What Can I Do When Someone Else’s Carelessness Injures Me?
When you sustain injuries caused by someone else’s carelessness, you have the right to sue that person for damages, i.e., financial compensation to cover your medical and other costs and losses. These personal injury lawsuits are almost always based on the theory of negligence which, by definition, means that the person who caused your injuries failed to act according to the standards required of him or her in the particular accident situation. To better understand these types of incidents, reaching out to a nursing home abuse lawyer in Longwood FL from a law firm like David & Philpot, P.L.
Kinds of Personal Injury Lawsuits
A personal injury lawsuit can arise from a wide variety of specific situations, including the following:
- Motor vehicle accidents
- Motorcycle and bicycle accidents
- Pedestrian accidents
- Boating and other water accidents
- Public transportation accidents
- Slip-and-fall accidents on someone else’s premises
- Medical malpractice
- Nursing home abuse and neglect
To win your personal injury lawsuit, you will need to be able to prove the following five elements of negligence:
- That the defendant owed you a certain duty of care
- That he or she breached that duty
- That his or her breach caused your injuries
- That his or her breach was the proximate cause of your injuries, meaning that his or her breach was the most immediately responsible for your injuries
- That you suffered compensable damages as a result of the defendant’s breach
Naturally, the precise duty of care the defendant owed you will vary depending on the circumstances of the accident. For instance, your physician owes you a different duty of care than a property owner or a motorist owes you.
Also, the standard of care the defendant’s duty falls under is that under which all others similarly situated to him or her falls. Consequently, a primary care physician’s standard of care could well be different than a surgeon’s standard of care. This is why any expert witness your personal injury lawyer engages to testify on your behalf must have the same credentials as the defendant and also must be employed in the same line of work.
Statutes of Limitations
Also, keep in mind that your state may have different statutes of limitations for different kinds of personal injury lawsuits. A statute of limitations is a law setting forth the time within which you must file your lawsuit after the accident that caused your injuries. If you miss this filing deadline, you may not be able to get any compensation at all. Your lawyer undoubtedly will know which SOL applies to you and can make sure to file your lawsuit within the prescribed time frame.