Types of Personal Injury Claims in Orlando, Florida

Personal injury is a large practice area encompassing a wide variety of claims, many of which overlap with other types of claims – such as wrongful death, medical malpractice, and workers’ compensation.

When the parties responsible include large companies or government entities, obtaining the compensation you deserve can be a daunting process. Understanding the different types of personal injury claims can help you in knowing where to start; however, because each case has a unique set of circumstances, it is best to consult with an experienced personal injury lawyer in order to gain a clearer understanding of your rights.

Most personal injury claims fall into the following major categories:

Transportation Accidents

This is one of the most common causes of personal injury, including:

Car accidents
Truck accidents
Motorcycle accidents
Bus accidents
Pedestrian accidents

Depending on who is involved, the claim process can be quite different. For example, car accidents typically involve the at-fault individual’s insurance company, meaning claims do not always reach court. In contrast, a bus accident may require suing a government entity – meaning you have a shorter amount of time to take action, and must follow a different set of procedures in comparison to other lawsuits.

Work-Related Injuries

Each year, thousands of people in the United States require medical treatment for injuries incurred at their place of work. Employers have an obligation to keep their working environments safe in order to prevent work-related injuries due to premises liability or other foreseeable variables. If an employer fails to take necessary precautions, they can be held liable for negligence or wrongdoing.

Workers’ compensation is an insurance system set up to provide wage replacement and medical benefits to employees who are injured on the job. The specific benefits vary according to which state you’re in, making the claims process slightly different in each situation. Because workers’ compensation is a no-fault insurance system, it doesn’t matter who is directly responsible for the injury you sustained. If it occurred at your workplace, or while you were on the job, you are entitled to compensation.

To make sure your workers’ compensation claim payout is not unduly minimized, be sure to consult with an experienced workers’ compensation attorney.

Premises Liability

Property owners have a responsibility to keep their premises in safe condition to reduce the risk of injury to public users. Whether it’s a business, a parking garage, or a public sidewalk, property must have adequate security and regular maintenance in order to prevent danger to public users.

When individuals suffer injury or illness because of a property’s dangerous condition or negligent security, they may be entitled to compensation from the property owner. If an individual is harmed by the actions of a third party while using the property, inadequate security measures can be cited, causing premises liability claims to overlap with assault claims. This area of premises liability law is sometimes referred to as “third party premises liability,” and cases of this nature can become highly complex.

Product Liability

Another large area of personal injury law is product liability, which includes injuries caused by:

Defective drugs
Medical devices
Toys
Various equipment

Many car accident claims also involve product liability, since the accident is sometimes caused by vehicle defects. In a similar vein, toys marketed for children can pose a significant threat when they are not properly screened or tested in advance.

Every manufacturer is responsible for testing their products for safety. When this responsibility is compromised, injury or even death can result – especially in the case of medical devices and defective drugs.

Medical Malpractice

Medical malpractice lawsuits are an increasingly complex area of personal injury law. Frivolous lawsuits can constantly interrupt and stymie otherwise committed physicians and hospitals. However, cases with merit can be an essential method of protecting patients’ rights, improving policies, and preserving the integrity of the medical profession.

Types of personal injury claims due to medical malpractice are:

Misdiagnosis
Wrongful death
Birth injuries
Surgical errors
Hospital negligence

When health care providers fail to offer proper care to patients, their negligence can result in catastrophic injury, illness, or death. However, proving the cause of the injury or death can often be a complicated process, requiring a medical malpractice attorney who is well-versed not just in law, but in medicine itself, and the different ways that treatment can go wrong.

If you have further questions about personal injury claims, or would like to consult an experienced personal injury attorney in Florida, please visit the website of Michael Barszcz, M.D., J.D., serving the Orlando area.

 

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