spring break car accident tips

Tips To Protect Yourself From A Spring Break Accident in South Florida

 

Every year between late February and early April, traffic fatalities rise in certain areas of the country.

Why? What’s happening?

 

Two words: spring break.

 

Those findings are from a new study that illustrates the spike in deadly auto accidents specific to “spring break destinations.

 

  • Traffic fatality rates in these areas during this time rise significantly for
    • Drivers under the age of 25
    • Among those who travel from other states
  • No increases are noted for areas that are not destinations for spring break

 


 

Below, we’re going to detail how Florida personal injury claims work if you are hurt in a spring break car crash.

 

Filing a Florida Claim after a Spring Break Car Crash

 

If you’re injured in an auto accident, the first thing you need to do isn’t file a claim, but seek medical care. Not only is this a good way to make sure your injuries get taken care of and that you aren’t hurt more than you realize, it increases your chances of winning compensation as well.

Your medical record will be a key piece of evidence in proving that the crash caused your injuries and that you deserve compensation for your medical expenses.

Next, your best course of action is to consult with a knowledgeable Florida injury attorney. He or she will be able to evaluate your case, and will make sure that you adhere to and understand the process.

 

Some important things to know:

 

  • Florida’s Injury Statute of Limitations.
    Under Florida law, you must file an injury lawsuit no more than four years from the date of the accident. File outside of that timeline and your case will likely be dismissed.
  • Florida’s Pure Comparative Negligence Rule.
    When discussing your possible compensation amounts with a personal injury lawyer, it’s important to know that the amount may be adjusted according to the pure comparative negligence rule. This rule says that winning plaintiffs will receive compensation for their injuries according to their percentage of fault in the accident.

 

Filing a Florida Claim after a Spring Break Car Crash

 

For example, if a drunk driver hit you and caused your injuries, but you were speeding at the time of the accident, the court may determine that you are 30 percent at fault for the accident. This means that any compensation you receive will only be 70 percent of the awarded total. If your total award is $100,000, you will be eligible to receive $70,000 due to the 30 percent reduction under the pure comparative negligence rule.

 

  • Florida’s No-Fault Car Insurance Law.
    In the majority of traffic accidents, each driver’s insurance company will be responsible for up to $10,000 in various expenses like medical bills and lost income – no matter who is at fault for the accident.

 

It is only when serious injuries occur that you can sue for additional damages. The requirements include the following types of injuries resulting from a car crash:

 

  • Significant or permanent bodily function loss
  • Significant or permanent disfigurement or scarring
  • Permanent injury

 

A skilled attorney will know if your injuries meet the serious injury threshold, and therefore will be eligible for greater compensation.

 

  • Damage Limits in Florida Personal Injury Lawsuits.
    In car accident lawsuits, Florida courts set limits on the amount that can be compensated for punitive damages, which often apply to non-economic damages like pain and suffering.

 

You can file for the greater of either triple the amount of damages or $500,000. This normally applies only to extreme cases where the behavior of the driver was exceptionally reckless or dangerous.

 

How a Florida Personal Injury Attorney Can Help You Fight Back

 

If you are hurt in a Florida spring break car crash due to another’s negligence, you shouldn’t be stuck with all the bills for a serious injury. Unfortunately, dealing with insurance companies is often a tough challenge, and you have additional hurdles if you were injured on a visit to Florida as so many spring breakers are.

 

firm-attorneys-injuyr law

 

A skilled Florida personal injury attorney can ease your burden in dealing with all of this and help you fight to get the compensation you deserve. Reach out today for a free case review. We will look over the details of your situation and let you know what options are available to you.

 

 

When your life has been turned upside down due to another’s negligence and you are drowning in bills and struggling to recover, you want to make sure you work with the best law firm you can find.

What is the difference between a high-quality injury firm and one that will only do the bare minimum? The people who work there. That is why The South Florida Injury Law Firm is made up of some of the most well-respected and successful injury attorneys around.

Our lawyers have more than 60 years of combined injury law experience, and they have handled just about every type of Florida injury case you can imagine. They are members of the Million Dollar Advocates Forum, an elite group of attorneys who have helped settle injury cases worth more than a million dollars. They have been named to Florida Trend’s Legal Elite. They are recognized by the Florida Workers’ Advocates group.

Perhaps even more importantly, they have received glowing reviews from clients – and they get results.

 

 

 

Construction cranes of high-rise residential buildings in the big city, view of the evening sky

Crane Accidents and Construction Injuries

Crane Accidents and Construction Injuries 1 Personal Injury Claims South Florida Injury Law Firm

 

Imagine sleeping soundly in bed and then a loud crashing crane comes through your roof.
It was a scene that happened this week in North Miami Beach, where a crane that was being used to repair a seawall slid off a barge and struck the roof of a condominium building.

“I was very lucky because that crane was in front of my apartment two days ago.” said by C. Spetsiotas, a resident of the condo.

 

Eight units of the building are now off-limits while structural engineers assess the safety of the building. The U.S. Coast Guard is also investigating, along with OSHA

Crane accidents have happened in the past, with unfortunately worse outcomes. In Hallandale Beach, a 27 year old was killed when a crane toppled over.  One man died and two others were left injured in Hollywood when the scaffolding collapsed.

 

Causes of Construction Accidents


 

Florida construction sites are littered with hazards at every turn. To execute dangerous tasks that these projects require, heavy construction equipment and tools are used, many of which are performed at great heights and under extremely hazardous conditions.

Although federal and state laws that require employers to maintain a safe workplace, some do not. There are instances where contractors take shortcuts to turnaround projects faster and reduce expenses, posing a risk to people who work on the sites and the local pedestrians.

 

Some common causes of construction accidents include:

 

  • Cranes, ladders and fixtures falling from buildings and walls
  • Toxic substance exposure
  • Defective construction and tool equipment
  • Improper use of equipment
  • Improper or insufficient training
  • Misuse of tools and other equipment
  • Poor safety precautions and oversight

 

 

Construction Site Safety and Your Rights


Crane Accidents and Construction Injuries 3 Personal Injury Claims South Florida Injury Law Firm

Safety measures on construction sites are supposed to be followed by the Occupational Safety and Health Administration (OSHA) standards.  There are clear standards for cranes, crane operations, crane training, fall protection, scaffolding, ladders, hazard communication, machinery, and many other aspects of a construction site project and operations. A party’s failure to abide by OSHA standards may be evidence of negligence if that failure caused an accident.

If you or someone you know have suffered any construction related injuries, or others that are not listed, compensation may be awarded and should contact our experienced Florida construction accident lawyers at South Florida Injury Law Firm today to discuss your legal options with our Free Case Review

Also, you may be entitled to recover more money than a workers’ compensation claim alone could provide. You may also have claims for medical bills, pain and suffering, permanent limitations and past and future lost earnings.

Because of the numerous contractors, subcontractors and other parties often involved in construction sites, it can be difficult to determine exactly who should be held responsible for your injuries or the death of a loved one.

 

 

 

Types of Available Compensation


 

Workers’ Compensation
Almost every employer is required to carry workers’ compensation insurance. These benefits can help an injured worker cover medical expenses and lost wages and are available to a worker regardless of the circumstances surrounding an accident that causes injury.

 

Personal Injury
Although a worker cannot file an injury lawsuit against their employer, it may be possible to file a claim against a third party whose negligent actions led to your injury. A personal injury claim is also available to non-workers who are injured on a construction site.

 

Product Liability
If a defective product caused your injuries, it may be possible to bring a claim against the manufacturer, retailer or wholesaler of that product.

 

Wrongful Death
If you have lost a loved one in a construction accident, you may be entitled to file a wrongful death lawsuit seeking compensation for your loss.

 

 

Construction Related Accident and Injury Help


 

With decades of experience handling these types of complex cases, our South Florida Injury Law Firm construction accident lawyers have the skills and the resources needed to conduct a thorough investigation. You can rely on us to put your interests first and will work to help you recover the maximum compensation you are entitled.

 

Schedule a free consultation by calling (954) 488-JEFF (Fort Lauderdale), (954) 488-JEFF (Boca Raton & West Palm Beach), or 877-566-8759 (toll-free). You can also fill out this online form to set up your case evaluation. We’re a dedicated team of personal injury lawyers who work on a contingency basis and will take your calls at any time, on any day of the week.

car crash home miami dade gardens attorney law firm accident

Car Accidents At Home

Car Accidents At Home 4 Personal Injury Claims South Florida Injury Law Firm

Car accidents can happen anywhere. Especially where you least expect it. Parking lots, driveways, parking garages, and drive-thrus are well-known for accident scenes.
Even your own living room.

 

On Wednesday, August 21st, an accident involving two cars ended up crashing into a Miami Gardens home. One of the drivers was air lifted to a nearby hospital.

The resident, who was inside his home at the time of the crash, stated:

“This isn’t the first time something like this has happened”

 

He’s right.  In just the last few months of 2019, there have been multiple car accidents in South Florida that have also caused damages to a home. In March, a driver smashed into a house in North Lauderdale in the middle of the day.  Another driver was hospitalized in April after crashing into a house in Lauderhill. Another driver attempting to avoid a collision drove straight into a Miami home in May.

 

Unfortunately, these instances are becoming too common throughout Dade, Broward and Palm Beach counties. It’s important to pay attention while on the road and arm yourself with knowledge, whether you’re the driver or passenger in a car accident or inside a home and have sustained damage or injuries from a car collision.

Know Your Rights

 

Under Florida Law, you may be entitled to monetary damages if you have been injured through the negligence or recklessness of another person. Damages may include reimbursement or compensation for:

 

  • Past and future medical costs
  • Home damage liabilities
  • Pain, suffering, and inconvenience
  • Lost wages or economic opportunities
  • Funeral expenses
  • Grief and suffering

 

A Personal Injury Case Begins Before You Leave the Scene of a Crash

 

While the circumstances behind each of these accidents are different, one fact holds true for all—the time immediately following the crash can be stressful and confusing.

 

Here are the seven most important things to do if you are involved in a South Florida auto accident.

 

  • Remain at the scene.
    If an accident has occurred, it is essential for you to remain at the scene. It is your legal obligation to stop if you collide with anything, even if you do not think there is any damage.
  • Prioritize safety.
    Take steps to ensure the safety of you, your passengers, and other drivers. If your vehicle is causing a major traffic obstruction, move it out of the road to a safe location and turn on hazard lights. Check for injuries and determine if anyone needs major care.
  • Contact the police.
    Even if the accident is minor, call the police. When cops arrive at the scene of the accident, request that a police report be filed and get the names and badge numbers of the cops involved.
  • Document information.
    Document as much information about the accident as you can while limiting discussion of the incident with the other driver.
  • Report the incident to your insurance company.
    Notify your insurance company as soon as possible. Many insurers have a policy that requires you to report the accident within a certain time frame in order for the incident to be covered.
  • Seek medical attention.
    Even if you do not notice any serious injuries at first, you should seek medical attention as soon as possible. This is particularly true if you notice any pain or strange effects in the aftermath of an accident, but it’s not uncommon to begin feeling more pain a day or two after a car collision, and you don’t want to wait that long if you can help it.
  • Consult with an auto accident attorney.
    Even if your case seems straightforward, it’s highly advised to consult with a car crash lawyer after an accident. Working with an attorney can improve your odds of obtaining the maximum amount of compensation. If a settlement cannot be reached, your attorney will be ready to take your case to court.

 

Find out more on what do after a car accident in South Florida

 

Help protect your friends and family by giving them the one essential tool they need to drive safely—knowledge.

 

Get The Help You Need

 

If you’ve been hurt in a vehicle accident in a parking lot, drive-thru, parking garage or inside a home where an accident has occurred, you may be eligible for compensation for your injuries. The South Florida Auto Accident and Personal Injury Lawyers understand your needs and dedicated to helping their clients get the maximum compensation for medical bills, lost wages, and pain and suffering.

 

Schedule a free consultation by calling (954) 488-JEFF (Fort Lauderdale), (954) 488-JEFF (Boca Raton & West Palm Beach), or 877-566-8759 (toll-free). You can also fill out this online form to set up your case evaluation. We’re a dedicated team of personal injury lawyers who work on a contingency basis and will take your calls at any time, on any day of the week.

Florida Personal Injury Claims: What Kinds of Damages Can You Sue for?

Florida Personal Injury Claims: What Kinds of Damages Can You Sue for?

Florida Personal Injury Claims: What Kinds of Damages Can You Sue for?

If you have recently suffered a personal injury and are currently considering filing a claim, you are likely asking yourself whether the effort will be worth your time. Frankly, the answer to that question depends on what the incident has cost you.

In a personal injury case, when a judge or jury finds there is a person or company legally responsible for the incident, and subsequently, your injury, monetary damages can be awarded to you.

There are four general ways personal injury damages within a claim will be classified, and in this post, we will share information about each category and provide examples for each of them.

This is by no means an exhaustive list of examples within each category of damages, and an experienced Florida personal injury lawyer will be able to help you understand the best way for you to financially recover from your personal claim.

Economic or Special Damages

These are the actual costs of medical treatment, estimated future medical expenses, lost earnings, future lost earnings, property damage, or other out-of-pocket expenses.

The medical portion of damages should include every expense that the plaintiff has had to pay out over the course of receiving treatment, and should also factor in what future medical costs will be. These amounts alone can add up quickly, especially in cases in which a plaintiff has become permanently disabled and is in need of adaptive devices or lifelong nursing care.

Lost wages calculations will usually factor both work the plaintiff had to miss due to treatment (whether it was paid or unpaid time off) and work that will likely be missed in the future. Further, when a plaintiff has become permanently unable to work – or their capacity to work has been permanently reduced – lost wages over their lifetime may be calculated into the award.

Non-economic or General Damages

These are awarded upon the evaluation of elements like pain and suffering, inconvenience, emotional distress, loss of consortium (companionship of husband, wife, or partner), or loss of enjoyment of life.

Pain and Suffering is one form of general damages which juries tend to award generously. Often responsible parties (and their insurers) are inclined to offer a settlement to avoid this. During the settlement process, insurance companies typically employ a “pain multiplier” strategy in order to arrive at a fair and reasonable number which involves the total of actual financial losses multiplied by a number the insurer deems appropriate, usually between 1.5 and 5.

Emotional distress is often related to pain and suffering damages, but is usually a bit more difficult to prove. Psychiatric records and medical diagnoses of post traumatic stress disorder are a couple of ways you can provide evidence.

Loss of companionship or consortium is another one that can be tied closely to pain and suffering. These damages are sought when an injury has significantly altered the relationship between the victim and family member(s) or when a wrongful death has occurred, which means the complete loss of the relationship.

The previous two categories of damages are considered “compensatory” – or compensation for damages incurred through the case injury. But there are also two additional types of damages that are usually utilized by the courts to maximize the effects the proceedings may have on the defendant, specifically as it pertains to the deterrence of future similar actions.

Punitive Damages

These are specifically designed to punish the defendant for grossly negligent or particularly egregious actions, and are awarded at the discretion of the court. Often the judge wishes to make an example of the defendant, and feels compensatory damages aren’t enough to deter the offender or others from the same actions in the future. Another situation in which punitive damages may be awarded is if a judge does not believe that the other damages amount to a reasonable punishment.

Treble Damages

Treble damages are similar to the way an insurer might come to a settlement number, but these damages are determined by the court, as well. Under special circumstances, when the court rules in your favor, you may be awarded up to three times the amount of certain damages.

One scenario is that the offender must have knowingly and deliberately committed the acts. Another would be a case where the defendant violated the public good – excessive or repeated drunk driving charges which finally result in a fatality, for instance.

Fort Lauderdale Personal Injury Law Suit

Additionally, when a defendant explicitly requests this type of award up front in the initial lawsuit, and can clearly establish intentional malice, judges and juries will deliberate on the request very seriously. In most cases, treble damages are awarded when punitive damages are not involved in the suit.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

My Brakes Went Out and I Crashed – Who's Responsible in FL?

My Brakes Went Out and I Crashed – Who’s Responsible in FL?

My Brakes Went Out and I Crashed – Who's Responsible in FL?

This may be obvious, but if you are at fault in a car crash, you can’t receive compensation from anyone.

However, you may be too quick to blame yourself if your brakes failed and caused the crash. There are a number of parties who could potentially be at fault for your car accident, so don’t chalk it up to user failure until you speak with an attorney.

Keep reading to know what to do after this type of crash and who you may be able to hold responsible.

Potentially Liable Parties in a Florida Car Crash Where Brakes Fail

You. Okay, we know we said you shouldn’t jump to this conclusion – and you shouldn’t. However, you do have to consider the possibility.

If you neglected maintenance on your car or did work on the vehicle yourself, there’s a good chance that you are the one who is going to be found responsible.

Don’t panic yet, though. There are other possibilities.

Car manufacturer. This is probably the potentially responsible party that will occur to you first. After all, it’s possible that the actual brake part was defective.  If this is true, you may be able to file a product liability case. A skilled injury attorney will be able to look at the facts and tell you whether they believe you have a strong case to hold the car manufacturer liable for your injuries.

Part seller or manufacturer. Even if you did the work yourself, it’s possible that you could have been working with a defective part you bought from the parts store. In this case, the responsible party could be the seller or the company that manufactured the part and sold it to them.

Auto mechanic. Another possibility exists with your car mechanic. Let’s say you recently got work done on your car. If the car mechanic either did not install a part correctly, or failed to do a complete inspection, the mechanic could be named in a lawsuit.

Of course, knowing who can potentially be held liable is just the first step. In order to actually win a case against them in court and get the compensation you deserve, there are a number of things that you will need to do.

What to Do After a Florida Car Crash

Regardless of who or what caused your crash, it’s vital that you seek medical care as soon as possible following your crash. Some serious injuries do not show up right away, and this is the best way to verify you’re okay – or at least catch things before they get worse.

Additionally, your medical record will be a crucial piece of evidence if you need to file a personal injury claim.

Be sure to consult with a Florida injury attorney soon after your car crash. In Florida, you have four years to file a case from the accident date. If you miss that deadline, you cannot gain compensation.

What If Florida Courts Find That You Are Partially Responsible?

Due to the laws in Florida, your compensation amount will be adjusted according to the pure comparative negligence rule. If you are at least partially responsible for the accident, your compensation will be adjusted by your percentage of fault.

For example, if your mechanic failed to complete an inspection on the brakes, but you were a distracted driver at the time of the accident, you may be deemed 30 percent at fault for the accident. In other words, if you are awarded $100,000 in compensation, if you are found 30 percent responsible, you’ll only receive $70,000 of that award.

South Florida Car Accident Claims

 Still, if you’re in an accident where you get hurt and accrue medical bills, even partial compensation is going to be well worth it.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

Hurt on Vacation in Florida - What to Do Next to Protect Yourself

Hurt on Vacation in Florida? What to Do Next to Protect Yourself

 

Most seasoned travelers have at least one crazy story of a mishap or injury that occurred while traveling. Unfortunately, vacation injuries and illnesses are relatively common, and they are particularly difficult to deal with in an unfamiliar place.

If you are injured on vacation, you may be forced to cancel the rest of your vacation, and could even be left with debilitating injuries. Fortunately, you can mitigate these risks by being aware of common causes of vacation injuries, and by knowing what to do in the event of an injury.

Below we discuss common causes of vacation injuries and how to avoid them, as well as how to protect your rights if you are injured.

Injury Risks Floridians Face While on Vacation

When vacationing, you are in an unfamiliar locale, possibly with other tourists from all over the world. Vacationers also tend to let their guard down to relax, and may also indulge in alcohol. These factors lead to an increased risk of accidents, and also make tourists an ideal target for criminals looking to take advantage of the situation.

Below are just some of the most common injuries and accidents people experience on vacation.

Car Accidents. Car accidents are the leading cause of death among healthy travelers. The Centers for Disease Control estimates that as many as 25,000 tourists worldwide are killed in car accidents annually, and many more are seriously injured. Car accidents become more likely on vacation because you’re driving in an unfamiliar place, and may be unaware of local driving laws and practices.

To decrease the risk of car accidents, use ridesharing services whenever possible. That way the driving is taken care of, and there’s also no need to worry about parking. If you do drive, be sure to pay full attention to the road – let your spouse answer the ever-present “Are we there yet?” coming from the back seat.

Slips, Trips and Falls. Thousands of people are admitted to U.S. emergency rooms annually due to slip, trip, and fall injuries, which can be quite severe. Slip, trip, and fall injuries are more likely while on vacation because you’re in an unfamiliar place, and due to hazards such as poorly maintained beaches, slick spills in restaurants and hotels, poorly maintained flooring, or uneven carpeting.

Illnesses. When you’re traveling, you’re coming in contact with other tourists from all over the country and world, so are likely to be exposed to all kinds of nasty bugs. This is especially true on cruise ships, where travelers are living in close quarters, and typically enjoy buffet-style meals. Cruise ships are particularly notorious for outbreaks of norovirus, especially if proper food safety and sanitation practices are not in place.

Hurt on Vacation in Florida? What to Do Next to Protect Yourself 5 Personal Injury Claims South Florida Injury Law Firm

To help avoid the risk of illness, make sure that you get the recommended immunizations before going, and are aware of hazards such as insect-borne illnesses endemic to the region. Finally, check the traveler’s health report for your destination before you leave.

Theft and Negligent Security. Unfortunately, tourists make easy targets for petty thieves and con artists. If your accommodations do not have appropriate security practices in place to mitigate hazards unique to the locale, these incidents become more likely.

What to Do if You’re Injured on Vacation in Florida

If you or a family member are injured on vacation, it’s important to take the right steps as soon as possible to ensure your family’s safety – and to protect your rights.

Notify. If you are hurt, notify the appropriate people as soon as possible. If you are injured in a place of business, notify an employee. If you get in a car accident or fall victim to crime, call the local authorities right away, and do not leave the scene of the incident if possible.

Document. Vacation accidents often happen in the blink of an eye, and may cause you to become flustered and miss crucial details. Fortunately, it’s much easier to document an accident in the era of smartphones. Take as many pictures as you can of the scene, your injuries, and any possible factors that could have contributed to the accident.

Collect information. Take down the contact information of witnesses or anyone involved in the incident. If you are injured in a place of business, ask the manager for their contact information. If you see a physician, be sure to collect their contact information as well, such that you can access your medical records later if needed.

Seek Medical Care. If you are injured, seek medical attention as soon as possible, even if you don’t feel that your injuries are severe. Adrenaline masks pain, so it’s likely that you’re hurt worse than you know. A physician can also look for injuries such as internal bleeding that may not be readily apparent at the scene of the accident. Seeking medical attention is also important in documenting your injuries.

Boca Raton Personal Injury Attorney

Seek Compensation if Appropriate. In many cases, vacation accidents and illnesses could have been prevented by appropriate safety precautions. If you are injured as the result of someone else’s negligence, consider holding them accountable by seeking compensation. Keep in mind that any lawsuits will be filed locally, so you will need to contact a local personal injury attorney. An experienced Florida injury lawyer will also be familiar with local liability laws.

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

4 Things to Know About Florida Slip and Fall Cases

4 Things to Know About Florida Slip and Fall Cases

4 Things to Know About Florida Slip and Fall Cases

 

People slip and fall all the time. Sometimes the accident is minor and we simply get back up and go about our business. Other times, a slip and fall could cause serious, long-lasting injuries.

 

But just because you are injured in a slip and fall accident, that doesn’t automatically mean you have a personal injury case on your hands. There are a number of factors to consider about your slip and fall accident if you want to be able to sue for damages.

 

1. If your slip and fall was due to someone else’s negligence, then you might be able to sue.

 

If you slip and fall due to your own clumsiness, you probably won’t be able to sue anyone for damages. But don’t just assume that a fall is your fault and you should have been more careful. A property owner is responsible for keeping their business or property in a “reasonably safe condition” for customers and visitors. So if there’s a safety hazard or concern, the property owner is required by law to quickly fix it or notify people about it. Otherwise, they run the risk of a lawsuit if someone is injured.

 

2. The property owner or manager must have actual or constructive knowledge of the hazardous condition.

 

If a property owner or manager knows that there is a hazardous condition, that’s considered actual knowledge. When someone is aware of a safety issue, they have to remedy the situation in order to keep the premises safe. Constructive knowledge, on the other hand, means that the owner or manage should have known about the hazard.

 

Constructive knowledge can be shown by circumstantial evidence in one of two ways according to Florida law:

 

  • The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
  • The condition occurred with regularity and was therefore foreseeable.

 

So a property owner needs to anticipate foreseeable hazards and make sure they are taken care of to avoid potential lawsuits.

 

Boca Raton Slip and Fall Lawyer

 

3. There is a statute of limitations for when you can file a slip and fall lawsuit.

 

When filing a lawsuit, Florida law has a statute of limitations that sets a deadline on how long you have to sue someone for your injuries. For slip and fall accidents, you have four years from the date you were injured to file a lawsuit. Florida recognizes that sometimes injuries may take time to present themselves. Four years is actually a decent amount of time considering most states only allow for two or three years, with three states – Maine, Minnesota, and North Dakota – allowing for six years.

 

4. Your slip and fall case might bring up comparative negligence.

 

While a property owner should have been aware of a potential safety hazard, you – as the victim – should also be aware of your surroundings. The courts may weigh your own negligence against the negligence of the property owner and determine who was the most at fault. For example, if you could have taken strides to avoid a slip and fall but didn’t, you might be seen as comparatively negligent, which could result in less damages or possibly even no damages.

 

Every slip and fall case is different. That’s why, if you’ve been injured in a slip and fall accident, you should contact an experienced Florida slip and fall attorney who will be able to determine if you actually have a personal injury lawsuit and can hold someone liable for your injuries.

 

 

About the Author:

 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

Everything You Should Know About Florida PIP Laws for 2016

Everything You Should Know About Florida PIP Laws for 2016

Everything You Should Know About Florida PIP Laws for 2016

Right now, all Florida drivers are required to have car insurance coverage that pays personal injury protection (PIP) benefits, but that may come to an end in 2019 if some lawmakers get their way.

 

Florida currently operates under a “no-fault” system when it comes to paying insurance claims after a car accident. If a driver is involved in a car crash, their PIP coverage will kick in to pay for the cost of medical care or other non-medical related costs associated with the crash. The non-medical costs could include lost income or replacement benefits, such as needing to hire someone to complete regular household chores.

 

Back in December, Representative Bill Hager, R-Delray Beach, filed House Bill 997 and Senator Jeff Brandes, R-St. Petersburg, filed Senate Bill 1112 in hopes to reduce fraud in the no-fault, personal injury protection system. Instead of PIP coverage, motorists would need to be at a minimum limit for property damage and bodily injury liability coverage.

 

Most Florida drivers already have bodily injury coverage, so if the PIP system is repealed, lawmakers might not have to do much to replace the current no-fault system. It’s also important to note that ending PIP benefits wouldn’t really affect too many motorists, because only a small amount of people have the minimum coverage. And someone who is likely to commit fraud will find another way.

 

So in light of this news, let’s look at what’s currently in place and what you need to know about PIP laws.

 

Florida No-Fault System

The No-Fault System

 

As mentioned above, Florida is a no-fault state for car accidents. So if you’re involved in a collision, you will turn to your auto insurance company to pay for any medical care or other losses. Regardless of who is to blame for the accident, you can use these benefits.

 

PIP benefits will also cover your child, household members, and certain passengers who don’t have their own PIP insurance as long as they also don’t own a vehicle. If a passenger in your car is injured and has their own PIP insurance, then they will receive benefits under their own insurance. In the same vein, if you are injured while riding in someone else’s car, you will be covered under your own PIP benefits.

 

On the contrary, a “fault” state or a “tort liability” state operates differently. Drivers in these states can choose whether to file a claim with their own insurance company, the other driver’s insurance company, or take the other driver to court to show that he or she was the one to blame for the accident and therefore the one who is responsible for paying for the accident costs.

 

In other words, while Florida isn’t a fault state, we may be heading in that direction.

 

As it stands now, the only way a Florida driver can get around the no-fault system and directly pursue a claim against the at-fault driver is determined by the severity of the injuries. If someone is permanently injured, significantly or permanently scarred or disfigured, or experiences significant and permanent loss of an essential bodily function as the result of a car accident, the injured driver can sue the other driver.

 

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Florida Car Insurance Requirements

 

In order to legally drive in the state of Florida, all motorists need to have at least the minimum required auto insurance.

 

Florida’s minimum coverage is:

 

  • $10,000 in personal injury protection (PIP) benefits
  • $10,000 in property damage liability (PDL) benefits

 

While most states require bodily injury liability (BIL) benefits, Florida does not, although many drivers go ahead and get BIL coverage. BIL benefits pay for serious and permanent injury or death as a result of a car accident. So your insurance company will pay for injuries up to the limit of your policy, and also provide you with legal representation if the injured party sues you.

 

If you don’t have the proper insurance, it is illegal for you to drive on Florida roads and your license may be suspended, including your vehicle’s registration and license plate. And then, in order to get your license reinstated, you will have to show proof of the proper insurance as well as pay a reinstatement fee of $150 to $500 for every violation.

 

Regardless of whether you agree or disagree with the current system, it’s here for the time being. Along with having the required car insurance, you should also continue to be a cautious and safe driver any time you get behind the wheel. And if you are ever involved in a car accident, contact a Florida PIP accident attorney with a successful track record to see what options are available to your for compensation.

 

 

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Personal Injury? Why You Should Hire The South Florida Injury Law Firm

You might think that Florida personal injury lawyers are a dime a dozen. But while there are certainly a lot of us in the Sunshine State, it’s a lot harder to find an experienced, knowledgeable professional you’re willing to trust with your future.

 

At The South Florida Injury Law Firm, it is our mission to make sure Floridians get the settlement they deserve and that the liable parties are brought to justice. Whether you’ve been injured in a car accident, on a cruise, at work, because you used a faulty product or prescription drug, or any other scenario involving negligence, you deserve to be compensated for your injuries and your pain and suffering. Just as importantly, the responsible people or businesses should be held accountable for their actions so that others won’t be harmed in the same way.

 

With over 100 years of combined legal experience, our lawyers have successfully handled every possible type of personal injury case. This is important, because when you choose The South Florida Injury Law Firm, you know your case will be in qualified hands.

 

We Have the Experience You Need for Great Results. Our lawyers have distinct backgrounds that have prepared them with the skills necessary to get you your rightful compensation. We have a former public defender who can use that knowledge to your case’s advantage. One of our attorneys formerly worked for insurance companies, which means we know the best strategy and tactics to beat them at their own game. And we have accident lawyers who have exclusively practiced injury law and have been successfully helping victims since the beginning of their careers.

 

We Will Give Your Case the Attention It Deserves. Every personal injury claim is different. While you want an attorney who has experience with similar cases, you also want someone who will listen to the particular facts of your case and give you personalized attention and suggestions. Since we are a mid-sized law firm, we can give both you and your case our dedicated attention.

 

We Know Florida Injury Law. Besides attention, The South Florida Injury Law Firm will also provide an in-depth understanding of Florida injury law and how things work in Florida overall. We have been representing injury victims in Florida for decades, so we know what will work for your case for the best possible outcome. Our knowledgeable injury attorneys will be able to decipher the nuances of your case and build an effective strategy to ensure you will be well compensated for your damages.

 

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Honesty is Our Best Policy for Injury Claims

 

When you hire The South Florida Injury Law Firm as your attorneys, you can be sure that we will always be honest with you. We will give you an honest review of your case and tell you which factors will work in your favor and which factors might hinder your case’s outcome. We will also tell you what we believe your case is worth and how we can help you get the settlement you need to be able to return to your regular life.

 

For 25 years, we have been Florida residents’ go-to personal injury law firm. We have a proven track record of success, and would be honored to add you and your case to that ever-growing list. If you have been wrongfully injured and want to recover damages in order to move on from this emotional and stressful time, contact our experienced and dedicated accident attorneys today.

 

 

5 Reasons to Hire a Personal Injury Attorney

5 Reasons to Hire a Personal Injury Attorney

5 Reasons to Hire a Personal Injury Attorney

Imagine you’ve been in an accident where you were injured due to someone else’s negligence. Now you’re stuck dealing with insurance companies who are clearly trying to lowball you with a pay out that doesn’t even begin to cover the cost of your recovery.

 

You know you’re going to be dealing with this for days and months to come, repeatedly calling insurance adjusters, dealing with doctors, and generally just feeling helpless. You’re missing work, and you’re starting to stress. Regardless of what kind of negligence led to your injury, you have the right to fair and just compensation. A skilled personal injury attorney can help you in a number of ways.

 

Evaluation. The best personal injury attorneys are really good at what they do, and they know when something should be pursued further and when to let it go. If you’ve recently been in an accident or injured on the job or a specific property, fill out a case review form to see if your insurance claim deserves more attention. This can help with a lot of stress and can cut down on wasted time and money if nothing is going to come of the claim. Injuries happen, but a personal injury attorney will tell you if a claim is truly worth considering.

 

Insurance. As mentioned above, sometimes insurance claims and payments can be difficult and frustrating. In some cases, insurers act in bad faith and you may never see a dime, and in others you are not paid what you’re rightfully owed. A personal injury attorney can make sure that you file your claim properly, and they will deal with the insurance companies in your stead so you can focus on getting better. The people who earn the largest settlements after an injury are those who are represented by a personal injury attorney, but if you’re unable to win your case most personal injury attorneys do not charge fees unless they earn you a settlement.

 

Mediation. Often times, you will only request an attorney well after your injury occurs. In this case, you will probably believe that the insurance company, or whichever establishment was involved in your injury, owes you restitution. When you bring in a personal injury attorney, this allows further discussions on payment, restitution, and opens the door for mediation and alternatives to meeting in court. Odds are the insurance agency or other involved organization has their own lawyers, and you will be on an “even playing field” with your own personal injury attorney working for you.

 

Boca Raton Personal Injury Lawyer

Court Case. If your case does have to go to court, it is definitely ideal to hire a personal injury attorney. He or she will know to work within court standards, will be familiar with how to deal with a jury (if there is one), and will be able to present your case in a much more professional manner. Self-representing injury cases very rarely make it to court, and if they do, they almost never win.

 

Stress. While many people may be concerned about the costs associated with hiring a personal injury attorney, odds are that the cost is greatly outweighed by the benefits. Not only will you have an expert handling your personal injury case who will have won countless cases like this before – you’ll have someone else handling it period. When you hire an attorney, it becomes his or her job to work through the details and obstacles that arise, rather than having it all placed on you while you attempt to heal, work, and deal with everyday life.

 

 

About the Author:

 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.