Automobile accidents are the most common cause of personal injury cases. We all tend to spend a lot of time in our cars and that can lead to accidents. There are a number of reasons for this – distractions, drinking while driving, eating while driving and cell phone calls and texting. Failing to drive safely can place you at fault for an accident. And, personal injury accidents aren’t limited to automobiles. Motorcycle accidents and property injuries can also lead to personal injury situations.
Exercising safe driving whenever you are “behind the wheel” will always work in your favor. It’s important to know what the consequences of failing to drive safely could mean to your personal injury claim.
If an accident is considered to be partially your fault, know that your monetary compensation could be lessened based on your percentage of fault. Some examples of comparative negligence are:
- Failure to use seat belts (unless you have a medical prescription exempting you from wearing seat belts)
- Failure to use child safety seats
- Sudden stops
- Failure to use turn signals
- Failure to use headlights
- Improper U-turns
Property owners and lessors are under an obligation to keep their property safe and free of potential hazards. But, it’s a misconception that all property injuries are treated the same. Not true. The level of responsibility varies as to the type of person injured. It falls into three main categories:
- Business invitee (i.e. customers) – highest priority
- Permittees – medium priority
- Trespassers – low priority
Personal Injury Lawsuits
If you are injured and file a lawsuit because of that injury, you are called the “plantiff”. Both you and the person who injured you (the defendant) will hire attorneys to gather pertinent information such as documents, witness statements, etc. This process is referred to as the discovery process and often the cases are settled at this point with no trial being necessary.
Your attorney will seek damages for your injuries including:
- Compensation for medical bills
- Lost wages
- Future lost wages
- Physical pain and suffering
- Permanent disfigurement
- Permanent disability
If you accept the compensation offered, you have settled your case and can have no further action against the defendant. You will be asked to sign a release releasing the defendant of any further liability. It’s important to discuss any settlements with your attorney before agreeing to sign a release.
We all hope that no one we know is ever involved in an accident that causes any personal injuries. However, if you do find yourself in that situation, contact your attorney immediately after any incidents that result in your being injured.
Call Carey Leisure & Neal for Legal Services in Clearwater, FL
Contact us at (727) 799-3900 for a free no-obligation consultation and case evaluation.