South Florida Injury Lawyer Blog
Accidents that cause injury happen all the time, both large and small, from spilling coffee on yourself to an auto accident or house fire. An unfortunate incident becomes a personal injury case when someone else’s negligence caused your injury.
Florida law requires that the plaintiff in a personal injury case prove:
- The person or business who caused your injury owed you a duty of care
- The person or business was negligent in that duty
- You suffered injury or damage that was caused by the breach of duty
- The injury or damage can be demonstrated legally
In short, someone had the responsibility to show reasonable precaution, did not do so, you were injured by it, and you can prove it.
Types of liabilities and injuries
Negligence can occur in almost any setting and can have many causes. As an experienced Florida personal injury lawyer, I have the expertise to determine which type of case you have in order to provide you with the best representation. Sometimes more than one type of liability can apply, and more than one defendant can be found negligent, which could maximize compensation for your injuries.
General liability refers to any situation in which someone fails to use due caution, such as in an auto accident. Strict liability may be used in the case of animal attacks (wild or domestic) or abnormally dangerous activities. Premises liability refers to the responsibility of property owners to maintain a safe environment. Product liability could refer to defective design, defective manufacturing, failure to warn, or failure to properly instruct.
An almost innumerable variety of injuries can occur due to these forms of negligence, such as:
- Vehicular accidents, whether driven by individuals, Uber/Lyft drivers, or company employees
- Rental equipment injuries, including the use of off-road vehicles, water skis or jet-skis, scooters, bikes, or beach items
- Injuries from Florida outdoor activities, too numerous to list, such as horseback riding, hiking, cliff diving, hang gliding
- Animal attacks, from dog bites to alligator attacks
- Amusement park or swimming pool accidents caused by poor maintenance, lighting, or supervision
- Hotel or rental property injuries, anything from a shock from faulty wiring, a slip and fall caused by poor lighting, or a physical assault due to lack of security (which could also be a criminal case)
- Wrongful death, which could apply in any of these situations
People have a duty to safely operate vehicles or machinery. Rental products must be maintained and renters properly instructed. Hotels and public locations must be safe and well-kept. Animals must not be permitted to harm people.
Getting the best outcome from your personal injury case
Most people imagine a dramatic courtroom scene, complete with a sympathetic jury. While juries do tend to favor the injured party rather than insurance companies, going to court is exhausting and takes a great deal of time. Often, your best outcome takes place at the negotiating table.
As your personal injury lawyer, I will dig into the facts of your case, your medical treatments, and the extent of your injuries. I will calculate the long-term costs of your injuries, including physical, psychological, and social damages as well as long-term financial consequences.
Coming to the table with a tsunami of evidence and unquestionable calculations based on that evidence puts us in a position of strength, which forces a substantial settlement, because the insurance company will not want to go to trial before a jury.
At times, if I believe the evidence is strong enough, I may recommend a trial, but usually settlements can be quite significant and are much speedier and less stressful than a court case.
Because of my expertise and my reputation as an attorney who wins cases, defense lawyers respect me and often offer generous settlements to avoid expensive court cases. However, if they do not offer a reasonable settlement in a timely manner, I will take your case before a jury and fight for your rights.
If you have been injured in Florida and you believe it was caused by someone else’s negligence, contact me 24/7 at (954) 448-7288 for a free consultation to see how I can help you.