Personal injury lawsuits arise as a result of a defendant causing physical or emotional harm to a plaintiff. These types of cases can be very complex, as they tend to involve insurance companies, medical experts, and many different areas of the law, which is why it is important to retain the services of a Brandon personal injury lawyer who can help navigate you through the legal process. En Español.
Types of Personal Injury Lawsuits
A plaintiff can be injured in many ways. Some of the most common types of personal injury lawsuits involve:
- Car or other motor vehicle accidents
- Slip and Fall
- Assault and Battery
- Medical malpractice
- Wrongful death
Florida law provides for several other types of personal injury actions, but these are by far the most common. To make claims resulting from any sort of injury, it is important that an individual contact a personal injury attorney in Brandon as soon as possible.
Oftentimes, personal injury lawsuits involve insurance companies. It is important to note that no insurance company, whether it be the plaintiff’s or the defendant’s, acts in the best interest of the insured party. Insurance companies are businesses who seek to turn a profit just as any other business.
Be careful of dealing with an insurance company without a Brandon personal injury attorney because saying the wrong thing to an insurance company could severely damage the amount of recovery available.
Negligence – the Legal Standard
In the large majority of personal injury cases, the defendant’s negligent acts or omissions are the cause of injuries suffered by the plaintiff. In some rare circumstances, the defendant may have acted with the intent to cause harm to the plaintiff – such as in the event of an assault or battery. However, most people in the world do not have such ill intentions.
Negligence is determined by a “reasonable person” test. Courts will generally ask whether a person who was in the defendant’s situation would have acted in the same or a similar fashion as the defendant. People owe each other a duty to behave in a non-negligent manner.
If a defendant behaves negligently, and the result of that negligence causes harm to a plaintiff, then the defendant may be forced to pay the plaintiff for any damages suffered.
In a personal injury case, the person who has been harmed will often be compensated monetarily for damages suffered as a result of the defendant’s actions. An injured plaintiff may receive compensation for:
- Medical bills
- Lost income
- Loss of earning capacity
- Loss of consortium
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Household services
- Permanent disability
An experienced personal injury attorney in Brandon will know how to properly prove these damages and how to calculate the proper recovery.
Contacting an Attorney
Personal injury lawsuits are often taken on contingency. This means that the client does not pay anything unless the lawyer obtains a favorable result. The rewards in a personal injury lawsuit can be substantial. If an attorney decides to take a case, it is likely due to the fact that the client has a high chance of winning.
Only a seasoned personal injury lawyer in Brandon will be able to determine the merits of a case and help you decide whether it is worth pursuing. Lawyers who have experience litigating personal injury lawsuits know how to deal with insurance companies and negotiate in a way to maximize recovery for clients.
If you or a loved one has been involved in an accident and suffered harm as a result, it is essential to seek out the legal advice of an experienced Brandon personal injury attorney.