A personal injury accident can leave a victim with physical injuries, emotional trauma, and financial hardship. When the negligent or wrongful conduct of another party caused or contributed to a personal injury accident the law allows an injured victim to pursue compensation from the at-fault party. If you were injured in an accident, it helps to better understand what constitutes a “personal injury” accident because you could be entitled to compensation for the physical, emotional, and financial injuries you suffered.
At Malik Law, our Orlando personal injury attorneys have a wealth of experience and resources available to help injured victims recover compensation for injuries sustained in a personal injury accident. We look forward to reviewing the facts and circumstances that contributed to your injuries or loss (in the case of a fatal accident) and explaining your legal options to you. Contact our experienced Orlando personal injury accident attorneys at Malik Law today by calling 407-500-1000 to find out how we can help you recover compensation for your injuries and suffering.
Types of Orlando Personal Injury Accidents
Although we commonly use the word “accident” when someone is injured, the cause of those injuries is often not, in fact, an accident. All too often, injuries could have been prevented, making an “accident” not truly an accident. While there are an infinite number of scenarios that can lead to a legally actionable personal injury accident claim, some common Orlando personal injury accidents include:
- Car accidents
- Motorcycle accidents
- Swimming pool accidents
- Amusement park accidents
- Premises liability accidents
- Birth injuries
- Medical malpractice
- Defective products
- Slip and fall accidents
- Truck accidents
- Pedestrian and bicycle accidents
- Nursing home abuse and neglect
- Wrongful death
When Is Another Party Liable for Injuries in an Orlando Personal Injury Accident?
Personal injury accidents fall under the area of the law referred to as “torts” which allows an injured victim to seek compensation for injury to his/her person or property. There are three different types of torts, each of which can serve as the basis for another party to be held legally liable for injuries. The three types of torts are:
- Negligence. Most personal injury lawsuits are based on the negligent acts or omissions of the defendant. In legal terms, proving negligence requires an injured victim to first prove that the defendant owed a legal duty of care to the victim. For example, a motorist on a public roadway or the owner of a public restaurant owes a duty of care to other motorists and diners, respectively. A victim must then prove that the defendant breached that duty of care, causing or contributing to injuries suffered by the victim. A motorist driving while under the influence or while distracted, for instance, is a breach of the duty of care owed to other motorists. Likewise, a restaurant owner who failed to address known hazards on the premises breached the duty of care owed to diners at the establishment.
- Strict liability. Strict liability torts are not based on any intentional acts or omissions of the defendant. Under certain circumstances, a defendant can be held liable based on the victim’s injuries alone. Product liability (defective products) is an example of a strict liability tort. If a defective product injures a consumer, anyone in the “chain of distribution” may be held accountable.
- Intentional. As the name implies, intentional torts are based on the wrongful intentions of the defendant. Assault, for instance, can be both a criminal offense and form the basis of a personal injury lawsuit based on the intentionally wrong conduct of the defendant.
What Are the Steps in an Orlando Personal Injury Case?
Being injured or losing a loved one in a personal injury accident can be a traumatic event. Along with trying to heal physically and emotionally as well as deal with the financial impact of the accident, a victim is faced with trying to navigate an unfamiliar legal system. Having the guidance and assistance of an experienced Orlando personal injury attorney is the key to successfully pursuing compensation in a personal injury case. It helps, however, to have some idea of what to expect as the victim in a personal injury lawsuit. While every case is unique, the following are some common steps in an Orlando personal injury case:
- Consultation with an Orlando personal injury attorney. The first step in determining if you have a compensable personal injury case is consulting with an experienced attorney who will evaluate the facts and circumstances of the accident and advise you of your legal options.
- Medical evaluation and treatment. If you have not yet had a complete medical evaluation, your attorney will likely direct you to have one done. From there, you will follow recommended treatment based on your injuries.
- Accident investigation. While you are focused on healing, your attorney will conduct an investigation of the accident aimed at proving who was at fault and why.
- Contact with the at-fault party. Your Orlando personal injury attorney will handle all contact and communications with the at-fault party or parties. When it appears that you have reached maximum medical improvement, your attorney will discuss the likely value of your case and approach the at-fault party (or their insurance company) with a demand for compensation.
- Negotiation of settlement. Your attorney will attempt to negotiate a favorable out-of-court settlement that fully and fairly compensates you for all your injuries.
- Filing and litigation of lawsuit. If an out-of-court settlement is not possible, your attorney will file a lawsuit against the at-fault party and advocate on your behalf throughout the subsequent litigation.
What Compensation Am I Entitled in an Orlando Personal Injury Lawsuit?
An injured victim may receive compensation for both economic and non-economic injuries in a personal injury lawsuit. Economic damages are aimed at compensating a victim for out-of-pocket expenses such as medical bills and lost wages while non-economic damages represent the subjective injuries a victim suffers, including things such as pain, suffering, and disfigurement.
If you lost a family member in a fatal Orlando personal injury accident, you may also be entitled to compensation as a claimant in a Florida wrongful death lawsuit.
Get Help from Orlando Personal Injury Accident Attorney
A personal injury accident can leave a victim with life-long physical and psychological injuries. When another party (or parties) caused or contributed to the accident, they should be held accountable, and the victim should be justly compensated. Having an experienced Orlando personal injury attorney from Malik Law on your side is the key to accomplishing both of those goals. Let us utilize our considerable resources, extensive experience, and unwavering commitment to helping you if you were injured in an Orlando personal injury accident. Call us at 407-500-1000 or submit our online form today. One of our experienced Orlando personal injury accident attorneys will explain your rights to you and discuss your legal options at no cost.