquid on a floor, uneven flooring, or a sidewalk in disrepair. Defective products are another cause of injuries, often causing burns, lacerations, and other trauma. Other sources of harm include animal attacks, intentional acts such as assault, and medical malpractice.

Elements of a Personal Injury Lawsuit

As the majority of accidents that cause bodily harm arise from reckless acts, most lawsuits seeking compensation for personal injuries argue that the defendant was negligent. A plaintiff asserting a defendant should be held liable under a theory of negligence must prove each element of negligence to recover damages. Specifically, the plaintiff must demonstrate that the defendant owed the plaintiff a duty of care that is identifiable under the law and that the defendant engaged in conduct that constitutes a breach of the duty. The plaintiff must also establish that the defendant’s breach was a substantial factor in bringing about the accident that caused the plaintiff harm, and that the plaintiff sustained actual damages.

A plaintiff that successfully proves a defendant is liable for their harm may be able to recover compensation for the cost of medical treatment for injuries caused by the defendant’s negligence, and treatment they may need in the future. Typically, this includes hospitalization, surgeries, prescriptions, physical and occupational therapy, and assistive devices. A plaintiff may also be awarded damages for a loss of earning capacity and future loss of earnings if their injuries diminished their ability to work. If the plaintiff was married when the plaintiff suffered harm, their spouse might be able to recover the loss of consortium damages as well. It is important to note that any lawsuit seeking damages for personal injuries must be filed within four years of the date of harm in most cases. Thus, it is prudent for anyone who wishes to pursue claims for compensation to act promptly to avoid waiving the right to recover damages.

Speak with a Seasoned Florida Personal Injury Attorney

An unexpected injury can cause financial and emotional distress, and injured people are often unable to recoup their losses without taking legal action. If you suffered bodily harm because of another person’s failure to act with reasonable care, it is in your best interest to speak with an attorney. At Winegar Law, P.A., our seasoned personal injury attorneys will set forth compelling arguments in your favor to help you seek the best result available under the circumstances. We have offices in West Palm Beach and Miami, and we frequently assist injured parties in lawsuits in other cities throughout Florida. You can contact us at (561) 717-0447 or via our online form to set up a confidential and free consultation.