Personal injury cases are one of the most common categories of claims brought in Florida courts, and this umbrella category encompasses a wide variety of claims. The most common types of personal injury claims are those involving accidents on the roadways, either in a car, truck, motorcycle, bicycle, or as a pedestrian.
Workers’ Compensation Claims
Many other types of cases are also personal injury claims. Worker injury claims are personal injury claims that arise either in the workplace or during the performance of employment duties. Unless there is intentional conduct involved, such cases are handled through the workers’ compensation system, a no-fault insurance system established to provide medical benefits and lost wages to employees injured at work.
Premise Liability Claims
Premises liability claims are another category of personal injury actions. These claims, sometimes referred to as “slip-and-fall” claims, arise when the owner of a property breaches the duty owed to those who visit that property, and damage results. Typically, slip-and-fall injuries occur as the result of uneven or unbalanced floors or parking lots, poorly lit hallways, parking lots, or stairs, slippery floors, stairs, or exterior, walkway obstructions, and severe weather. Premise liability claims can also arise when people are injured at the home of another, due to unreasonably dangerous conditions.
Product Defect Claims
Product liability claims are another significant area of personal injury cases. These types of claims are brought as a result of injuries sustained due to design defects, manufacturing defects, and failure to warn. Damages incurred due to defective medical devices or drugs, defective toys or safety equipment, and as is often in the news lately, defective batteries, can be sought from the manufacturer, retailer, and any other responsible party.
Wrongful Death Claims
Claims for wrongful death are personal injury actions brought by the family of the victim, who died because of the alleged negligent or intentional misconduct. The Florida Wrongful Death Act allows compensatory and non-economic damages to be recovered by close family member, and economic damages to be recovered by the estate.
Medical Malpractice Claims
Medical malpractice claims are the final major area of personal injury law; one subject to many different complexities than the other types of personal injury claims. Expert testimony is usually required to establish the standard of care for the medical professional at issue, and the need for additional expert testimony on the damages is also often required. Many Orlando attorneys specialize in medical malpractice, because of all the unique rules, requirements, and practices.
There are other less common types of personal injury claims, such as those arising from workplace disease, like asbestosis, or the hybrid of a product liability and medical malpractice claim, when a faulty medical device causes injury to a victim. Generally speaking, however, these are the majority of different personal injury claims Orlando residents find themselves bringing against those responsible for their injuries.