South Florida Personal Injury Attorney

Personal injury is any physical or mental injury to a person that results from another person’s negligence or wrongful act. Personal injury often refers to bodily injury and can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:

Auto accidents
Other Vehicle accidents (Aviation, Bicycle, Boat, Motorcycle, Railroad, Truck)
Assault and Battery
Burn Accidents
Construction/On the job Accidents
Food contamination (bacteria such as e-Coli, salmonella or listeria in processed or prepared foods)
Industrial accidents
Dangerous or Defective Products (tires, seatbelts, manufactured products)
Dog/Animal Bites
Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
Nursing home abuse and Neglect
Slip and Fall Accidents/Premise Liability
Spinal Cord Injury
Toxic/chemical exposure
Traumatic Brain Injury
Wrongful Death

For more information on personal injury, or if you are an injured victim and would like to discuss the specifics of your personal injury claim, please contact South Florida personal injury attorney David I. Fuchs, today, for your free consultation.

Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

Medical bills
Lost income, including overtime wages
Pain & Suffering
Physical Disability
Disfigurement
Emotional Trauma
Mental Disability
Property Damage

The value of any personal injury claim depends on the facts and circumstances of your claim. First and foremost, the party that is responsible for creating the hazardous condition or inflicting said injury must be proven to have caused the accident and are therefore liable for damages. Under Florida law, the jury in a personal injury case is also allowed to compare the negligence of the defendant to your negligence, if negligence on your behalf contributed to the injury. Further, the value of your claim depends on the severity of your injury and all damages sustained in order to estimate justifiable compensation.

Compensation for a personal injury can include coverage for medical expenses, current and projected (future medical treatments, surgeries, etc.), lost income such as wages, bonuses, overtime pay and promotional pay, and loss of estimated future income that has been compromised as a result of your accident. Your spouse may also be entitled to the value of your services, both past and future, that have been lost as the result of your accident.

Compensation for personal injury can also include damages for pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience and loss of life contentment. Your spouse may also be considered for loss of consortium, i.e. loss of comfort, society, and physical attentions because of your injuries. There is no formula that a jury or a judge is required to use in order to determine these damages and the compensation is based on an individual case basis.

Physical Damages:

Vehicle accidents, medical malpractice, premises liability, nursing home abuse, truck accidents, industrial accidents and defective products can all cause serious personal injury that can affect a victim’s life temporarily or permanently. Personal injury can have lasting emotional and physical affects caused by:

Arm, elbow, hand, shoulder and wrist injuries
Back and neck injuries
Loss of limbs, eyesight and hearing
Paralysis
Traumatic brain damage
Burn injuries
Facial injuries
Ankle, foot, hip, knee and leg injuries
Nerve damage
Spinal cord injury
Scarring and disfigurement

Arm, elbow, hand, shoulder and wrist injuries:

Arm, elbow, hand, shoulder and wrist injuries can result in carpal tunnel syndrome, sprains, fractures, ligament damage, nerve damage and muscle problems. Causes of these injuries can include repeated occupational duties (typing), vehicle accidents, sporting and/or recreational accidents, industrial and work-related accidents and slip and falls.

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Back and neck injuries:

Back and neck injuries can lead to spinal cord injury and permanent disability. Back and neck injuries can be caused by sports or recreational activities, occupational tasks, direct trauma to the face, neck, head or back as a result of car, motorcycle, boat or truck accidents. Back and neck injuries can include sprains, fractures, dislocations of the spine, torn or ruptured discs and compression of nerves in the lower back.

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Loss of limbs, eyesight and hearing:

The loss of limbs, eyesight and hearing are irreparable personal injury damages and can be caused by vehicle accidents (car, bicycle, boat, motorcycle and truck), sporting and/or recreational accidents, physical assaults, work-related accidents, nursing home abuse, animal attacks and medical malpractice.

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Paralysis:

Paralysis is the complete loss of muscle function for one or more muscle groups. Such loss may involve only voluntary nerve group (motor nerves) but may also involve the sensory group (sensations of position, heat, cold and pressure) and possibly portions of the involuntary group (elimination, digestion and breathing). Causes of paralysis can include vehicle accidents (car, bicycle, boat, motorcycle and truck), traumatic brain injuries, spinal cord injuries, birth injuries, sporting and recreational accidents, physical assaults, slip and falls, work-related accidents and medical malpractice.

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Traumatic brain damage:

Traumatic brain damage can be caused by a direct force to the brain and/or lack of oxygen and can result in temporary or often fatal injuries.

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Burn injuries:

Burn injuries can be caused by scalding liquid, vehicle accidents, fire accidents, chemical exposure, electricity and flammable liquids and gases. Burn injuries can range from first-degree: minor, second-degree: moderate and third-degree: severe.

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Facial injuries:

Injuries to the face are often extremely emotional and traumatic. Facial injuries can include eye injuries, lacerations, broken teeth and fractured facial bones. Facial injuries can be caused by auto accidents, physical assault, sporting or recreational accidents, industrial or work related accidents, slip and fall accidents and animal attacks. Facial injuries usually require extensive surgical treatments and can cause psychological damage to the victim.

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Ankle, foot, hip, knee and leg injuries:

Ankle, foot, hip, knee and leg injuries can be caused by auto accidents, sporting or recreational accidents, work related accidents, slip and fall accidents and nursing home abuse and neglect. Common injuries are breaks, fractures, dislocations, sprains and joint and muscle problems.

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Nerve damage:

Nerve damage disrupts the signals that are carried to and from the brain, causing muscles to function improperly and/or creating a loss of sensation. Nerve damage can be caused by open injuries, such as lacerations or large wounds, and closed injuries, such as fractures or dislocations.

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Spinal cord injury:

Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged. Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages from the brain to the body's systems that control sensory, motor and autonomic function. Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, slip and falls and sports injuries.

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Scarring and disfigurement:

Scarring and disfigurement can be caused by vehicle accidents, burn accidents, animal attacks, and industrial/work-related accidents.

If you are the victim of a personal injury accident, it is critical that you take the following steps.

Contact an experienced personal injury attorney who can advise you of your rights and litigation options.
Take photographs of your injuries and of the scene of the accident. This can act as evidence in a court of law.
Write down all the details of the accident as best as you can recall them including what caused the accident and the extent of economic and non-economic damages sustained. Further, write down the name, address and phone numbers of everyone who witnessed the accident and/or was present at the scene.
Preserve the evidence. If you were injured as the result of a defective product, preserve the product as it is, and inform your attorney of its possession.

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