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 1 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.

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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.

 

 

Boca Raton Personal Injury Attorney

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.

 

South Florida Work INjury Lawyers

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.

 

10 Mistakes That Could Ruin Your Personal Injury Case

10 Mistakes That Could Ruin Your Personal Injury Case

10 Mistakes That Could Ruin Your Personal Injury Case
When you’ve just suffered injury in a traumatic auto accident, it’s understandable that you feel a little shaken, panicked, and perhaps even a bit disoriented. But how you conduct yourself after an accident is a huge determining factor in your ability to file a successful personal injury claim. Below, we’ve listed some of the most common mistakes injured parties make that can result in claims being denied or significantly reduced in value.

 

Failing to call the police. When another driver causes an accident, he or she may try to convince you not to call the police. However, a police accident report is vital to your personal injury case, since it’s one of the clearest ways to demonstrate that you were not at fault. Without it, the other driver may try to manipulate the truth when speaking to their insurance company in an attempt to appear not at fault. Even in Florida, which is a no-fault state, this can be important for an injury claim.

 

Failing to seek medical attention. Medical documentation is very important to your injury claim. It’s essential to seek medical treatment after an auto accident as soon as possible—even if you feel your injuries were minor. Oftentimes, car accident injuries don’t fully materialize for days or even weeks after the accident. If you wait too long to see a doctor, insurance companies may argue that you couldn’t have been hurt that seriously, and therefore don’t deserve compensation, or that your injuries were sustained in another way.

 

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Failing to be honest with your doctor. While visiting a doctor after your injury, make sure to answer his or her questions as honestly as possible. Don’t try to conceal any previous injuries or illnesses, which can both impact the quality of care you receive and harm your legal case. If you supply doctors with false or partial information, you give insurance companies grounds to have their opinions invalidated in court.

 

Missing doctor’s appointments. Your medical records can be accessed by both insurers and juries. Your records will contain information about any missed appointments, and this information can be used as evidence of your lack of commitment to recovery or the minor nature of your injuries.

 

Neglecting to take prescribed medications. Much like missing appointments, neglecting to take prescribed medications or follow your doctor’s advice can demonstrate a lack of commitment to recovery, and severely harm your claim.

 

Ending medical treatment prematurely. If you stop your medical treatment too early, insurance companies may argue that you must be completely recovered from the accident. Similarly, if there are large periods of times between your treatments, insurers may argue that you could have recovered from your initial injury and may now be seeking treatment for an unrelated injury. It’s a good idea to continue treatment until you are confident in your full recovery, or a doctor advises you to do so.

 

Posting sensitive information online. Insurance companies are likely to search the internet for information that can invalidate your claim. If you use Facebook, Twitter, or other social media sites, refrain from posting details or photos of your injuries or the accident online in status updates, comments, or blog entries. Remove previous posts that could limit your claim, such as a post on an old injury.

 

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Losing important documents and information. To help your case, it’s highly advisable to keep track of medical treatments, doctor’s orders, and work restrictions. If possible, take photographs of your visible injuries—including scars and bruises—and the damage to your vehicle at the scene of the accident. This information will be invaluable when evaluating your case with your lawyer.

 

Giving in to insurance companies. To dissuade you from getting an attorney, insurance company representatives may contact you to try and reach a settlement. Without an experienced and aggressive attorney helping you, insurers know they will be able to get away with paying you a substantially smaller settlement. Always remember that insurance companies are first and foremost a business, and their main goal is to secure maximum profit for their company by paying you as little as possible. Never give a statement or sign a document with an insurance company before speaking with a lawyer.

 

Waiting too long to contact a lawyer. Under Florida law, you only are allowed a brief window of time to file a personal injury claim. That’s why it’s of the utmost importance to consult with an experienced Florida auto accident attorney as soon as possible. Your attorney can help you evaluate the true value of your claim, and keep insurers from bullying you out of the compensation you deserve. With your attorney’s assistance, you can fight for your right to compensation for medical bills, lost wages, and overall pain and suffering.