PERSONAL INJURY LAW

What Constitutes Personal Injury?

In legal terms, personal injury is defined as any injury to a person for which someone else is liable. Victims of personal injury may be entitled to compensation for physical, emotional, and mental damages, depending on the circumstances of the case. Laws Scott, PLLC frequently handles cases involving all types of serious, catastrophic personal injuries such as;

Brain Injury Cases

If you or someone you love has suffered a traumatic brain injury, Laws Scott, PLLC may be able to help you obtain compensation from those responsible for the injury. Most brain injuries are long-term and result in substantial financial and emotional hardships for both the victim and the victim’s family. In severe cases, an impact to the head can result in permanent mental problems, physical disability, and even death. If you or someone you love has suffered a brain injury in an automobile accident, motorcycle accident, slip and fall accident, or any other type of accident caused by someone else’s negligence, please call us today for an evaluation of your case.

Spinal Cord Injury Cases

Among the most devastating of all personal injuries, spinal cord injuries are almost always permanent and their effects cannot be cured. The most common cause of spinal cord injury in the United States is automobile accidents, many of which were not the fault of the injured victim. Other common causes include motorcycle accidents, acts of violence, work-related accidents, and sports injuries.

The spinal cord is essentially a band of nerves that conducts messages between the brain and the body. The effects of the spinal cord injury depend on the location and severity of the damage, with the most severe effects involving injuries to the top of the spinal cord. In the most severe cases, the victim can permanently lose feeling and the ability to make voluntary movements at and below the point of the injury. Even those who retain partial feeling or movement face the possibility of permanently impaired bodily functions. Despite advances in treatment and rehabilitation services, it is currently impossible to repair damaged nerves, leaving spinal cord injury victims with no options for substantial recovery.

Back Injury Cases

In addition to spinal cord injuries, other serious back injuries that can result from accidents include torn back muscles, slipped or herniated discs, strained or torn ligaments, and bone fractures. Severe back injuries can result in excruciating pain, extreme financial hardships, and permanent disability. Even less severe back injuries can lead to extended time off work and substantial medical expenses, in addition to pain, suffering, and mental anguish. If you or a loved one has suffered a serious back injury in an accident that was someone else’s fault, you may be entitled to compensation for pain, suffering, lost wages, medical bills, mental anguish, and other damages.

Neck Injury Cases

In serious accidents, the neck is particularly vulnerable to injury. Neck injuries are particularly difficult to evaluate because they do not always produce immediate symptoms. Many injured victims are not aware of the severity of their neck injuries until well after an accident, when they are confronted by persistent pain, headaches, and stiffness that require medical attention. For example, a victim who suffers whiplash, a common injury that results from the overextension of the neck during an automobile, motorcycle, or other jarring accident, may feel no pain or discomfort at first. This does not mean, however, that the injury is minor.

Like back injuries, neck injuries can range in severity depending on the nature of the damage. Even relatively minor damage can result in considerable pain and reduced mobility, while damage to the nerves can lead to permanent disability or death. Whatever the extent of the damage, neck injuries are generally painful, expensive, and emotionally draining for both the victim and the victim’s family.

Auto Accident

In Florida, you must have a permanent injury within a reasonable degree of medical probability to receive money damages from the at-fault driver and their insurance company. This doesn't mean you have to be on crutches or in a wheel chair. You can recover money damages for continuing pain or other medical problems that a doctor certifies in writing as permanent within a reasonable degree of probability.

Trucking Accident

In most cases, a truck accident will involve an employer who owns the truck and an employee driver. When a driver makes a delivery or uses a truck in the course or scope of his employment, the employer is legally responsible for any damages caused by the careless operation of the vehicle. In addition, there is a body of law in Florida that allows an injured person to hold the employer responsible for negligent hiring, negligent retention, and negligent supervision of an employee driver.

Motorcycle Crash

Under Florida law, a motorcycle is excluded from the no-fault insurance law. This means that the driver of a motor vehicle that hits a motorcycle does not have the defenses available under the auto no-fault law. In many motorcycle accidents, the victim can recover money damages from the at-fault driver without having to prove that they are permanently injured. The only question is how much money the victim should be awarded for their injury or loss.

Bicycle Accident

When a person is injured in a bicycle accident, it is typically due to a collision with a motor vehicle. The law in Florida is very specific when it comes to responsibility in a car-bike collision. The careless driver of a motor vehicle is legally responsible for any damages—physical, emotional, and economic—caused to the bike rider.

Taxi Accident

The background of the taxi driver can be an important factor in a taxi accident case. A general concern of many people is that taxi drivers operate their vehicles in a fast and careless manner. Our lawyers' experience from handling numerous taxi accident cases is that an investigation of the driver may reveal a significant record of driving infractions and even criminal arrests. This can make a taxi accident case very difficult for the insurance company to defend and can significantly affect their valuation of your damages.

Drunk Driver Accident

Florida law provides that a drunk driver can be punished for operating a motor vehicle when their normal faculties are impaired. The law also provides that money damages can be awarded to punish this reckless behavior. Insurance companies and insurance defense lawyers do not like to defend drunk driver cases. A full and competent presentation of the DUI evidence by your lawyer will often cause the insurance company to pay a significantly higher settlement than in a motor vehicle accident that does not involve a drunk driver.

Cruise Ship & Boating Accidents

Boating and cruise ship accidents injure many people in southern Florida. Each specific type of boating accident needs to be analyzed carefully by an experienced lawyer to determine the victim's rights. For example, there are different time limits for filing a lawsuit based on the body of water involved. There are also different compensation limits based on the value of the boat and whether you are a guest on the boat, the owner of the boat, or an employee who is injured on a boat.

Workers' Compensation

There are many reasons why you should contact a lawyer if you have been injured on the job. Florida workers’ compensation laws are very complex and have been interpreted over the years by numerous court rulings. Without the guidance of an experienced lawyer, you could end up damaging your case without realizing it. If this is the first time you have been injured on the job, your inexperience could result in your claim being denied, even though you may be too injured to return to work.