The amount of time you have to file a lawsuit after you are injured in a fall varies by state. How long after a slip and fall can you sue in Florida? This article discusses the statute of limitations for personal injury lawsuits. According to 2014 data from the Florida Department of Health, falls are the leading cause of non-fatal injury hospital admissions as well as injury-related deaths in the state. Many falling injuries result in substantial medical bills and long periods of missed work, which can severely impact your ability to support yourself and your family. If you are hurt in a slip and fall accident, especially if you suspect another party’s negligence caused or contributed to your fall, it is in your best interest to explore your legal options for financial recovery. But you don’t have unlimited time to file a lawsuit, so you need to start the process sooner rather than later. In the Sunshine State, how long after a slip and fall can you sue? Florida’s Slip and Fall Statute of Limitations In Florida, the statute of limitations to file a lawsuit against a property owner for a slip and fall injury (and personal injury in …
Preventing Hurricane Injuries Is Possible When You Have the Facts
During a hurricane, injuries can happen to anyone—but if you are ill-prepared, you carry a bigger risk. This article discusses how you can prevent hurricane injuries during the next storm. It is not a matter of if but a matter of when the next big hurricane will hit South Florida. Here in Miami, we like to think that we are always prepared, but are we really? After all, anything can happen during a storm, and it can happen to anyone. You might think that it’s not possible to prevent an accident from happening—to an extent that is true. But you can drastically reduce your chances of getting hurt by taking a few simple actions before and during a hurricane. How to Prevent Hurricane Injuries during the Next Storm Put a Plan in Place Every family needs to have a plan in place before another hurricane hits. From planning your evacuation route to stocking up on essential supplies in case you need to shelter in place, preparing for several eventualities may help you avoid becoming frantic. When you are calm and know what to do in a stressful situation, you are less likely to hurt yourself. Power Down If you are …
4 Types of Catastrophic Car Accident Injuries That Should Be Compensated
Catastrophic car accident injuries require serious medical attention. This article discusses a few situations in which you should seek compensation. Not all car accident injuries require the same amount of medical attention. Not all of them cause the same amount of pain and suffering, either. A catastrophic injury can change your life forever, leaving you with piles of medical bills and unable to work. On top of it all, your injury could leave you in constant pain and require years of rehabilitation to overcome—and that is often a best-case scenario. When your life is so irretrievably shattered, you deserve to be compensated. If you or a loved one suffer any of the following catastrophic injuries, you should speak to an attorney about what you need to do to get a fair settlement. Catastrophic Car Accident Injuries That Should Be Compensated Spinal Cord Injuries Spinal cord injuries can cause a wide range of issues, from diminished sensation to complete paralysis. Paraplegia and quadriplegia—the loss of function of the legs or all limbs respectively—can mean a life spent in a wheelchair. Aside from the lifelong cost of care following a spinal cord injury, there are also damages like loss of enjoyment and …
Do I Need Uninsured Motorist Coverage in Florida? 3 Reasons You Do
If you are wondering, “Do I need uninsured motorist coverage in Florida?” finding an answer might seem difficult. To make it easier, we provide three reasons you should have it below. As with any type of insurance, uninsured motorist coverage can help pay for your losses in the event of an accident. This particular type of coverage, however, can be essential if you are in an accident with a driver who is uninsured or whose coverage is inadequate to cover your injuries. In fact, we think it is one of the most important insurance decisions a person can make. Here’s why. What is UM coverage? Uninsured motorist insurance covers the injuries and damages that you and those covered under your policy sustain when involved in an accident with an uninsured or underinsured driver. It can cover things like your medical care, lost wages, and other losses you experience. Why You Need Uninsured Motorist Coverage in Florida Florida is a no-fault state. As a no-fault state, Florida requires drivers to use the coverage from their own policies before pursuing damages from the at-fault driver’s insurance. The minimum coverage for personal injury protection (PIP) that drivers are required to carry is $10,000 …
Your Whiplash Injury Claim Amount Could Hinge on This
Interested in learning how to protect your whiplash injury claim amount? This article discusses one critical aspect you may not have considered. Thousands of car accidents happen every day, and a large portion of those accidents result in some sort of neck injury. Since they see them so frequently, insurance companies are all too familiar with whiplash injuries—and how to avoid paying out for them. You should do everything you can to keep your claim free of any mistakes that might help your insurance company deny your claim. And that includes one seemingly simple choice you make following an accident. The Doctor You Choose Could Make or Break Your Case When you visit a doctor for treatment after your accident, you should be careful to choose someone who is reputable and qualified to treat your injuries. While you may not have a choice about the doctor who treats you first if you are in need of emergency medical services, you can choose where you go once you are no longer in immediate danger. This choice could prove to be one of the most important in the insurance claim process. The size of your whiplash injury claim amount could be impacted …
Car Accident Lawsuit: Should I Sue for My Injuries?
Wondering whether you should file a car accident lawsuit for the injuries you sustained in a crash? This article offers some advice. When you are hurt in a car accident, your first thought should not have to be about whether you will be able to afford medical treatment. In some cases, however, you will need to file a lawsuit to recover fair compensation for your injuries and suffering. If you are trying to decide whether to file a car accident lawsuit to pay for your injuries, here are some of the things you should know. What Makes a “Good Case”? Put into simple terms, a good case for a car accident lawsuit is any case that involves significant injuries, but it really depends on your situation. The other driver’s insurance may adequately cover your expenses, in which case there would be no reason to seek further compensation. If, however, the other driver’s insurance coverage is inadequate, offers a low settlement, or denies your claim, you will need to take legal action to compensate you for the damages suffered. Damages can range from injuries and loss of income to pain and suffering. When to File a Car Accident Lawsuit If you …
10 Grocery Store Injuries That Could Entitle You to Compensation
The average person goes shopping at the grocery store about six times per month. With 72 trips to the store every year, it should be no surprise that grocery store injuries are a relatively common occurrence. Whether you shop for your family’s food at Publix, Walmart, or a local supermarket, you should know that if you get hurt in a grocery store that you could be entitled to compensation for your injuries. Here are 10 common grocery store injuries and accidents that could mean you need to file a lawsuit. Common Grocery Store Accidents Many of the grocery store accidents can be classified as slip and fall accidents. For example, if an employee mops a section of the floor but fails to put up proper signage and someone falls, that person could be entitled to compensation for their injuries. Here are some of the most common accidents that occur: Slip and fall accidents due to debris Slip and fall accidents due to spilled liquid or wet floors Improperly placed floor mats Falling items Uneven or damaged pavement on sidewalks or in the parking lot While there are many more kinds of accidents that may occur at a grocery store, these …
Personal Injury Law: 4 Common Terms You Might Hear in Court
If you are ever involved in a personal injury case, you will probably hear some terms you have never heard before. Here are a few of the most common. Whether you are a victim of a slip and fall injury or an auto accident injury, if you pursue a legal case against the at-fault party, you will probably be overwhelmed with the complexities of Florida’s legal system. Part of the problem for many newcomers to the legal landscape is all the new unfamiliar terms that they encounter. To help you become familiarized before you see the inside of a courtroom, we have compiled a few that you are likely to hear. Statute of Limitations A statute of limitations is the amount of time that a plaintiff has to file a lawsuit. The statute of limitations for personal injury cases varies from state to state, but generally, it falls around 2-4 years. In Florida, we have a generous statute of limitations of 4 years for cases that are not considered medical malpractice. Negligence Negligence is a term that denotes one party’s carelessness or failure to act that results in damages to another party. As the plaintiff, you will be required to …
Should I Sue or Settle My Car Accident Injury Claim? Here Are the Advantages of Each
If you have been in an automobile accident, you may be wondering if you file a lawsuit or settle your car accident injury claim. While the best choice for you depends on the details of your case, each avenue has advantages. Allow us to break it down for you. Imagine you are in the hospital with a serious injury because another driver decided that the rules of the road did not apply to them. Maybe you don’t need to imagine. The good news is that, even if you decide that you need to file a lawsuit to cover your injuries and related costs, most of the time people settle out of court. Whether you are suing the insurance company or the driver responsible for your pain and suffering, here are a few things you should know about this critical decision. Advantages of Settling Before Going to Court Settling your car accident injury claim before filing a lawsuit has certain advantages. For instance, if you need money fast to cover your bills, settling can get you the cash you need. If you decide not to file a lawsuit, you can also avoid attending multiple lengthy court appearances over several months. One …
Can I Ever Reopen My Personal Injury Lawsuit? Don’t Settle Until You Read This
You are about to settle your personal injury lawsuit. After estimating the cost of your ongoing medical care, you have decided that the offer will be adequate to cover expenses, so you sign on the dotted line. Fast-forward six months and you still have not regained your full capabilities. Not only is your care more expensive than you imagined, you were not able to return to work as quickly as you thought. The money from your settlement is starting to dwindle. This scenario is much too common, and it begs a critical question: can you ever reopen your personal injury case if the compensation you received in the original settlement is insufficient? In most cases, you are not going to like the answer. Here is what you need to know before settling your case. Why You Probably Cannot Reopen Your Personal Injury Lawsuit If you have settled your case, you usually cannot reopen it to seek more compensation. Why? Well, with most insurance payouts and settlement agreements, you typically have to sign a release form. This release form effectively waives your rights to seek further damages for your injuries. Most courts will uphold the release form you signed, so challenging …
How Much Is My Car Accident Settlement Worth? It Depends on These Factors
Everyone who is thinking of filing a claim wants to know: how much is my car accident settlement going to be worth? The answer could range drastically from several thousand to hundreds of thousands of dollars. If you have been in an accident and want some reassurance that you are going to be able to pay your hospital bills and get compensation for missed work, it’s best to consult with an attorney before filing a claim. Searching the internet is an excellent way to do some preliminary research on what you might be able to expect in a settlement, but the truth is, your case is vastly different from someone else’s. While they are not the only factors for you and your lawyer to consider, three common factors can determine what you can expect in an accident settlement: The severity of your injuries Damage caps Personal injury protection coverage The Severity of Your Injuries Could Affect Your Car Accident Settlement If you are new to learning about Florida’s laws, you might be surprised to know that Florida is a no-fault state. The Sunshine State’s no-fault status requires victims of car accidents to first seek coverage for injuries through their own …
Negligent Security Lawyer: Can I Sue My Landlord for My Assault?
Were you assaulted in your apartment or place of business? A negligent security lawyer may be able to help you receive the compensation you deserve. Here is everything you need to know about negligent security lawsuits in Florida. According to the Florida Department of Law Enforcement, over 81,000 violent crimes took place in the state in 2019. These crimes range from simple assaults and robberies to more extreme cases involving sexual assault and homicide. If you are the victim of a violent crime while on someone else’s property, you may be able to file a negligent security lawsuit against the property owner to recover damages. Here’s what you should know. What Does Negligent Security Mean? Property owners have a duty to ensure the safety of others who set foot on their property. When they fail to provide adequate protection and that failure results in a violent crime, the property owner can be held liable in civil court. A negligent security lawsuit is a premises liability claim that allows victims to receive compensation for any physical and emotional injuries they sustain. Who Can I Hold Liable Under Florida Law? Under Florida law, plaintiffs can seek damages from many groups. Landlords, property …
What Happens When You Are Injured in a Store? 3 Things to Know
Do you know what happens when you are injured in a store? If you have never had a slip and fall accident, you probably do not know what to do if something happens while you are shopping. These accidents, unfortunately, happen every single day in Florida and around the country. You never know when you could come across unsafe conditions—even if the hazard is a simple puddle of milk on grocery store linoleum, a slip and fall can lead to a lifetime of pain and suffering. You must be prepared for anything, and that means knowing what happens when you’re injured in a store. Here are a few things you should know in case it happens to you. Obligation to Maintain a Safe Premises When a store is open to the public, it is obligated to keep the premises safe for patrons. If the store does not adequately maintain the premises, anyone who is injured may have cause to file a lawsuit to recover damages for injuries. Injuries that are a result of the negligence of the store can be serious, leading to long recovery times, costly hospital bills, and even permanent pain. What happens when you’re injured in a …
Florida Personal Injury Attorney: 5 Tips for Preparing for a Deposition
When you and your Florida personal injury attorney file a lawsuit against the insurance company, both parties are permitted to collect evidence during what is known as the “discovery process.” Depositions are part of this process. What is a deposition and how can you prepare for yours? Here are five tips to help you get ready. What Is a Deposition? In the context of a personal injury lawsuit against an insurance company, a deposition is a pre-trial interview conducted under oath. During your deposition, your attorney and the attorney for the insurance company will ask you a series of questions. Your answers to these questions will form your testimony, which will be recorded. Review All Relevant Documents During your deposition, the attorney for the insurance company will ask you all kinds of questions about your case. The answers you give could influence how the court views your lawsuit, so it is best to be prepared. You can start preparing by reviewing documents like accident reports, medical records, notes or journal entries you wrote after your accident, and any other documents that could be relevant. Take Your Time with Each Answer Depositions are often high-stress situations, so when you start answering …
What Does a Pedestrian Accident Lawyer Do?
The little man on the sign turns on, so you start walking across the crosswalk when—BAM!—you find yourself spread across the hood of some guy’s car. He’s just as shocked as you, by the look on his face. You never thought you would need a pedestrian accident lawyer, but here you are, in pain, more pain than you thought possible. Despite the pain, the first thought that pops into your head is, “This is going to cost a lot.” Probably more than you can afford. Good thing you and the at-fault driver have insurance. The question is, do you know how to get the most out of that insurance? Do you know how to get what you need for your injuries? What about pain and suffering? You think you can just file a claim and the insurance company—a for-profit company with a bottom line—is just going to hand over a fair settlement? If you weren’t in so much pain right now, you might get laughed at. If you are not sure whether you need to hire a pedestrian accident lawyer, there are some critical things that we do to help our clients that you should know about. Here’s what we …
Should I Try to Handle My Accident Claim without a Car Insurance Attorney?
For many car accident insurance claims, you should be able to go through the filing process without a problem, even if you do not consult with or hire a car insurance attorney, as long as the car insurance company acts in good faith. However, if you sustained injuries or someone close to you died as a result of an accident, your best course of action is to find an attorney you can trust to get you the justice you deserve. Here are four other reasons you should hire an attorney to take care of your claim. Your Policy Limits Might Not Be Enough to Cover Your Injuries In Florida, we operate as a no-fault insurance state, which means that each driver first must file a claim with their own insurance. While being a no-fault state makes accidents that do not result in injury or significant damage easier to handle, it also has drawbacks. For instance, when the cost of damages exceeds your insurance policy’s limits, things can get complicated. With multiple insurance policies in play and several parties trying to protect their interests, it is best to let a professional who knows how to navigate such a complex situation handle …
How to Prevent Bicycle Accidents in Key Biscayne: 8 Safety Tips for Cyclists
Miami is notoriously dangerous for cyclists. Bicycle accidents in Key Biscayne are especially common. Here’s how to stay safe this summer. Every summer in Miami, the roads and trails seem to fill up with bicyclists. With the restrictions surrounding COVID-19 slowly fading, this year will probably see lots of people out on their bikes. One of the most popular places to ride—Key Biscayne—is likely to see a lot of increased bicycle traffic, as well. It’s no surprise, considering the beautiful views of Biscayne Bay along the way. Unfortunately, the incidence of bicycle accidents in Key Biscayne will also rise as people start to take to the roads across the Rickenbacker Causeway and throughout the island. If you plan to ride your bike this summer, whether solo or with friends and family, here are a few things you should know about staying safe. Why Accidents Happen First, it’s important to understand why bicycle accidents happen before we discuss any safety tips. Knowing what to look out for will increase your chances of avoiding injury. Some of the most common reasons that bicycles get into accidents with automobiles include: Poor cycling infrastructure Inattentive driving and riding Failure to give right of way …
Can a Motorcycle Accident Lawyer Get My Medical Bills Paid?
Anybody who rides knows—motorcycles are a way of life. Unfortunately, motorcycles are also dangerous, even when the handlebars are held in experienced hands. No one expects to need a motorcycle accident lawyer to help them recover compensation for their injuries, but when you are in that position, you probably want to know that your attorney is going to be able to follow through. So, can an attorney help pay your medical bills after a motorcycle accident? Absolutely. But it’s not guaranteed. For that, you need to make sure that the lawyer you hire knows what they are doing. It’s not enough that they handle auto accidents—they should be knowledgeable about motorcycle accidents specifically. Why? Because they are different. Why Motorcycle Accidents Are Different It’s not just the lack of safety features, such as seatbelts and airbags, that make motorcycles so much more dangerous than other vehicles. It’s also difficult to see them on the road because of their speed and their small size. Regardless of visibility, though, other motorists owe a duty of care to those they share the road with, and not seeing a motorcycle is not an excuse. The injuries that motorcyclists sustain during an accident are also …