Most Common Personal Injury Lawsuits in Florida

August 21, 2023

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Orlando woman in neck brace discusses personal injury case. What are the most common personal injury lawsuits in Florida? Personal injury lawsuits generally encompass a wide range of incidents involving moderate to severe injuries or death due to the negligence or willful actions of a person or entity. However, some types of personal injury lawsuits are more common than others.

If you or a loved one have been injured due to the negligence of another, an Orlando personal injury attorney can guide you through the process of pursuing just compensation for your losses. Call Colling Gilbert Wright at (407) 712-7300 for a FREE consultation. We’ve been handling personal injury lawsuits in Florida for over 30 years. We are devoted to the folks we serve and are always available to answer your legal questions.

What Are Personal Injury Lawsuits?

Personal injury lawsuits are legal disputes that arise when one person suffers harm due to an accident or injury, and another person might be legally responsible for that harm. The liable party’s actions usually involve negligence, recklessness, or intentional misconduct. Understanding the different types of personal injury lawsuits in Florida can offer clarity when you are involved in such a situation.

What Are Some of the Most Common Personal Injury Lawsuits in Florida?

Like other states, Florida sees a wide range of personal injury lawsuits. Some of the most common cases we take on include:

Car Accidents

Florida operates under a no-fault system per Florida Statutes § 627.736, meaning that regardless of who is responsible for a car accident, all parties initially turn to their own insurance for medical expenses and lost wages. This insurance coverage is called a Personal Injury Protection (PIP) policy.

The no-fault system is designed to limit the amount of personal injury lawsuits. Nevertheless, PIP insurance does not always cover the extent of your losses in a car accident. The sheer volume of car accidents in Florida means that there will be many that an insurance settlement cannot resolve. That’s when it becomes necessary to explore other means of appropriate compensation.

Car accidents can occur due to various reasons, such as distracted driving, speeding, drunk driving, defective parts, or violation of traffic rules. When a party fails to exercise reasonable care on the road, they may be held responsible for the injuries caused.

Slip and Fall Accidents

Slip and fall cases, often categorized under premises liability, are another common type of personal injury lawsuit. Property owners have a legal obligation to ensure their premises are safe. If someone slips, trips, or falls because of a hazardous condition, the owner may be liable for the injuries.

Possible slip and fall accidents could occur on a wet floor in a grocery store that has been improperly marked or not cleaned up promptly. Or a property owner could fail to warn you of hazards in an area, such as metal or wood piles used for a home project.

Motorcycle Accidents

Florida’s sunny, warm weather and scenic routes are ideal for motorcycle enthusiasts. However, motorcycle accidents can lead to severe injuries, especially when not wearing a helmet. Florida Statutes § 316.211(3)(b) leave motorcyclists at a higher risk than most as it’s not a requirement for bikers over the age of 21 to wear a helmet as long as they have “at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.”

Motorcyclists are already at a disadvantage because they’re exposed. Cars and trucks have the added protection of the vehicle structure and windows, but motorcyclists can only depend on their ability to drive responsibly to try to avoid an accident. For all of these reasons, there is a higher motorcycle injury and fatality rate in Florida than in most other states.

Medical Malpractice

Medical malpractice claims arise when a healthcare provider, such as a doctor or nurse, fails to provide competent and reasonably skilled care and a patient is injured. Medical malpractice claims can result from a surgical error, prescription error, anesthesia overdose, birth injury, or delayed or missed diagnosis. These cases are often complex and require substantial evidence to prove malpractice.

When you go to your local hospital or emergency room, you expect to receive the standard of care all doctors and medical professionals swear to uphold. Failure to do so can result in life-altering injuries, disfigurement, and even wrongful death. Our Orlando medical malpractice lawyers have seen the devastation involved in these cases. We are committed to seeking justice for our clients at these difficult times.

Dog Bites

Florida Statutes § 767.04 holds dog owners strictly liable for injuries their dogs cause, regardless of a lack of knowledge of the dog’s past behavior. Victims do not need to prove negligence, making it easier to file a lawsuit after a dog bite.

However, comparative negligence is also considered in a dog bite situation. Meaning that “any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person’s negligence contributed to the biting incident.”

Dog bites can be traumatic, causing injuries from lacerations to disfigurement and even death. Victims are often left with psychological ramifications as well. Sometimes victims are reluctant to hire a lawyer because the dog’s owner is a friend, neighbor, or family member. Hiring a compassionate personal injury attorney who acts with integrity is the way to go. We will pursue compensation for your devastating losses while treating the dog’s owner with respect and dignity.

Product Liability

Product liability claims involve injuries caused by defective products. Manufacturers, distributors, and retailers may all be held accountable if their product causes harm to consumers.

A defective or dangerous product is any item that causes unreasonable harm due to inadequate testing, failure to correct or identify a flaw and the danger it poses, or failure to warn consumers using hazard warnings on the product or the box that contained it upon purchase. These products can include but are not limited to:

Motor vehicles
Children’s toys
Electronic cigarettes
Pharmaceutical drugs or devices
Household appliances

Product liability claims are tried nationwide, and some of our dedicated lawyers at Colling Gilbert Wright specialize in this area of personal injury law.

Nursing Home Abuse & Neglect

Nursing home abuse and neglect are serious issues facing the 66,684 people living in certified nursing facilities in Florida in 2022. This type of wrongdoing is more prevalent than the average person realizes.

These institutions are often understaffed and therefore overworked, which leads to neglect of nursing home residents. Abuse and malicious neglect are the reality for too many aging adults who trust their care facility to treat them with dignity and appropriate medical care.

In these incidences, personal injury lawsuits are necessary to provide justice and fair compensation to the victims and their families who have suffered immeasurable harm. Lawsuits also work to hold institutions accountable and call attention to systemic problems.

Workplace Accidents

Workplace accidents happen, and they happen often. Per Florida Statutes § 440.09(1), workers’ compensation will most often cover workplace injuries. Still, a workers’ compensation lawyer is recommended to help you through the process, making sure you ask for the damages you are due and negotiating with the insurance company on your behalf.

Still, workplace accidents can often lead to personal injury lawsuits. There are scenarios where lawsuits might be more appropriate. For instance, when an employer’s negligence led to unsafe conditions that caused the injury or they “deliberately intended to injure the employee,” according to § 440.11(1)(b).

How Can You Pursue a Personal Injury Lawsuit in Florida?

The process of filing personal injury lawsuits in Florida typically involves several key steps:

1. Seek Medical Attention

First and foremost, seek medical attention immediately following an injury. This ensures your health and safety but also provides vital documentation for your lawsuit.

2. Consult an Attorney

Consulting with a personal injury attorney is critical. They can evaluate your case, guide you through the legal process, and advocate on your behalf.

3. Investigation & Evidence Gathering

Your attorney will thoroughly investigate the incident and gather the necessary evidence to support your claim.

4. File a Complaint

If your attorney determines you have a valid case, they will file a lawsuit in court on your behalf.

5. Negotiation & Settlement

Most personal injury cases are settled before trial through negotiations between your attorney and the defendant’s insurance company.

6. Trial

If a settlement cannot be reached, your case may proceed to trial, where a judge or jury will decide the outcome.

How Can an Orlando Personal Injury Attorney Help?

A personal injury attorney plays an invaluable role in personal injury lawsuits in Florida. They provide legal advice, negotiate with insurance companies, represent you in court, and strive to secure the maximum compensation you deserve for your injuries. Moreover, they can guide you through Florida’s complex legal system, allowing you to focus on your recovery.

Personal injury lawsuits in Florida encompass a wide variety of situations. Still, the common factor in all these cases is the presence of an injury due to the negligence of another. If you’ve suffered a personal injury, consulting an experienced Florida attorney can help you understand your rights and navigate the legal process.

Contact Colling Gilbert Wright for a FREE case evaluation. We provide personal injury legal representation to clients in the Orlando, Florida area and nationwide and offer bi-lingual services. Our personal injury lawyers have tried and won settlements for over 30 years. We are committed to our clients and will be by your side every step of the way.