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If another person’s negligence causes an accident, the victim is entitled to compensation for their injuries. Where the insurance company or the wrongdoer does not offer a fair settlement, the victim can file a personal injury lawsuit to recover damages from the court or jury. The damages awarded in a personal injury case depend on the extent of the injuries sustained and their effect on the claimant’s daily life. There are many different types of damages divided into special damages, general damages, and punitive damages.
Special Damages
Also referred to as economic or monetary damages, this is the amount awarded for expenses incurred after the injury. They include hospital bills, repair costs, lost earnings during the recovery period, and any other costs associated with canceled plans resulting from the injury. Hospital bills include physical rehabilitation costs and therapy expenses to deal with the emotional trauma caused by an accident. The court or jury can also award damages for lost future earnings and nursing care due to temporary or permanent disability caused by the injury. Special damages must be proven in court before being awarded; hence the claimant must provide documents to show that the expense was incurred or would be incurred in the future.
General Damages Or Non-Economic Damages
These damages are awarded for emotional distress due to the accident. They include pain and suffering, loss of consortium and enjoyment, humiliation, insomnia, and post-traumatic stress. General damages cannot be calculated in monetary terms. Hence courts adopt a ‘pain multiplier’ policy to determine the appropriate remedy. This method involves multiplying the special damages awarded by a number deemed appropriate by the court or jury. Evidence of emotional distress includes psychiatric records and expert testimonies from psychologists or counselors. Family members can also testify on the effects of the injuries in the claimant’s daily lives as witnessed by them.
Punitive Damages
Whereas general and special damages are compensatory, punitive damages are meant to punish the wrongdoer and discourage such action in society. They are awarded at the court's discretion, where the judge or jury feels like compensatory damage isn’t adequate punishment to deter such activity in the future. Under Florida law, it must be proven that the defendant intentionally proceeded with the wrongful act causing the claimant’s injury or was grossly negligent. Punitive damages can be awarded in the following cases:
In auto accident cases where the grossly violated traffic rules or was driving while intoxicated A corporate drug manufacturer knowingly selling drugs with adverse side effectsIn premises liability cases- The property owner was aware of hazardous conditions, such as faulty elevators, deep holes, and staircases without guardrails. In medical malpractice- The surgeons negligently leave operation apparatus leading in the patient’s body.
Truck accidents can cause serious injuries and property damage. Truck accident cases are more complex than regular vehicle crashes, given the different parties who can be held liable for injuries sustained. If you or your loved one has been injured in a truck accident, identifying the right party to recover compensation from will ensure you get what you are legally entitled to. Here are the potential defendants in a truck accident.
The Truck Company
Most truck accident complaints are lodged against the truck company the driver is employed in. The truck company could be held vicariously liable for the driver’s negligent driving if the accident occurred during work hours. Suing the truck company also offers a higher potential compensation, including punitive damages, two or three times more than the compensatory damages.
The Truck’s Manufacturer
The truck manufacturer can be held liable where the truck accident was caused by a defective vehicle part such as faulty brake pads, steering gear, tire defects, and fuel system defects. Manufacturers are expected to conduct proper testing and ensure the vehicle is road-worthy before being availed to consumers. Failure to ensure a high standard of safety is a breach of their obligation thus can be held under strict liability even if they did not know about the defect. The manufacturer can also be held liable for a breach of warranty where the product does not perform as indicated by the manufacturer.
The Truck Driver
The trucker can be held liable if they acted independently of the truck company’s job functions. The driver can also be held liable if they were intoxicated or distracted while driving. Other factors that can make truck drivers be held solely liable were grossly violating traffic rules such as speeding, tailgating, and distracted driving.
The Cargo Loaders
In some cases, a company hires the services of a truck to deliver goods to their customers. If the cargo loaders fail to secure the goods leading to an accident, the company can be held liable for the injuries sustained. However, the claimant must prove a causal link between the negligent cargo loading and the accident. A collision expert may be called upon to give expert evidence on the effect of the unsecured cargo on the accident.
Government Entities
Where the accident is caused by damaged roads that a government entity should maintain, the injured party can recover compensation from the government entity for their negligence.
Conclusion
If you or your family member has been the victim of a truck accident, hiring a personal injury lawyer can help you recover compensation for your injury. The lawyer will investigate the case and gather enough evidence to hold the right parties accountable for your injuries.
Dogs are the most common pets in Florida, with more than 40% of households owning at least one dog. Whereas dogs can be man’s best friend, they can sometimes be unpredictable towards strangers. This is evidenced by the more than one thousand dog bite claims registered each year in Florida. Dog bite claims are brought under strict liability, meaning that the owner will be accountable even if they were unaware of the potential risk posed by their dog.
Types Of Dog Bite Injuries
A dog bite injury claim can only be brought under strict liability for physical injuries sustained due to a dog attack. For example, one cannot seek compensation for being chased down by a dog. Common dog attack cases include tearing the skin, broken bones, and infection after bites. Where the victim seeks to recover compensation for injuries sustained besides being bitten, they must prove the owner’s negligence in preventing the attack.
Defenses In Dog Bite Cases
There are three possible defenses for the dog owner in dog bite liability cases. First, where the victim was trespassing on the dog owner’s land, they cannot recover compensation for the dog attack. The rationale is that most dogs are trained to deter trespassers, particularly at night; hence the attack would be warranted. The exception will be where the dog owner intentionally instructs the dog to attack the claimant or if the victim is a child. Police officers and mail carriers are also legally allowed on the premises while on duty.
The second defense is where the dog was provoked. Provocation includes hitting the dog, grabbing their food, or aggressively barking at them. However, this can only act as a partial defense where the act isn’t obviously provocative and that the victim was unaware their actions might trigger an attack. Such acts include petting the dog or calling their names. Lastly, where the dog owner puts up proper warning signage such as ‘dangerous dog,’ they will not be accountable for attacks on visitors.
What To Do After A Dog Attack
If you suffer a dog attack in Florida, you can follow these steps to increase your chances of getting compensated for your injuries:
Document the attack by taking photos of your injuries and the dog. You can also get contact details of any witnessesGo to the hospital to seek medical attention for your injuries. Make sure to get the doctor’s report on the injuries sustained.Call animal control- Filing a report with a nearby animal control agency can aid in getting more information about the dog owner. Animal control will investigate the case and ensure that the dog does not attack any other people in the future. Contact a Winter Haven personal injury lawyer to help you recover compensation from the dog owner or their home insurance policy.
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It is important to immediately contact a Jiles Law, P.A. personal injury lawyer after sustaining injuries in an accident. Our lawyers can help you submit your personal injury claim timely, ensure all necessary documents are submitted, and that you do not miss any deadline that could jeopardize your case.
You should consider joining Personal Injury Attorney Commerce if you wish your law firm to be as successful as Jiles Law, P.A. By being part of this group, you will be able to attract clients from all across the city. Members of this commerce group had been able to grow their business tremendously after joining the group.