Personal injuries happen every day and for a myriad of reasons. Most personal injuries are preventable, meaning accidents can often be avoided if all parties involved are taking care not to be negligent.
Yet personal injuries still occur, leaving many people affected. Some of the ways individuals can be affected include financial strain due to missed work or medical bills and pain and suffering.
If you have been injured in St. Petersburg and the incident was the result of another’s negligence, you may be able to recover your loss by filing a personal injury claim.
Recovering Damages For Your Personal Injury Claim
When filing a personal injury claim in St. Petersburg, it is first helpful to know which type of damages you may be able to recover for your injury.
Damages awarded are grouped into three categories:
- compensatory
- punitive
- general
Most personal injury claim damages awarded are considered compensatory. This simply means that damages are awarded for the purpose of directly compensating a person for their loss due to the injury.
Compensatory damages are awarded based on the type of loss they are meant to cover. Examples include damages for lost wages, medical costs, and pain and suffering.
Punitive damages, or those that punish the negligent party, are rarely awarded in Florida for personal injury claims. To receive punitive damages, a person’s claim must demonstrate both negligence and intent to harm.
Personal injury claims hinge largely on negligence. If your personal injury lawyer can prove negligence on behalf of the at-fault party, you may be entitled to recover your loss through some type of compensation.
Other types of damages awarded in personal injury claims include:
- emotional distress
- loss of enjoyment
- loss of consortium
- wrongful death
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Types Of Personal Injuries
If you or a loved one were recently involved in an accident in St. Petersburg, you may be wondering what qualifies as an injury in order to file a personal injury claim. Injuries go beyond physical harm to include effects on a person’s mental health, future, relationships, finances, and more.
Serious injuries which may result in a personal injury case include:
- back injury
- burns
- bruising or scarring
- damage to spinal cord
- concussion
- dog bites
- traumatic brain injury
- slip and falls
These are the four biggest causes of personal injuries in St. Petersburg:
- Boating Accidents: St. Petersburg’s location near the coast and its proximity to the Gulf of Mexico make it a popular destination for boating and water-related activities. Boating accidents, including collisions, capsizing, or falls overboard, are more prevalent in St. Petersburg due to the high volume of recreational boaters and watercraft traffic.
- Tourist-related motor vehicle injuries: St. Petersburg is a vibrant tourist destination known for its beautiful beaches, cultural attractions, and outdoor recreational activities. The influx of tourists can contribute to unique personal injury risks, such as car accidents at crowded tourist spots, swimming-related incidents, or accidents during recreational activities like parasailing or jet skiing.
- Pedestrian Accidents: St. Petersburg, like many cities in Florida, has high pedestrian activity, particularly in tourist areas and downtown districts. The mix of pedestrian traffic, busy roads, and driver distractions can lead to an increased risk of pedestrian accidents, including crosswalk collisions, hit-and-run incidents, or accidents involving bicycles or scooters.
- Severe Weather-related Injuries: St. Petersburg experiences its fair share of severe weather conditions, including thunderstorms, tropical storms, and hurricanes. These weather events can result in unique personal injury risks such as slip and fall accidents on wet or slippery surfaces, injuries from falling debris, or accidents caused by impaired visibility and hazardous road conditions.
Who Can Be Named As A Defendant?
Determining who is at fault in an accident and if that party has a liability depends on a few factors. First, the type of accident will largely determine whether the opposing party can be held responsible.
Car accident victims in Florida may file a personal injury lawsuit only if their medical costs and loss of income exceed the insurance payout since Florida is a no-fault insurance state.
However, for other types of accidents, a great many factors may contribute to liability. If the party was negligent in any way, a personal injury victim may be able to include that party on their claim as a defendant.
Possible defendants in personal injury claims may include:
- assault/battery perpetrators
- companies/owners: this includes failure to uphold product and property safety standards and failure to train staff properly
- employers: some employers knowingly ignore safety standards, including lack of training and product safety
- reckless/negligent drivers: these include distracted drivers (texting while driving, drunk driving, or erratic driving)
- people related to product safety: anyone who is responsible for producing, marketing, or distributing a product and who knowingly put forth a product that was unfit for use
How To Get Results For A Personal Injury Claim
All personal injury claims depend on whether negligence can be proven, but consideration of negligence differs among states. The concept of “comparative negligence” rules in St. Petersburg and throughout the state of Florida.
This concept holds that for any accident, liability (or who is considered at fault) may be shared. Shared liability does not necessarily mean that an accident victim cannot receive compensation. However, their awarded amount may be reduced if negligence is determined to be shared.
Because of this, defendants and their attorneys may work very hard to prove fault on a claimant’s behalf and may attempt to stretch the truth, as this could result in less money out-of-pocket for them.
Some defendants may point the finger at the victim. Strategies to prove a victim’s negligence can become vicious. Examples include trying to prove drug or alcohol use at the time of the accident, failure to follow safety precautions, or that a product accident occurred due to user error. If they cannot prove your negligence or fault, the defendant may deny their own negligence altogether.
An excellent personal injury lawyer will be ready for these attempts and have his or her own strategy ready to thwart their efforts. Your personal injury attorney should have two goals: holding the negligent party responsible and helping you recover your losses.
Personal Injury Lawyers In St. Petersburg
The personal injury attorneys at the law offices Florin|Roebig have experience litigating these types of claims throughout Florida. In fact, personal injury was the focus of the law firm when it began in 1985.
While our legal team has expanded to cover a number of other types of claims, we still strive to help those injured in Florida get the compensation they deserve. Some of our practice areas include:
- medical malpractice
- motor vehicle accidents
- worker’s rights – worker’s compensation
motorcycle accidents bicycle accidents - defective products
nursing home abuse - slip and fall accidents
- product liability
- property damage
- premises liability
- truck accidents
- hurricane damage
Whether your case can be negotiated out of court, comes to reach a settlement, or must move on to trial, Florin|Roebig attorneys will be with you every step of the way.
We have helped many clients secure thousands of dollars in damages to make amends for the pain and suffering they endured due to another’s negligence. Although we can never guarantee the outcome of a future case, our experience and dedication level serve as proof that we will fight to hold negligent parties responsible and help you secure your losses.
Get Help With Your St. Petersburg Personal Injury Claim
Personal injury claims can take time and patience but may be worth the effort in the end. If you have suffered an injury in St. Petersburg and are in need of legal representation, contact the personal injury law firm of Florin|Roebig.
Our personal injury lawyers can walk you through the process of filing a claim, help you understand possible damages, and discuss the best options for your case. Call today for a confidential free consultation.
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