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Pensacola Personal Injury Blog

How comparative fault affects a personal injury lawsuit

Sometimes, people make decisions that lead to injuries for others. This could be in a car accident, a pedestrian accident, failing to keep their property safe, companies who make defective products and in many other situations. These injuries can result in massive medical bills and lost income if the person who is injured is unable to work. Luckily, in these types of situations, the other person may be held responsible for their poor decision through a personal injury lawsuit.

There are a number of factors that will determine the amount of compensation the victim will ultimately receive if successful in a personal injury lawsuit. One of these is known as "comparative fault." This factor takes into account whether the victim was at fault at all for the accident and injuries. If the victim was somewhat at fault, they receive less compensation. So, if the victim was 30 percent at fault, their ultimate compensation would be reduced by 30 percent. Being partially at fault does not prevent the victim from receiving compensation, it just reduces the amount they may receive.

Soft tissue injuries and car accidents

A car accident puts a lot of force on the passengers in the car. Even at relatively low speed, the damage which can be done can be severe, depending on the circumstances.

One category of common injuries is known as “soft tissue” injuries. They can happen in any accident and they can be just as devastating as other kinds of injuries. Worse, they can often be the hardest to diagnose and treat.

Woman and child airlifted to hospital after vehicle rear-ended

Even drivers who follow every single traffic law could still end up in a car accident because other drivers on the road are not following them or not paying attention to the road. These safe drivers could end up with very significant injuries and their lives may be changed forever.

Recently, a woman was driving on the highway and her vehicle was rear-ended by another driver. This caused the woman to lose control and drive off the road into a ditch and then a culvert before finally coming to a stop. There was also a child travelling in the car with the woman. Both the woman and the child suffered serious injuries and were airlifted to a local hospital. The driver who rear-ended the vehicle was not hurt in the accident and the cause is still under investigation.

What can an injured maritime worker receive under the Jones Act?

There are many different types of jobs that people have in Florida. Some of these jobs are on the land, but many people also have jobs at sea or work on the docks as part of the industry. However, it does not matter what type of jobs people have or where those jobs are located, it is important that all workers remain healthy so they can continue to work. Without work most people will not have an income and will be unable to provide for themselves and their families.

Many of the jobs that people work on boats can involve heavy machinery though and can be physically demanding as well. This means that if people do not follow safety protocols or have the proper safety equipment, they can suffer serious injuries in maritime accidents while simply doing their job. Most employees who are injured at work are entitled to workers' compensation benefits, but workers injured on boats have extra protections through the Jones Act as well.

Potential compensation in a wrongful death case

Accidents occur every day in Florida. They can occur in a person's home, at a store, at work, while driving a car and in many other types of situations. All types of accidents cause at the very least some sort of inconvenience, but some are much more serious than others. A person's life can be permanently changed due to accidents and, in some cases, people even die.

Losing a loved one is never easy, but it can be even more difficult when it happens suddenly. This is especially true if the people are younger and have a family they are supporting. Family members rely on each other for a number of different things, such as love and emotional support, but also income and other services that people may take for granted until they are no longer there.

Car accidents are the leading cause of spinal cord injuries

People need to take responsibility for their actions when they drive motor vehicles, even though driving has become second nature to many people. Even quick lapses in judgment or concentration, much less the egregious risks that some drivers take on the roads, can lead to motor vehicle accidents. Unfortunately, people do not think about the injuries they can cause when they take these risks.

There are many injuries people suffer in car accidents, but one of the most serious types of injuries is a spinal cord injury. In fact, car accidents are the most common cause of spinal cord injuries. They cause almost half of all spinal cord injuries. These injuries are particularly devastating because they can affect the entire body. The spinal cord transmits all messages from the brain to the rest of the body and if the messages do not get where they need to go that body function will no longer work. Many times these injuries are also permanent.

Maritime Law and statute of limitations

The allure of the coast of Florida has everything to do with the Gulf of Mexico. Whether you are on your own boat, a jet ski, or a passenger boat there is nothing like being out on the water. Unfortunately, the Gulf can be dangerous and injuries and even death do happen all the time.

When there is any incident out on the Gulf resulting in loss such as death, disability, or anything else time is of the essence. There is a statute of limitations on all lawsuits which comes from Maritime Law that is supposed to be uniform, but unlike most land-based situations can easily be shortened.

Laws for drinking while boating in Florida

There are many reasons that people go on boats in Florida, but one is to get together with friends to fish or simply just have a good time together. Especially as the weather gets warmer, many people will be out on the water and some will enjoy some alcoholic beverages while they are on the boats. It is important that the drivers of the boats enjoy in moderation though. While boating is different than driving, operating a boat under the influence is still dangerous.

It is also illegal. People can be charged with boating under the influence if they have a blood alcohol level of .08 or higher, or if the alcohol causes the boater to be impaired. If it is a first-time offense, people could be fined between $500 and $1,000 and could face up to six months of jail time. The penalties increase if it is the second conviction for a person or if their blood alcohol level is .15 or greater. People in this situation will have a fine between $1,000 and $2,000 and could go to jail for up to nine months.

Special protections for children injured on property

As children in Florida grow, they gradually begin to understand and comprehend more and more. However, this is a gradual process and it can take a long time before they fully understand many of the situations they face each day. One of the situations that children tend to not fully understand is the dangers associated with certain activities. That is why parents and other adults are required to watch over children and make decisions for them.

That is also why there are special protections for children who are injured on another party's property. In a previous post, we discussed how a property owner's duty of care to others who are on their property depends on whether the person is an invitee or a trespasser. However, those rules apply to adults. There are different rules for children, even children who trespass on the property, which is known as the "attractive nuisance" doctrine.

Basics of car insurance in Florida

Due to the high volume of cars on the roads in Florida each day and the problems associated with human error, there are many car accidents each year. Sometimes the accidents are caused by the conditions on the road, but most are due to the fact that one driver became distracted or violated a traffic regulation and was not able to react properly to a particular situation. Unfortunately, these mistakes also cause significant injuries and property damage to the victims of the accident.

That is why all drivers in Florida are required to have car insurance. Florida is a no-fault state, which means that every driver needs personal injury protection insurance as part of their insurance policy. Any driver who is injured in an accident must first seek compensation from their own PIP coverage regardless of whether they caused the accident or not. The problem is that most PIP coverages only cover $10,000 and do not cover property damage and pain and suffering.

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