It’s an unfortunate fact that no amount of foresight or diligence can protect a person from all injury scenarios. Every time you drive, shop at the grocery store, or even walk down the road, there’s a chance that you will be involved in a serious accident. If you or someone you love has been harmed by another person’s negligence, our Riviera Beach personal injury attorneys can help you seek the compensation you need to cover healthcare bills and other economic and non-economic damages.
There are all sorts of hurdles you might face on the path toward a fair settlement. And make no mistake—the opposing party will be more than happy to pay you absolutely nothing if they can get away with it. A personal injury attorney can serve as your aggressive advocate throughout the proceedings, helping you overcome the obstacles you will almost certainly encounter while navigating the legal system. To discuss your claim in a free, no-obligation consultation, call us today at 561-299-3999.
What Kinds of Personal Injury Cases Does Donaldson & Weston Handle?
- Elder Abuse
- Auto Accidents
- Collisions Involving Impaired Drivers
- Boating Injuries
- Bike Accidents
- Nursing Home Neglect
- Civil Assault
- Serious Burns
- Motorbike Crashes
- Brain Injuries
- Spinal Cord Injuries
- Pharmacy Errors
- Wrongful Death
- Other Personal Injury Claims
Legal Terms You Should Know Pertaining to Personal Injury Claims
Chances are this will be the first time you’ve had to file a personal injury claim. Even if you’ve been through the process before, each case is unique, so it can feel as though you’ve been thrust into unfamiliar territory. And if your financial security is at stake, that certainly won’t help to quell the anxiety you are feeling about the proceedings.
One potential way to mitigate the stress is to learn everything you can about the claims process and the case law and statutes pertaining to your particular case. While a mastered knowledge of these subjects can only be attained through many years of dutiful study and experience, it is still worth brushing up on your understanding of the relevant terminology so you will have at least a surface-level understanding of the proceedings.
Below are a few legal terms you might encounter:
- Duty of Care: This is a legal obligation to exercise a level of care that an ordinary person would exhibit under the circumstances. For example, the driver of a motor vehicle has a duty of care to follow all traffic laws and to avoid unsafe behaviors. The owner or occupier of a commercial property owes a duty of care to invitees to perform inspections of the premises and to remedy dangerous conditions or to post warnings about such conditions within a reasonable timeframe.
- Negligence: When one party breaches the duty of care owed to another party, this is considered “negligence.” Most personal injury claims are brought on the basis of negligence.
- Causation: To win a tort case, it must be shown that the tort was the proximate or actual cause of the injury, death, or loss. This is called proving “causation.” Even if there is sufficient evidence to prove that the defendant was negligent, an award of damages will not be obtained unless it can be proven that the negligence was the proximate or actual cause of the injury, death, or loss. The defendant might dispute causation, for example, if the plaintiff had a pre-existing injury. In this scenario, the defendant might assert that the damages being claimed were caused by the pre-existing injury and not by the tort. To counter such a dispute, your Riviera Beach personal injury lawyer might use the following evidence: your medical records from before and after the injury, deposition from your treating physician(s), video footage of the accident, photos of the scene, and deposition from various medical experts.
- Economic Damages: There are many kinds of direct financial costs that might stem from a serious accident. Examples include property repairs or replacement, medical bills, lost income, home and vehicle modifications, transportation to and from medical appointments, and child care. These objectively verifiable expenses are called “economic damages.” Depending on the circumstances, it may be possible to pursue economic damages that have already been incurred as well as those that are reasonably certain to be incurred in the future such as anticipated medical expenses and loss of future income.
- Non-Economic Damages: While economic damages refer to the objectively verifiable financial losses arising from an accident, non-economic damages encompass the subjective consequences of an accident. In the state of Florida, accident victims may be able to obtain compensation for the following non-economic damages: pain and suffering, emotional distress, and loss of life enjoyment. The spouse of the injured party may also be able to bring a claim for loss of consortium, which encompasses various non-economic damages that might be incurred by the spouse such as the loss of affection, comfort, sexual relations, solace, and fellowship.
- Punitive Damages: Some torts involve egregious behavior that constitutes intentional misconduct or gross negligence. In these cases, it may be possible to obtain punitive damages in addition to compensatory damages (i.e. economic and non-economic damages). Punitive awards are intended to punish the defendant and to deter similar transgressions from happening again in the future.
- Failure to Mitigate Damages: One way the defendant might dispute your claim is to argue that you have failed to mitigate your damages, meaning that you have not taken reasonable steps to minimize your healthcare costs and other losses. You might face such a dispute if you have ignored your doctor’s orders or participated in activities that were likely to aggravate your injuries or to prolong your recovery.
Call 561-299-3999 for a Free Consultation with a Riviera Beach Personal Injury Lawyer
There’s no charge for the consultation, and if you hire us for legal representation, you won’t have to pay any attorneys’ fees unless we win a settlement or trial verdict. Call our personal in jury attorney at 561-299-3999 or send us a message to speak with one a personal injury attorney in Riviera Beach, Florida.