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There is always the danger or risk of accidents or injury wherever we go. Given this situation, it is important to be knowledgeable about personal injury claims that can help ease the pain and suffering of such incidents.
Personal injury cases are used for victims to compensate and recover from accidents or injuries caused by negligence, recklessness, or other liabilities. However, a personal injury attorney can’t always build a case for every accident or damage to qualify for compensation.
If you are around the Boca Raton, FL area, here is a quick introduction to the personal injury law and how Boca Raton personal injury attorneys can help your case.
What Constitutes A Personal Injury in Boca Raton?
The possibility of accidents and injuries is present all the time, even if we strive to be the safest as we could be in Boca Raton. However, not every injury can be raised to court and claimed to be a personal injury in front of Boca Raton personal injury attorneys. To help you understand better, we will provide you with a comprehensive definition of personal injury and identify where a personal injury claim is applicable in various cases.
Personal injury is a term legally used to refer to harm suffered by an accident or injury where a different individual can be claimed responsible for such harm. A personal injury claim is applicable for any injury or damage experienced caused by negligent or reckless behavior, intentional action, or activity covered by strict liability such as traffic offenses and statutory rape.
The purpose of personal injury claims is for the person or the insurance company of the supposed responsible individual to pay for the victim’s immediate medical bills, ongoing medical expenses, as well as other forms of pain and suffering experienced.
Before coming to a Boca Raton personal injury attorney, knowing that your case works with a tort claim is better. For a more detailed discussion about personal injury, here is a brief explanation of how personal injury laws apply for the following cases:
Physical, Mental or Reputational Injury
This type of personal injury claim refers to cases where harm or damage is inflicted to an individual’s physical, mental, or reputation.
Wrongfully Caused
A wrongfully caused personal injury case refers to an incident where a particular person or entity is responsible for ensuring that you do not get harmed or injured. The claim aims to prove that wrongful conduct by the individual responsible led to the accident.
There are different degrees of wrongful conduct that the law specifies in determining their responsibility for the liability:
Negligence pertains to the responsible individual’s carelessness or lack of consideration leading to the accident, while recklessness refers to actions done with total or utter disregard to the victim’s safety. Intentional injurious acts specify an intention to cause harm or injury but with the possibility of recovery.
On the other hand, injuries or harm wrongfully caused by defective products are under strict liability. The law foregoes the angle of wrongful behavior but instead presumes responsibility because the victim was injured or harmed while using the product.
Compensable Damage
Compensable damage claims refer to cases where the injuries suffered are considered minor or negligible. Regardless, compensation for the damage sustained, such as medical expenses, lost wages, and pain, can still be raised to a lawsuit.
Long Term Disability
Long-term disability claims cover bodily injury as well as both economic and non-economic damages. LTD qualifiable conditions include bodily injuries such as:
- Paralysis
- Sciatica
- Dementia
- Multiple sclerosis
- Epilepsy
- Alzheimer’s disease
- Parkinson’s disease
- Bell’s palsy
- Amyotrophic lateral sclerosis (ALS)
- and more
Aside from these injuries and diseases, LTD insurance can provide economic support and cover the time you are unable to work because of the accident or injury.
Common Causes of a Personal Injury Case
Applying for a personal injury claim in Boca Raton can be confusing if you don’t know if your injury or specific case qualifies for one. Before hiring Boca Raton attorneys to defend your case, learn more about the most common causes of a personal injury case.
Auto accidents
Reckless and negligent driving often results in untoward incidents such as rear-end collisions, distracted driving, and drunk driving accidents. Various types of vehicular accidents such as car, bus, motorcycle, bicycle, and even pedestrian casualties are suitable for personal injury claims.
Slip and Fall
This common cause of personal injury involves injuries that are caused by unsafe conditions on a property or premise. Such hazardous conditions include poorly maintained grounds, subpar or improper safety railings, unmarked hazards, slippery floors, uneven pavements, and other premise-related liabilities.
Medical Malpractice
Medical malpractice refers to any injury or harm resulting from a mistake done by a medical professional or practitioner. Medical malpractice claims can be a simple negligence case on the doctor or medical staff or as serious as wrongful death or long-term disability due to spinal cord injury or soft tissue injury.
Product Liability
It is safe to assume that products sold to the public are supposed to be safe to use or consume. Manufacturers are under strict liability if defective products reach the market and bring harm or injury to people.
Brain Injury
Harm resulting in brain injury is considered one of the worst injuries an individual can sustain. While some brain injury symptoms can be observed immediately, others manifest subtle or mild head or brain damage signs.
False Accusations—Defamation of Character by Libel or Slander
Instead of physical or bodily injury, defamation in the form of slander, false accusations, or libel is a deliberate attack on an individual’s reputation. Harm such as financial loss should be proven in court to justify a defamation claim.
How Can A Personal Injury Attorney in Boca Raton Help You?
If you find yourself in situations that may call for a personal injury case, hiring Boca Raton attorneys specializing in such lawsuits can ensure that you and your suit are heading in the right direction. Personal injury attorneys in Boca Raton FL would be experienced in investigating your situation and building up a case that would earn you the compensation you need.
Throughout the lengthy process, personal injury attorneys will assist in the investigation of claims by gathering evidence that will solidify your case. As preparations for your case hearings, your attorney would be sending demand letters while reviewing your case before presenting it at trial. Lastly, your attorney would also be the one to negotiate with the insurance companies to help you get faster compensation.
| Types of Compensation in a Personal Injury Case | |
|---|---|
| Special Compensatory Damages | Also referred to as “economic damages,” this type of compensation reimburses victims for expenses you would have to pay for or lost because of the accident. This includes medical expenses, lost wages, property damages, etc. |
| General Compensatory Damages | This is directed as compensation for unquantifiable damages such as pain, suffering, loss of companionship and enjoyment, as well as inconvenience. |
| Wrongful Death Damages | Compensating for a wrongful death includes both special compensatory and general compensatory damages. Surviving family members of the victim reimbursements and compensation for funeral costs, medical bills, loss of companion, emotional distress, and suffering. |
| Punitive Damages | Punitive damages are granted for cases where the court deems that compensation is insufficient to keep the responsible party from committing the same mistake. This is to establish a heavier sense of responsibility and set an example for other individuals or organizations from doing the same thing. |
The goal of a personal injury lawyer is to protect anyone that has been injured by malpractice, negligence, inaction, or the careless actions of another party. If you’re dealing with a personal injury case, contact Diamond & Diamond Miami today!
Did you know?
“Your knowledge of the difference between catastrophic and non-catastrophic injuries could help you claim what’s rightfully yours in personal injury cases.”
– Diamond and Diamond Miami
Get In Touch With a Personal Injury Attorney Serving Boca Raton
Personal injury attorneys are there to help you receive the justice that you need against damages to your physical, mental, and social state. If you ever sustained an injury or got in an accident in Boca Raton FL, Diamond & Diamond’s personal injury attorneys are ready to help you seek proper compensation for your case.
To learn more about our personal injury law services or set up a free consultation, contact us today, and let’s talk.
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