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Florida Personal Injury Law- The Basics

Posted by attorney John Phillips

What is personal injury law?

Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another, but also arises in defamation torts.

The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home and product defect accidents (product liability). You can be injured in many ways- Automobile Wrecks, Motorcycle or Scooter Accidents, Truck, Trucking & 18-wheeler Accidents, Personal Watercraft and Boating Accidents, Traumatic Brain Injury (TBI), Reflex Sympathetic Dystrophy (CRPS), Spinal Cord Injuries, Construction Accidents, Premises Liability, Dog Bites & Animal Attacks, Product Liability, Wrongful Death, or Drunk Driving. John Phillips has specialized in all of these types of cases for over 10 years.

The term personal injury also incorporates medical and dental accidents, Medical Negligence, Nursing Home Abuse, and conditions that are often classified as industrial disease cases, including asbestosis and peritoneal mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititis, and repetitive strain injury cases. John handles select cases involving medical negligence.

If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from the party at fault. And oftentimes, insurance covers the loss. In the United States, this system is complex and controversial, with critics calling for various forms of tort reform. But most agree that someone deserves to be made whole when injured at the hands of another.

How do I pay my bills / How do I document my injury?

If you have been injured, you will likely have medical bills from physicians, hospitals, physical therapists, and other health care providers. Those bills will be in your name and will usually be sent to your address. You are primarily responsible for paying your bills, regardless of the cause of your injuries. The at-fault person’s liability insurance carrier is responsible for paying you reasonable compensation for damages incurred, which includes medical bills. John can help stop debt collectors, help you get these bills paid, get your financial situation turned around and get you in the hands of fair doctors who understand the unique situations presented in these cases.

You have several options we can guide you through. First off, if you were in a motor vehicle accident, you have PIP (personal injury protection) benefits potentially available. Secondly, if you have health insurance, you may treat as you normally would. Third, many physicians will see you on “credit" known as a letter of protection. Contact us for more information and guidance, but it is IMPORTANT you see a doctor as soon as possible.

What else can I do?

First, make notes about the event – write down as many details you can recall about how you were injured, what happened immediately afterwards and what were the results later, such as lost wages or continuing medical treatment. Second, make a note of any conversations you had with others involved in the accident or event, as well as any police report details or doctor’s reports. Third, if possible, document the event by taking photographs of any evidence (such as visible injuries or pictures of your damaged vehicle in cases of auto accidents). Finally, obtain contact information for anyone that you know witnessed your accident.

Personal injuries can be traumatic, causing permanent disabilities, financial damage and diminished quality of life. A lawsuit cannot undo the harm you have suffered, but it may help obtain better medical treatment and provide security for you and your family.

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