Personal Injury Cases and Mistakes to Avoid That are Common in South Florida
Posted on June 20, 2020 | by Freddie George
There are a lot of times where we find ourselves in unpleasant situations, we never thought we would be in. At times it can be our own fault while at other times it can be someone else’s fault. If you have been injured due to someone else’s choices, willful intent, or negligence, you may have a personal injury case to deal with. Most of the time these types of cases don’t go to trial. Most defendants will usually settle for an agreed-upon amount instead. Below we will talk about the most common types of personal injury cases and how do you know if you have certain grounds for receiving compensation.
Common Types of Personal Injury Cases
If you want to pursue financial compensation for your injuries, hiring a personal injury attorney is a must. There are no two personal injury cases that are the same. There are many factors that come into play such as the event, people involved, and the lawyers hired.
- Workplace accident: Personal injuries such as trip and fall cases, hazardous work environment lawsuits, hazard material lawsuits, and more occur in the workplace more often than you think. You can be entitled to financial compensation if you’ve ever been injured at work due to an unsafe workplace or the lack of care from your supervisors/management.
- Dog Bites: There are about 4.7 million people bitten by dogs each year and around 800,000 of them requiring medical care in the United States. A lot of the times people are bit by dogs due to their own carelessness or poor choices but there are also cases where someone’s neighbor has a dog or dogs on the street that can randomly bite you as well. Regardless of the situation, you are entitled to pursue financial compensation from the animal’s owner. In this case, contacting a dog bite lawyer will be the best option as he/she will gather all the necessary data to file a case and fight for your rights.
- Medical Malpractice: These types of cases deal with injuries that are caused by a doctor’s lack of care or treatment that was done inappropriately. If you have any injury, illness, or any other damage either mental or physical due to a doctor or health facility, you are eligible for a medical malpractice lawsuit.
- Motor Vehicle Accident: Getting into a car accident can affect your life permanently in a negative way. If you get into a car accident that was not your fault, then you might be able to seek compensation for your injuries. The defendant needs to show proof with medical documentation that details the injuries they went through, insurance information, and a police report that shows the details of the accident.
- Product Liability/Product Defect: When you purchase any product and use it the way it’s supposed to be used; you should never be harmed from it. If you do get any injuries caused by the product’s defect, then you can also seek compensation against the manufacturer. Manufacturers will often provide documents discussing the usage of the product and what the company isn’t liable for in the packaging of their products. With these types of cases, it is best if you consult with a legal specialist to see if you have the ability to seek compensation.
- Wrongful Death: These claims involve someone’s death due to the fault of someone else. An example can be if the person works in a construction site and they pass away due to an accident that was caused there, then his or her family can be entitled to compensation.
We also want to provide a list for you talking about mistakes you can avoid in a Personal Injury Case:
- Don’t wait to seek medical treatment. This is a common mistake a lot of victims make. Any medical treatment should be treated as soon as possible that way you recover from your injury as quickly as possible and if you want to seek compensation, you will need to show proof for your injuries. If you don’t show evidence, an insurance company may challenge your claim since you aren’t showing any effort on your end.
- We understand getting into an accident can be scary. Something that is very important, and people tend to forget because they are in a different state of mind at the moment is to gather as much information as possible. Take pictures of the scene from every angle, collect license plate number as well as dents, scrapes, and other physical damage. Take pictures of the road signs, posts, uneven pavements, etc. You also want to collect information of the at-fault driver including name, address, phone number, and insurance information.
- Another common mistake is not hiring a personal injury attorney as soon as they realize they have a claim. They make sure that all evidence is taken care of, negotiate with insurance companies and attorneys that represent the one’s responsible for your injuries which can build a successful lawsuit if the ones responsible refuse to pay. A claim for financial compensation can easily fail without a strong foundation.
- It is important that you don’t talk to anyone about your personal injury case but your attorney. Even if you think you are at fault or partially at fault, don’t admit it to anyone that was at the accident scene or afterwards. That is why you have an attorney and they will share that information at the proper time when it’s necessary.
- Do not exaggerate a story. Remember that your attorney is on your side. All you need to do is be honest and they will make sure to present the facts as strongly as possible in your favor.
- A lot of people tend to post on their social medias when someone negative impacts them. Again, it is very important that you only talk to your attorney about your case. Your family and friends should not be posting anything either or giving out any information about your accident and injuries. Others can be looking at your information and if you decide to post, that can be used against you.
- You might want to get things over with as soon as possible. Don’t accept the first settlement offer. Insurance companies are going to want to pay you as little as possible and will not fairly compensate you for your losses. The best thing to do is consult with an attorney who can evaluate your claim. When speaking to an insurance company and the agent says they need an answer right away, then it should be a definite “no.”
- The job of your attorney is to make sure that your case is filed on time. It is up to you to determine when your case must be filed and make sure that it is filed by that date if you decide to not hire an attorney.
- Don’t be scared to go to court. Any concerns you might have, share them with your attorney. Filing a lawsuit shows the person responsible for your injuries that you are serious. It opens the door to information which can be disclosed once the file has been filed in court. It is always good to ask your attorney why they believe the case should be tried rather than settled, or the other way around. You can listen to your attorneys advice but at the end of the day it will be your decision whether you want to go to trial or settle.
Personal injuries can be minor as well as catastrophic changing someone’s life forever. We know how devastating it can be seeing someone you care about suffer over severe or permanent injuries. When the victim’s injuries are severe, it is crucial that you reach out as soon as possible to a law firm that you’ve heard of or know is good. A law firm can sometimes offer free consultations and will evaluate your claim, answer any questions, and let you know what your next steps to move forward should be.