We’ve been providing personal injury legal services to the Sarasota and Tampa area for years, but every once in a while it is good to take a step back and revisit the basics. In this blog we will take a look at the basics of personal injury law, and define what types of cases fall under the umbrella.
Legally, a personal injury is an injury to the body, mind, or emotions caused by another party’s negligence, or failure to exercise reasonable care.
Personal Injury Cases
Every individual living in society has a responsibility to act with a level of care which will not put other individuals at risk. When a person does not act in a responsible way and another person gets hurt as a result, a personal injury case may be appropriate. When a party is established as acting negligently in a personal injury case, they are responsible for covering the victims expenses which arose from the injury or accident.
Did You Know? While many personal injury cases arise from negligent actions, it is possible that you will need personal injury legal services to counter someone’s intentional actions.
What Cases are Considered Personal Injury?
Common personal injury lawsuits include injury or wrongful death resulting from car, motorcycle and truck accidents, bicycle and pedestrian accidents, slip and fall incidents and drunk driving accidents. Here is a list of cases we often see needing personal injury legal services:
- A car accident caused by a distracted or drunk driver
- Dog bites or attacks from dogs off-leash in public
- Long term medical complications or disabilities resulting from a physician’s medical malpractice
- A patron of a business suffering a slip and fall when conditions were unsafe, such as a spill on a wet floor or a broken tile.
- The death of a spouse or loved one from a negligent driver
When a victim files a personal injury lawsuit and is able to prove the accident and their injuries were caused by the negligence of another party, they typically recover damages for the entirety of costs related to their accident and resulting injuries.
Possible legal damages may include:
- Doctor bills, expenses from hospital visits/stays, prescription medications and projected future treatments
- Travel expenses to and from doctor visits
- costs for physical therapy and rehabilitation services
- Loss of wages due to missed work
- Loss of future earning potential
- Property damages, such as replacing a vehicle which has been totaled
- Pain and suffering damages, including PTSD or emotional distress resulting from the accident
- Punitive damages designed to punish the negligent party in order to prevent the behavior in the future ( such as in the case of a DUI accident)
Calculating Damages for Personal Injuries
Some types of damages are easy to figure out, such as medical expenses and vehicle repairs. Pain and suffering damages are more difficult to calculate with a set formula. To make sure that you are adequately reimbursed for this important aspect of personal injury law, you should consider hiring an experienced personal injury attorney. Not only do they understand what is a fair amount for your damages based upon similar settled cases; they can also more effectively negotiate with savvy insurance companies for the best result.
If you have any questions regarding personal injury legal services in Sarasota or Tampa, call Probinsky & Associates today. We can help you to better understand your case, the law, and the damages you can expect to receive.
