After someone is involved in a Florida car accident, they may seek compensation through a South Florida personal injury lawsuit. In order to successfully bring a case against an allegedly negligent driver, a personal injury plaintiff must establish that the defendant’s actions resulted in their injuries.
Once a plaintiff establishes that a defendant violated a duty of care that was owed to the plaintiff, the next step is to determine the damages that the plaintiff is owed. The calculation of damages in a Florida car accident case can be a very contentious and complex issue, depending on the surrounding circumstances.
Some types of damages are fairly easy to calculate. For example, determining the amount of past medical expenses may be as easy as reviewing medical bills. However, figuring out the exact amount of damages is not always straightforward, especially when there are subsequent injuries sustained by the plaintiff.
Hit-and-Run Accident Victim Dies after Subsequent Heart Failure
Earlier this month, a South Florida man died after he was hospitalized for injuries he sustained when he was struck by a vehicle. According to a local news report, the man was crossing a parking lot in a rest area off Interstate 75 when a motorist struck him. No one witnessed the accident; however, nearby motorists did see a vehicle speed off immediately after the collision. The driver in the hit-and-run accident has not yet been located by police, but an investigation is underway.
The accident victim was taken to the hospital, where he was treated for minor injuries. However, while he was at the hospital, he suffered from a major heart attack. Doctors believe that the stress of being involved in the hit-and-run accident led to the heart attack.
Subsequent Injuries Following a South Florida Car Accident
When a victim sustains injuries after an initial accident, the defendant will be liable only in some cases. When it comes to determining which injuries a defendant is responsible for compensating, courts look at whether the subsequent injury was a foreseeable consequence of the defendant’s negligence. For example, a heart attack that follows a car accident would likely be considered a foreseeable result of the car accident. However, if the subsequent injury involves the negligence of a third party, that may sever the causative chain set in motion by the initial defendant, resulting in that defendant not being liable for the subsequent injuries. An example of this would be if the ambulance transporting an accident victim to the hospital was struck by a drunk driver. In that situation, the person who caused the initial car accident may not be liable for the injuries sustained in the drunk driving accident.
Have You Been Injured in a South Florida Car Accident?
If you or a loved one has recently been injured in any kind of South Florida car accident, you may be entitled to monetary compensation. Depending on the circumstances surrounding the accident, there may be multiple parties who are responsible for your injuries. In such situations, it is critical that a South Florida personal injury attorney conduct a thorough investigation to ensure that all potentially liable parties are named as defendants. To speak with a dedicated South Florida personal injury attorney about your case, call 877-448-8585 to schedule a free consultation.
More Blog Posts:
Establishing Causation in South Florida Car Accidents, South Florida Personal Injury Lawyers Blog, published August 24, 2017.
Pre-Suit Requirements in Florida Personal Injury Cases Naming Government Defendants, South Florida Personal Injury Lawyers Blog, published September 7, 2017.