There are many different types of personal injury cases. Knowing what you need to prove in each case can be difficult, as is knowing exactly the different types of cases involved. This blog will attempt to demystify some of these categories and provide insight into the different types of cases you might face.
Car Accident
What is considered a car accident in Florida?
Car accidents occur when two motor vehicles collide with each other, or when one motor vehicle collides with property, another vehicle, or a person.
How is fault determined at the scene of a car accident in Florida?
Fault is determined by the standard of care. Someone is at fault if they violated the normal standard of care we expect drivers to have when operating a deadly machine. Breaking a law (such as running a stop sign), is a common way to prove a violation of a standard of care. In Florida, there is also an assumption that a driver who hits another driver in the rear bumper is at fault, unless that assumption can be rebutted with evidence.
What goes into a car accident case?
Car accidents cases require careful investigation of the accident scene, and long negotiations with insurance companies. The collection of photographs, car parts and medical bills is also important.
What damages to look at after a car accident?
Car repair bills can be a type of damage, but medical bills are generally the big damage one gets after a car crash. Car crashes can cause lifelong back or neck injuries that need constant treatment.
How do you know if you have a lawsuit or claim after a car accident?
Always call the police, and always get checked out by a doctor. If you find out your have damages, and if the police declares the person that hit you to be “responsible,” “at fault,” or cites the other person, then you should see an attorney immediately. Even if the officer does not note a responsible party, if the other driver hit you in the rear, or was driving erratically, it is still a good idea to see a lawyer.
Bus Accidents
What is considered a bus accident in Florida? What types of buses does this include?
Generally, bus accidents occur when a bus, such as a public transport bus or school bus, finds themselves in an accident, with property, a person, or another vehicle.
How is fault determined at the scene of a bus accident in Florida?
Fault is similar to normal car accidents. Fault is determined by the standard of care. Someone is at fault if they violated the normal standard of care we expect drivers to have when operating a deadly machine. Breaking a law (such as running a stop sign), is a common way to prove a violation of a standard of care. There is also a chance to prove a violation if the driver was not following normal safety protocols outlined in their driver handbook.
What goes into a bus accident case?
In a similar fashion to car accidents, these cases require careful investigation of the accident scene, and long negotiations with insurance companies. The collection of photographs, car parts and medical bills is also important. Because bus accidents are commonly public, it is also important to work with the laws relating to sovereign immunity.
What damages to look at after a bus accident?
Like car accidents, it is important to look at repair and medical bills after an accident.
How do you know if you have a lawsuit or claim after a bus accident?
Like car accidents again it is important to call the police, and always get checked out by a doctor. If you find out you have damages, and if the police declares the person that hit you to be “responsible,” “at fault,” or cites the other person, then you should see an attorney immediately. Even if the officer does not note a responsible party, if the other driver hit you in the rear, or was driving erratically, it is still a good idea to see a lawyer.
Truck Accident
What is considered a truck accident in Florida?
A truck accident is an accident that occurs when a truck damages property, people, or another vehicle.
How is fault determined at the scene of a truck accident in Florida?
In a similar manner to bus and car accidents, fault is determined by the standard of care. Someone is at fault if they violated the normal standard of care we expect drivers to have when operating a deadly machine. Breaking a law (such as running a stop sign), is a common way to prove a violation of a standard of care. You may be able to prove this violation by that the items packed on the truck were packed incorrectly, that the maintenance on the truck was not kept up, that the driver did not take adequate breaks, or that the driver did not follow federal law or the truck company’s own rules.
What goes into a truck accident case?
In a similar fashion to car accidents, these cases require careful investigation of the accident scene, and long negotiations with insurance companies. The collection of photographs, car parts and medical bills is also important. It is also important to check the virtual driver’s log, which will keep a record of the driver’s actions, and rest through their trip.
What damages to look at after a truck accident?
Like car accidents, it is important to look at repair and medical bills after an accident.
How do you know if you have a lawsuit or claim after a truck accident?
Like car accidents again it is important to call the police, and always get checked out by a doctor. If you find out you have damages, and if the police declares the person that hit you to be “responsible,” “at fault,” or cites the other person, then you should see an attorney immediately. Even if the officer does not note a responsible party, if the other driver hit you in the rear, or was driving erratically, it is still a good idea to see a lawyer.
Bicycle Accident
What is considered a bicycle accident in Florida? Do injuries have to be present?
A bicycle accident is usually a situation where a vehicle hits a person using a bicycle. In some cases, it can occur when two bikers collide with each other, but this is less common. Injuries do not have to be present, but injuries would be the only reason you would sue.
How is fault determined at the scene of a bicycle accident in Florida? Can bicyclists be liable?
Fault is determined in a similar manner to other accidents. The question is whether the driver who caused the injuries was acting with reasonable care. The bicyclist can be at fault for the accident like anyone else, if they were not following the rules of the road for example, but it is unlikely a bicyclist would be sued in a vehicular accident because it is unlikely the bicycle could cause substantial damages to persons inside a motor vehicle.
What goes into a bicycle accident case?
In a similar fashion to car accidents, these cases require careful investigation of the accident scene, and long negotiations with insurance companies. The collection of photographs, car parts and medical bills is also important. It is also important to collect the bicycle itself.
What damages to look at after a bicycle accident?
Like car accidents again it is important to call the police, and always get checked out by a doctor. If you find out you have damages, and if the police declares the person that hit you to be “responsible,” “at fault,” or cites the other person, then you should see an attorney immediately.
How do you know if you have a lawsuit or claim after a bicycle accident?
The duty of care still applies here. If you as the bicyclist had the right of way and was hit by a vehicle, there is a good chance the driver was not properly exercising their duty of care.
Boat Accident
What is considered a boat accident in Florida? Can boat accidents happen on land if transporting the boat?
Boat accidents occur when a boat being operated damages property, persons, or other vehicles on the water. Unless said boat is amphibious in nature, boat accidents do not happen when a vehicle transporting a boat collides with something on land.
How is fault determined at the scene of a boat accident in Florida?
The duty of care also applies to boats. There are numerous rules when driving a boat on the water, and certain areas of the bay have speed and wake limits. Failing to follow boating rules and failing to yield to other boats could be seen as a breach of the duty of care.
What goes into a boat accident case?
Boat accidents can be difficult because evidence may sink or float away at the scene of the accident. Still, there are similarities with land accidents, in that as many photos and as much evidence should be collected. Negotiations with insurance companies must also be completed. Unlike car accidents, there may not be many witnesses to a boat accident.
What damages to look at after a boat accident?
Damages to property, life, and your body are common in boat accidents. Always get checked out by a doctor after such an accident.
Do you call 911 for a boat accident? Or is there a different number?
You should call 911 if you are in a boating accident and report the accident as well as any injuries.
How do you know if you have a lawsuit or claim after a boat accident?
Like car accidents, drivers of boats must exercise reasonable care. If you found that the other driver hit you, or was driving erratically, or broke any laws, you likely have a good case.
Dog Bite
What is considered a dog bite accident in Florida?
Dog bite accidents occur when a dog attacks another person and causes an injury to them.
How is fault determined at the scene of a dog bite in Florida?
Generally, the owner of the dog is assumed to be liable for fault.
What goes into a dog bite case?
It is important to take pictures of the scene of the accident, and any injuries. Generally, the homeowner’s insurance company will cover the damages, so negotiations will still occur with the insurance company.
Does the property affect the case of the dog bite? Like what if you’re at a dog park vs at a friends house?
No, the liability is the same. From an insurance point of view, homeowner’s insurance generally covers negligent dog bites regardless of where they occur, but it is important to check with your insurance company to make sure.
What damages to look at after a dog bite?
Dog bites can cause massive damages to the body, tearing skin and harming soft tissue and muscle. The dog may have also had dangerous diseases. It is always important to go to the hospital immediately after a dog bite.
How do you know if you have a lawsuit or claim after a dog bite?
Unless you purposefully attacked the dog or were trespassing on the land where the dog was, you likely have a case. Dog bites are a strict liability, and you do not need to prove negligence on the part of the owner.
When do you report a dog bite?
Generally, you do not have to report a dog bite, but the doctor you see likely will. Still, it is usually the best practice to report a dog bite to the police immediately after it happens.
Motorcycle Accident
What is considered a motorcycle accident in Florida?
A motorcycle accident occurs when a motorcycle collides with property, a person, or another vehicle.
How is fault determined at the scene of a motorcycle accident in Florida?
Generally, the duty of reasonable care still applies for all persons involved. If someone was found to be violating the law or driving erratically in a way that caused the crash, they could be at fault.
What goes into a motorcycle accident case?
Motorcycle crashes can have horrific injuries, and so much time will be spent collecting data on the victims’ injuries. There will also be time spent on discovery, and negotiations with the insurance companies.
What damages to look at after a motorcycle accident?
Financial injuries are major, but the physical injuries are usually extreme and noticeable.
How do you know if you have a lawsuit or claim after a motorcycle accident?
You know you have a claim when the other person drove erratically, broke a law, or where the police officer has declared the other driver at fault.
Slip and Fall
What is considered a slip and fall accident in Florida?
Slip and fall accidents generally occur inside businesses when they have negligently left liquid on the floor of their business, and a customer slips in that liquid.
How is fault determined at the scene of a slip and fall accident in Florida?
Generally, we ask whether the store conducted itself reasonably, but there are some principles that have developed through case law. Usually, the store is responsible for injuries if they created the spill, knew about the spill, or should have known about the spill, but did not clean it up or warn customers.
If a wet floor sign is present and I slip and fall, is no one liable?
In many cases a wet floor sign can damage your case, but it does not destroy it. First we have to ask whether the sign was actually obvious to customers, and whether customers would know it is referring to the location where the liquid is. Even so, businesses cannot just leave liquids on the floor for ridiculous amounts of time.
What goes into a slip and fall case?
Pictures of the business, business records, employee statements, and camera footage must all be collected to build a substantial case. Long negotiations with insurance companies are also a must, sometimes with large businesses standing behind them.
What damages to look at after a slip and fall accident?
Back, neck, and leg injuries are very common. Always get checked out by a doctor after a slip and fall, even if you feel fine. The pain from real injuries can sometimes not reveal themselves until later.
How do you know if you have a lawsuit or claim after a slip and fall accident?
It can be hard to determine whether you have a claim at the time. However, if you did not see any wet floor signs, you likely have a strong case. If you did it gets harder to determine, but you should still see a lawyer for a consultation if you have expensive injuries.
Do you have a case if you fell at someone’s home?
Yes, but these cases are harder to prove, especially if you are not a business invitee, because homeowners owe less of a duty of care to non-business guests.
Wrongful Death
What is considered a wrongful death in Florida?
A wrongful death occurs when a person perishes due to someone else’s negligence, wrongful act, or other contractual violation.
How is fault determined with wrongful death cases in Florida?
Liability for negligent wrongful death is determined the same way wrongful death is found for car accidents- whether or not the person acted reasonably in their standard of care. If someone had a duty not to harm others, and acted unreasonably in a way that had them violate that duty, they are responsible for that injury.
Certain contractual warranties that are violated can also be enough to prove liability for wrongful death. For example, if a contract guarantees a machine as safe, but that machine kills someone even though the victim was operating it correctly, the manufacturer or designer might be responsible for wrongful death.
Wrongful death may also be caused by intentional acts. The tort of battery for example, might turn into a wrongful death if the person attacked someone in such a way that killed them. Intentional acts that cause a death are usually accompanied by criminal charges as well.
What goes into a wrongful death case?
Wrongful death cases are usually sad affairs. An autopsy of the body is likely to take place, and an investigation of the scene of the accident or crime will occur. Talking to witnesses is a must, and negotiations can be complicated.
How do you know if you have a lawsuit or claim after a death? How can you tell if it was wrongful or not?
Generally, if you feel that the death was wrongful you should see an attorney and see what they find from your recollection of the facts. Wrongful death cases are complicated, and there are many different ways to find fault. An experienced attorney is who you want to contact to determine this fault.
Negligent Security
What is considered negligent security in Florida?
Negligent security is when a business breaches their duty of care to their customers by not providing adequate security precautions, and the lack of security precautions causes the customer to be harmed by crime.
How is fault determined with negligent security in Florida?
Fault in negligent security cases is a complicated subject and controlled under a myriad of laws and regulations. Generally, the question is whether the business should have known or knew about the dangerous condition but did not install and/or train adequate security to protect their tenants or customers.
What goes into a negligent security case?
Negligent security cases require large amounts of legal research, investigation, and analysis to determine exactly what “adequate” security is. They can be a taxing case for an attorney.
What damages to look for with negligent security cases?
The damages that occur during a negligent security issue is simply the damage the crime caused. There are many types of crimes, such as those that cause physical injuries and those that cause financial injuries.
How do you know if you have a negligent security lawsuit or claim?
If a crime was committed against you in an area that was not properly lit, or in an area with a lack of security cameras or without security guards you likely have a good case. Still, even if you did have these elements, it is important to see an experienced attorney to review your case.
Premise Liability
What is considered premise liability in Florida?
A business owner is required to keep their premises repaired and safe for guests. When they fail to do this, and a guest is injured, they can be responsible for their injuries.
How is fault determined with premise liability in Florida?
Generally, whether a business was constructed safely or upkeep safely is a question of reasonableness. A business could be found to be unreasonable if they do not regularly maintain their business or walkways, and that failure to maintain causes an injury to their guests or other visitors.
What goes into a premise liability case?
Photographs of the accident, pictures of the business, maintenance records, employee history, and any rules regarding the functioning of the business must be collected.
What damages to look at with premise liability?
Generally, damages can vary, but physical injuries are very common due to bursting pipes, abnormally balanced walkways, or shelf tips. Always see a doctor if you fall or are injured in business.
How do you know if you have a premise liability lawsuit or claim?
Premise liability cases are complicated, and liability can vary. In most cases, you want to see a lawyer after an accident to have your case evaluated.
What To Do After Any Type of Accident?
1) Check if everyone involved is okay
It is extremely important to take a moment and check your own body. Adrenaline can make injuries seemingly invisible to our minds before it wears off. After that check and make sure everyone else involved in the crash is okay.
2) Don’t leave the accident site
At least not until it’s appropriate to do so. Leaving the site early could make you look like the guilty party. Plus, you will want to give your story to the police.
3) Call the Police
Calling the police will allow you to get an accident report. In addition, it may be illegal not to call them if there are injuries or death.
4) Take a bunch of pictures of the scene
The photographs taken will not only prove that the accident happened but will also show the extent of the damage caused.
5) Acquire all necessary information and contact information of the other witnesses involved
Make sure to get their full name, contact information, insurance company, insurance policy number, driver’s license number, license plate number, and the type, color and model of their vehicle. In addition, note the location of the accident.
6) Get medical assistance ASAP
It is important to get medical assistance as soon as possible after an accident, so that any injuries can be caught early.
7) Contact a personal injury lawyer
It is important to consult with and hire a reputed and experienced lawyer to represent you when you are involved in a car accident. You generally want to do this before you contact your personal insurance company, so you can be informed about what exactly should be said to them.
8) Inform your insurance company about the accident and file a claim
Give them a detailed account of the accident and answer their questions truthfully. Make sure to give them an accurate understanding of your injuries as well.
9) Make sure to keep a record of all of your documents
It is imperative to keep your police report, a copy of your insurance claims, and a copy of all your medical records/bills so that you can show them to your attorney. If your attorney has these documents, they will be able to represent you more effectively.
No matter what type of accident you may find yourself in, it is beneficial to contact an attorney to assist you with your case. An experienced attorney will be able to guide you through the legal process, and make sure you get the justice you deserve. Bulluck Law Group has years of experience working with clients to make sure they get help with their legal issues.
Contact us for a free consultation today, wherein we can determine these issues for you.