Can I Sue if I Have a Long-Term Disability Due to an Accident?

Disability victims may file civil claims in Florida.

You can definitely sue if you have a long-term disability due to an accident. The real question is, “Who do I sue if I have a long-term disability due to an accident?” More on that below.

Since Florida is a no-fault insurance state, only long-term disability victims can bring legal actions, at least in most cases. Section 627.737 defines a long-term disability as a “permanent injury within a reasonable degree of medical probability.” If Jesse broke his shoulder in a car crash, he most likely sustained a permanent injury (some permanent loss of motion, at the least).

If a vehicle collision or any other injury accident causes a permanent disability, a Brandon personal injury lawyer can obtain substantial compensation in court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are available as well, in a few extreme cases.

First Party Accident Liability

Vehicle collisions kill or seriously injure millions of drivers, passengers, bicyclists, motorcyclists, and pedestrians every year. Driver error causes about 95% of these incidents. In a court of law, this driver error is usually ordinary negligence or negligence per se.

Ordinary negligence is basically a lack of care. This legal principle is based on the moral principle in the story of the Good Samaritan. This man went out of his way to help an injured traveler.

Likewise, most drivers must go out of their way to avoid accidents. They must not get behind the wheel unless they are well-rested, sober, and otherwise functioning at 100%. Once they start driving, they must obey the rules of the road.

Commercial drivers are held to a higher standard. They must go the extra mile to avoid accidents. Driving in bad weather is a good example. The duty of reasonable care, which applies to most noncommercial drivers, requires them to slow down and be extra careful in these situations. Uber drivers, truck drivers, and other commercial operators must arguably pull over until weather conditions improve.

Negligence works a little differently in premises liability claims, such as falls and swimming pool drownings. Usually, landowners have a duty to create and maintain safe and secure environments for their invited guests. This responsibility includes a duty to provide reasonable security to protect invited guests from assaults and other third-party violent incidents.

The negligence per se rule usually applies in all kinds of injury accident cases. Tortfeasors (negligent actors) are often responsible for damages as a matter of law if they violate safety laws, and those violations substantially cause injuries. Sometimes, a Brandon personal injury lawyer must introduce additional evidence of negligence in these cases.

Third Party Liability

Alcohol provider liability, employer liability, and owner liability are the three most common third-party liability theories in Florida personal injury cases.

Commercial alcohol providers, like restaurants and bars, are vicariously liable for damages if they knowingly sell alcohol to a person habitually addicted to alcohol. The dram shop law applies in other cases as well, such as illegal sales to underage customers.

The respondeat superior rule applies if employees are negligent during the course and scope of their employment. For example, if a schoolteacher allows children to play near a strange dog, and the dog bites a child, the school district could be liable for damages.

Negligent entrustment (owner liability) comes into play when owners knowingly allow incompetent operators to use their motor vehicles. Commercial negligent entrustment cases, like U-Haul truck crashes, may work differently because of the Graves Amendment.

Reach Out to a Compassionate Hillsborough County Attorney

Disabled accident victims are entitled to significant compensation. For a confidential consultation with an experienced personal injury lawyer in Brandon, contact Carman & Finegan, P.A. The sooner you reach out to us, the sooner we start working for you.