By The Perazzo Law Firm
Personal injury cases typically involve one or more drivers and vehicles. However, a small but significant portion of personal injury cases involve a variety of different factors vastly increasing the complexity of litigation.
One of the factors leading to the complexity of a personal injury case stemming from a car accident can be the type of injuries suffered by the victim. In most instances, injuries stemming from a car accident are assessed on the scene or soon thereafter from a simple doctor’s visit. However, some injuries may take some time to manifest symptoms. Typically, theses injuries involve brain damage which may not be easy to diagnose as the victim may not exhibit symptoms for days or even weeks. Some of the symptoms of brain injury, such as difficulty concentrating, mood swings, depression, etc., may easily be attributed to daily stress rather than serious brain injury. Brain injury symptoms are easy to misdiagnose and may go untreated for some time. Brain imaging scans can reveal brain injury but can fail to reveal the full extent of the damage. Given how difficult it may be to diagnose a brain injury, by the time a patient reports the symptoms to a doctor and a scan is ordered, weeks if not months may have already passed since the date of the car accident. Following a car accident, it is important to consult a doctor as soon as possible and report all symptoms even if they can be attributed to something else like participation in athletic activity or even a stressful job.
Another factor lending to the complexity of a personal injury case can be the difficulty in assigning the fault for the injuries suffered by the victim. In certain cases, the cause of a car accident may not be just the careless of a driver. A car accident can be caused by a malfunctioning car part, unsafe road conditions due to negligent construction, improperly prescribed medicine which leads to driver fatigue, etc. In cases where a car accident was caused by a vehicle malfunction, fault can be attributed to the manufacturer of the vehicle or the specific part which contributed to the cause of the accident. In certain cases, if a car accident was caused by your vehicle being negligently services, then some fault may be assigned to the mechanic. However, in certain jurisdiction a legal concept known as a non-delegable duty governs. A non-delegable duty is a situation where, for example, a car accident was caused by improperly serviced brakes however the fault still rests on the owner of the vehicle.
Following a car accident it is important to consult a competent attorney with personal injury experience to know the full extent of your rights.
At The Perazzo Law Firm, we pride ourselves in representing the people of Florida and their families. We will always put our clients’ needs at the forefront of the fight against the insurance industry. Our Florida lawyers have dedicated their entire careers in fighting for your rights. Whether you seek compensation for injuries, fighting for justice for wrongful arrest or looking to repair your home, you can rest assured our lawyers will be there for you.
If you or a loved one has suffered an injury, we encourage you to call us at 786 LAWS-411 (786-529-7411) to set up a FREE consultation to discuss your legal rights.