If you’re injured by someone else’s negligence, you face the long and challenging path toward recovery. But you don’t have to go it alone — the Scarfone Auto Accident and Personal Injury Attorneys put a local Boca Raton injury lawyer in your corner.
Florida personal injury law addresses negligence-based claims like yours, allowing you to seek compensation that fairly covers your full range of related losses in pursuit of your most complete recovery. While the road forward will be difficult, having the compensation you are entitled to can help considerably.
If you or someone you love has been injured by the negligence of another, it’s time to consult with an experienced Boca Raton personal injury attorney.
Your Personal Injury Claim: Common Categories
Personal injury claims and lawsuits are based on the negligence of the at-fault party. While every personal injury claim is distinct, most fall into one of several basic categories.
One of the most common categories of personal injury claims is traffic accidents, which can include all the following:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Rideshare accidents, including both Uber and Lyft
- Bike accidents
- Pedestrian accidents
There are also specific varieties of traffic accidents to consider, including:
- Hit-and-run accidents
- DUI Accidents
- Rear-end accidents
- Head-on accidents
- T-bone accidents
Traffic accidents are generally predicated on driver negligence, which can take any of the following life-threatening forms:
- Distractions, involving drivers who allow their attention to wander to anything other than driving safely
- Excess speed, which increases the risk that an accident will happen and increases the risk that the accident in question will prove deadly
- Impairment, which includes driving under the influence of alcohol or drugs and is an exceptionally risky driving practice
- Exhaustion, which can lead to impairments that are similar to those experienced by drunk drivers
- Aggression, which is engaging in multiple forms of overtly dangerous driving practices at any given time
Traffic accidents are some of the most common causes of catastrophic injuries that lead to life-altering consequences.
Premises Liability Claims
Premises liability claims are claims generally based on the negligence of property owners or managers. Common examples include slip and fall accidents and dog bites.
Slip and Fall Accidents
When you go about the business of your life, you spend a considerable amount of time in shops, grocery stores, restaurants, medical facilities, and more. In the process, you take your safety for granted.
When property owners fail to live up to their responsibility to the safety of their guests, dangerous occurrences like slip and fall accidents can happen.
The essential elements of slip and fall claims include:
- The property owner had a responsibility to your safety, and this is generally true as long as you aren’t on the premises illegally.
- The property owner breached the duty of care owed to you by failing to maintain the premises at the same safety standard that other reasonable property owners maintain in similar situations.
- The property owner’s lapse in care was the direct or proximate cause of your slip and fall accident.
- You suffered losses that are addressed by the law as a result.
Slip and fall accident injuries are often the result of the following:
- Poorly maintained or poorly lit outdoor walkways
- Uneven entrances or transitions from space to space
- Overly slippery flooring
- Dangerously worn floor coverings
- Spills that aren’t cleared away in a timely manner
- Slippery debris that is allowed to collect on indoor or outdoor walkways
Dog owners are responsible for protecting the public from their pets. While some states allow dog owners more leeway, Florida holds dog owners responsible for any bite injuries. This is true even when the pet owner had no concrete reason to believe their dog was aggressive in the first place – as long as the following apply to the injured party:
- They were on the premises legally.
- They were not provoking the dog.
Nursing Home Abuse
Nursing home abuse can take the form of physical abuse, emotional abuse, forced isolation, and beyond, and is an especially egregious form of personal injury.
Nursing home abuse claims are based on intentional harm, which goes beyond basic negligence. The residents of nursing homes are dependent upon those who provide them with care, which leaves them extremely vulnerable to both negligence and abuse.
Medical malpractice claims are very similar to personal injury claims, but they are based on the medical professional or medical facility’s failure to provide the same level of care that other medical professionals afford in similar situations.
Common examples of medical malpractice include:
- Failure to diagnose
- Incorrect lab results
- Surgical errors, such as operating on the wrong body part
- Inadequate aftercare
- The wrong medications
Wrongful Death Claims
Wrongful death claims are also similar to personal injury claims in that they apply when the injured party succumbs to the injuries they suffer due to the at-fault party’s wrongdoing.
The injured party who endures the fatal injury is known as the decedent, and a representative of their estate seeks compensation on behalf of their survivors. Wrongful death claims require careful consideration, which makes working closely with a respected Boca Raton personal injury firm in your best interest.
Seeking Compensation for a Personal Injury in Boca Raton
If you or someone you love has been injured by someone else’s negligence, you’ll likely seek compensation by filing a personal injury claim with the at-fault party’s insurance provider.
For example, if you’re injured in a car accident caused by a distracted driver, you’ll seek compensation that covers your physical, financial, and emotional losses by filing a car accident claim with the distracted driver’s car insurance provider.
The categories of losses covered fall into several basic categories.
The medical bills associated with being injured by someone else’s negligence can pile up quickly, and if your injuries are serious, you may face long-term healthcare needs. Further, serious injuries are more susceptible to complications and secondary medical concerns that lead to more extensive medical costs. The kinds of medical expenses that are common to personal injury claims include:
- Emergency treatment and care
- Surgery and aftercare
- Hospitalizations and care from medical staff
- Medical treatments, procedures, and tests
- Care from doctors and other medical professionals
- Physical and occupational therapy
- Chiropractic care
- Pain management
- Prescription medications
If you’re injured, you’ll likely need to take time off from work while you recover, and the attendant loss in income – in the face of mounting medical costs – can be financially devastating. However, there is more to this category of loss than your immediate financial losses.
Consider the following:
- If your ability to earn at the same level or to continue advancing your earning potential is curtailed, it can lead to long-term financial losses.
- If you are unable to continue performing your job, the associated financial loss can be overwhelming.
- If your career’s forward trajectory is thwarted, it can be financially as well as emotionally challenging.
Our careers tend to support our sense of self, which can make losses in this arena that much more difficult.
Physical and emotional pain and suffering
While the other categories of loss you experience can be readily equated with a financial value, your physical and emotional pain and suffering is less concrete – but just as important as your ability to regain your overall health and well-being.
Being injured by someone else’s negligence can elicit immense physical pain, but there is often a strong emotional component that can stand in the way of your recovery.
Accident victims can experience PTSD-like symptoms that interfere with their ability to heal and can include psychological responses like the following:
- Terrifying accident flashbacks
- Emotional lability
- Increased anxiety that can lead to panic attacks
- Depressive episodes
- Insomnia and other sleep disturbances
- Difficulty concentrating
One of the most painful consequences of these emotional damages is that they can serve to alienate family members and loved ones just when their support could be most beneficial.
If you are injured in a traffic accident, you can seek compensation for any damage to your car, bike, motorcycle, or truck – along with any damage to the contents of your vehicle.
Protecting Your Personal Injury Claim
Your personal injury claim will be unique to the accident that caused you to be injured, but we have several tips that are universally beneficial to our claimants.
Recognize the insurance company’s position
Yes, it is true that the insurance company handling your claim is paid specifically for this purpose, but it’s just as true that it is in the business of making money and will do what it can to minimize your settlement.
Retain a dedicated personal injury attorney early in the process
Having a seasoned personal injury attorney in your corner from the outset can make a significant difference in your ability to fully recover on your complete range of losses.
Avoid making a statement
The insurance company is invested in obtaining a statement from you that it can twist to undermine your claim. You are not required to provide them with a statement, and it’s in your best interest to leave this task to your accomplished Boca Raton personal injury lawyer.
Don’t post on social media
The insurance company considers your social media as nothing more than statements that can be rebranded to support their position.
Follow your doctor’s advice
Even if you don’t think the accident in question caused you to suffer serious injuries, it is always in your best interest to be safe rather than sorry. Another important step you should take in terms of both your health and your personal injury claim is carefully following your doctor’s advice and instructions throughout the recovery process.
Contact a Boca Raton Personal Injury Attorney for Help
At Scarfone Auto Accident and Personal Injury Attorneys in Boca Raton, Florida, we have a skilled lawyer in Rocco Scarfone ready to help with your injury claim. He’s well-equipped to skillfully advocate for your legal rights. Our team will pursue the highest amount of compensation available to support your recovery. Learn more — pick up the phone and call Scarfone at 754-465-0874, or contact us online to request a case consultation.