Why You Should Hire A Serious Injury Attorney

Suffering a serious injury can put you through living hell. You not only have to endure a lengthy rehabilitation process, but you can also go through severe mental stress worrying about your future.

To ensure you heal in peace and survive the fallout from your trauma, you should hire a serious injury attorney and file a personal injury lawsuit against the liable party.

What Is Considered A Serious Injury In Florida?

According to Florida Statute § 316.027, a serious injury is defined as a physical condition that causes a significant risk of death, disfigurement, impairment, or loss of the function of a body part or an organ. 

In other words, this covers injuries that require a substantial amount of time to heal or may never heal completely. 

For example, serious bodily injury in Florida includes ailments such as:

1. Spinal injuries

2. Traumatic brain injuries (TBI)

3. Head and neck injuries

4. Severe burns

5. Deep laceration

6. Paralysis

7. Permanent scarring

8. Disfigurement

9. Loss of limb

10. Severely broken bones

11. Loss of hearing

12. Loss of vision

These types of injuries typically occur during car or motorcycle accidents in which the force of impact can be considered extensive. Unfortunately, it’s also common for injuries like TBI to occur during mishaps like slips and falls.

Additionally, these can happen during acts of aggression, as well as workplace incidents during the use of heavy machinery, lifting heavy objects, or even exposure to toxic chemicals.

Serious Injury Liability

The cause behind the injury will usually determine the liable party that can be an individual or multiple people. Regardless of who is responsible, if your injuries were caused by another individual, you can file a personal injury lawsuit to recover the damages.

While some accidents are clear-cut, especially when the other person admits to the wrongdoings, not every case is the same.

Let’s saythat the liable party won’t take responsibility for a car accident, Your serious injury attorney will have to put together a case using police reports, eyewitness accounts, expert witnesses, photos of the accidents, etc.

When talking about car accidents, the liable party doesn’t have to be the other driver. If unsafe road conditions led to an accident, the liability lies with the government entity in charge of maintaining the roads. On the other hand, if your accident occurred due to a manufacturing defect, the manufacturer is the liable party.

For injuries that occurred on someone else’s property, the occupier or the owner of the said property is responsible for the accident. A good example is an accident that happens due to unmarked hazards in places such as supermarkets.

Lastly, if the use of a product that was defective caused injuries, the manufacturer will be held liable for the accident.

Proving The Elements Of Negligence

For your lawsuit to be successful, your serious injury attorney has to prove that negligence occurred. In simple terms, negligence can be described as a failure to act with a level of caution that a reasonable person would in a similar set of circumstances.

For there to be negligence, the following elements must be present:

1. The defendant had a duty of care to the plaintiff (a legal obligation to ensure your well-being and the well-being of others)

2. The defendant breached the duty of care

3. The injuries were a direct result of the breach of duty of care

4. The plaintiff suffered economic or non-economic losses

A serious injury attorney can investigate the case and prove all the elements of negligence. Typically, establishing that the defendant had a duty of care is the easy part. For instance, in car accidents, drivers have a duty of care to other drivers.

Establishing whether a duty was breached is a bit more tricky. Courts usually utilize the Hand Formula to evaluate if a breach happened. This rule equates the reasonable burden divided by a reduction of the probability of harm that was caused.

To successfully demonstrate that the breach resulted in injury, either bodily harm or damage to one’s property must occur. 

Demonstrating that the plaintiff suffered losses is easy, particularly if the injury is apparent. The defendant will then have to pay the damages necessary to make the plaintiff whole again.

The Damages You Can Recover

A serious injury attorney is responsible for proving negligence, along with the calculation of how much money the plaintiff lost due to their injury. This helps recover the exact amount required to cover the losses. 

Do note that this process is complex. Every serious injury can affect the individual differently, both financially and physically. This is especially true for injuries that last throughout a person’s lifetime.

For serious injuries, damages may include:

1. Medical costs (including future expenses)

2. Lost wages and income

3. Loss of future earning potential

4. Loss of companionships

5. Pain and suffering

6. Rehabilitation costs

In some cases, you can also seek punitive damages. These damages usually exceed normal compensation and their purpose is to punish the liable party. Talk to your serious injury attorney to check if punitive damages are available - you can usually seek this option if the other party behaved maliciously.

If you suffered your injury at work, you can’t sue your employer for the damages due to protection offered by workers’ compensation.

However, you can still recover damages by filing a claim for: 

1. Workers comp’ benefits - recover monetary damages and receive treatment for your injuries

2. Social security disability - receive compensation if you’re unable to return to your job and can’t find additional employment

Hire The Best Serious Injury Attorney In Florida

Even if your case is as clear as the day and the other person is responsible, the attorney you work with makes all the difference in how much compensation you can recover. 

By working with an experienced law firm, you may even avoid taking the case to trial. A legal professional with experience handling serious injury cases can negotiate with the insurance company on your behalf, and only if the compensation offered is unfavorable will they pursue further legal action.

Law Offices of RITE is your best bet. We’ve got decades of experience handling cases such as yours, and we can help build a strong case backed by evidence that will prove without a doubt the other party is liable for your injuries. 

Call (904) 500-RITE (7483) or send a message to info@rite4justice.com to book a free consultation and take the first step toward seeking justice.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.