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Accidents are bound to happen. Either you are out on the street, taking a walk in the park, at the mall, at work or anywhere else. Accidents could happen in any of these places and at any time. They could be major or minor accidents, causing fatal or non-fatal injuries that register different degrees of pain and damages. As with all accidents, someone must be held responsible, especially when there are damages to be taken care of, and if you are not the one responsible, then the person who has directly or indirectly caused the accident must be found, or maybe you know them already. In any case, you must institute a personal injury claim with the help of Orlando Personal Injury Attorney against them in order to get them to pay or at least compensate you for damages done.
For better understanding, personal injury claims are presented to get someone to pay for whatever damage, injury, or personal inconvenience they may have caused another person, the plaintiff, as a result of their actions, often through acts of negligence, wrongdoing or inaction.
Depending on the kind of accident, the kind of injury or damage suffered differs. For example, if it is an accident involving two cars, only the cars may have collided, and the drivers could be fine or have a few scratches on them. In that case, neither of the persons involved can file a personal injury claim against the other. The reason for this is because Florida is described as a ‘no-fault state”. So what happens is that the insurance companies of the drivers take care of their respective damages, both on their cars and if they have any on themselves. This is because Florida law also demands that drivers have at least $10,000 as personal injury protection. So that takes care of things, but not completely. If the accident resulted in a serious injury, then the victim has the right to file a claim against the insurance company of the at-fault party. A serious injury could be in the form of a loss of a body part, permanent scars or injuries that would not fade, and even death of the victim. The victim, or anyone suing for his or her sake, has the right to seek compensation from the other driver who caused the accident.
Types of Compensation
Compensation, in Personal Injury cases, is usually in two broad forms.
1. Compensation for Economic Damages:
This refers to monetary compensation paid to someone by a defaulter. This usually happens after the personal injury case must have gone to court, and the judge would have awarded the defendant to pay some money to the plaintiff. This money could come in various forms, and cover a range of things, depending on what kind of accident took place or how the damage came about. It could include payment for the victim’s medical bills, paying for medication, cost of living, since they would be out of work the whole time they are recovering, also including payment for damaged property, replacing goods, furniture, and so on. This form of compensation gives back to the victim what may have been taken from them as a result of the accident.
2. Compensation for Non-Economic Damages
Compensation for Non-Economic Damages has to do with replacing things money cannot buy, quite literally. Sometimes, an accident can take away something very valuable – it could be time, the moment you are supposed to spend, or even someone. In that case, no amount of money could ever compensate for such loss. However, the defendant would still have to pay, but not so to replace or make up for anything, but just as a sign of acceptance of guilt and punishment. Also in the case where someone lost a spouse or a dear one, known as Loss of Consortium, money is still paid. But this is not to replace the dead person. This kind of money is hard to calculate as you can never put a price on such things, and so there is no cap to it.
There is another form of compensation for punitive damages. This is usually for gross misconduct or practice that must be used to set an example. Punitive damages can be in the form of asking a drunk driver to pay for driving under the influence. This form of compensation is merely meant to punish the individual, group, or body at fault.
Now, one thing to remember is that in personal injury claims, the defendant has a right to defend themselves, and they may say that the accident, for example, was not solely their fault. That you were going on speed too, or could not read the signs, or some other reasons that may hold. If it does hold, it can affect the amount of compensation you are likely to receive. In other words, if you share a part of the reason for the accident or damage, it could reduce the compensation you were meant to receive.
In Florida, there is a rule known as the “pure comparative negligence rule”. Under this rule, the compensation that is due to you would reduce based on how much of the damage was your fault. So if it is agreed that such damage was 20% your fault, and the defendant had been asked to pay $1000, the total money given you would be $800, since the $200, which is 20% of the damage, would come from you.
Compensation in a personal injury claim is a very important matter. Indeed it is how some people can start their lives back, or move forward after a rough patch. It is important that what is taken away is duly restored, albeit, to the best equivalent. That is why it is important to pursue a personal injury claim professionally, and with someone who has enough knowledge of such matters, and it is best to act fast because, in a matter like this, speed is critical.
Whenever you find yourself seeking compensation, either after an accident, or after taking contaminated goods, or after having your property destroyed, it is best you seek Orlando Personal Injury Attorney. He would put you through, giving you advice, and helping you with all legal complications. Also, when the matter gets to court, he would make sure you are able to get the best compensation as much as possible.