Articles Tagged with Florida personal injury

As electric bikes and scooters become more popular, accidents and injuries associated with them are naturally also on the rise. These injuries can occur when the rider is struck by another vehicle on the road, but they can also occur from unsafe surfaces or from a manufacturer’s defect in the e-vehicle or in your protective equipment. If you’ve been injured riding an e-bike or e-scooter and you think someone else’s negligence contributed to your injuries, you may be able to receive financial compensation for your injuries and damages.

Reasons for increased injury

One of the differences between electric bikes, scooters, and even skateboards is that they can go significantly faster than their non-electric counterparts. Drivers may not be prepared for the sudden appearance of someone on a micromobility vehicle, and riders may not be aware of the seriousness of injury that can occur when falling off one of these electric devices.

When you have been injured due to someone else’s negligence in Florida, you may have the right to compensation for your injuries, lost income, and other losses. This includes injuries sustained in any type of vehicle accident (on land, sea, or air), from unsafe premises, including hotels and public places, and from animal attacks and product malfunctions. It also includes recreational accidents (such as extreme sports, amusement parks, and other recreational activities widely available in Florida) and medical malpractice.

Whatever the source of your injury, it is critically important that you and your friends and family avoid sharing any information on social media that may jeopardize your case.

Proving negligence

When you have been seriously injured in Florida due to an accident, product malfunction, or medical malpractice, your severe injuries may leave permanent damage impacting all areas of your life. At The Quackenbush Law Firm, we fight for you to ensure that you receive the compensation you deserve.

I leave no stone unturned when I investigate and evaluate every aspect of the accident and its consequences in order to determine, based on all the facts, how this will impact your future life.  My goal is to ensure that you will have the resources to not only compensate for past expenses and take care of your immediate needs but to guarantee that you have the funding for ongoing medical care and fair compensation for your pain, suffering, and lost future earnings.

Long-term consequences

Unless you are an expert in negotiating personal injury claims or taking them to court, you need an expert personal injury attorney to help you with your personal injury lawsuit. Injured individuals are no match for the insurance companies, big business, big government, and big medical institutions that have the knowledge, know-how, and strategies to keep them from having to pay you fair compensation for all that you have suffered. Don’t try to face them without an expert standing between you and them, fighting for your rights.

Preparing a bullet-proof case

I became a personal injury lawyer because I believe in “fighting for the rights of the little guy” against the highly lucrative businesses, insurance companies, and medical institutions that have the financial resources to squash your efforts to recover damages due to their negligent behavior or faulty products.

A T-bone accident is a side-collision accident in which the front end of one car collides with the side of another. These types of accidents are common in Florida and are particularly dangerous to passengers, as most cars have no protective equipment to protect a person from a side impact. Front airbags have been shown to provide significant protection in head-on collisions, but with a side collision, even if the airbag deploys, the bodies of the occupants will be whipped sideways rather than forward, causing severe twisting of bones and ligaments and often smashing heads into the side windows. 

Side collisions are the cause of some of the most serious accident injuries for everyone in the vehicle, often proving to be life-altering or even fatal. If you or a loved one was injured in a T-bone accident, contact us right away. As a Florida personal injury attorney experienced in helping victims of auto accidents, I leave no stone unturned to help my clients receive the compensation they deserve. 

Causes of T-bone accidents

Vicarious liability, also called imputed negligence, is a legal doctrine that assigns responsibility for one person’s actions to another person if the two have a particular legal relationship that transfers power or authority from one person to the other. This can apply to the relationships of parent and child, husband and wife, owner of a vehicle and the driver, or employer and employee. 

Types of vicarious liability

In a parent-child relationship, if a minor child holds an underage drinking party on the family property, even if the parents do not know, and someone is injured due to the party, the parents are responsible for the breaking of the law and for any harm that may come from it. The minor may also be held responsible for his or her own actions, but the legal burden is upon the parents. 

Bicycle accidents can cause catastrophic injuries. Your body is completely exposed, and even a good bicycle helmet cannot protect you from the powerful impact of an oncoming vehicle. If you or someone you love has been injured due to an accident while riding a bicycle in Florida, please contact a Florida personal injury attorney who is experienced in bicycle accidents to help you receive the compensation you deserve.

Florida law

In Florida, a bicycle is considered a vehicle when riding on the road. Specifically, bicyclists are vulnerable road users, along with motorcyclists, skateboarders, pedestrians, and others not surrounded by the metal shell of a motor vehicle. There is currently no specific statute describing laws around vulnerable road users, but rules regarding bicyclists are sprinkled here and there in the statutes. For instance, Florida statute 316.083 states:

Florida is a frequent destination for college students on spring break. And while for most kids it is an opportunity for much-needed relaxation and fun before finals begin, for an unfortunate few, spring break can bring serious injuries from accidents that take place while away from home. 

If your child has been injured in Florida, the first step is to make sure he or she seeks immediate medical attention. The second is to make sure all critical documentation is collected to determine if the injury or accident was caused by someone else’s negligence, which could make your child eligible for compensation. As a Florida personal injury attorney, I know the types of accidents and injuries that can happen on spring break, I know what types of evidence you will need to collect, and I know how to present a solid case so that your child receives compensation for pain and injuries incurred due to someone else’s neglect.

Common injuries when on spring break

Florida law requires that someone filing a personal injury lawsuit be able to prove four things:

  1.       The person or business who caused your injury owed you a duty of care
  2.       The person or business was negligent in that duty

Can you sue a government entity in Florida? The concept of sovereign immunity goes back centuries and is a principle based on English common law that the government cannot be sued unless it consents. Over time, it became clear that the state should not have blanket immunity, but it took time to change the law in order to hold government agencies and their agents accountable for wrongful injury or death.

In 1946, the federal government passed the Federal Tort Claims Act (FTCA), allowing lawsuits against the federal government for injuries that occur on government property due to negligence of government employees when in the course of fulfilling their duties. It did not take long for states to follow suit, and Florida passed Statute 768.28, which provided the same opportunity for justice as the FTCA.

Causes for injury could include failure to maintain a safe environment, wrongful (negligent or reckless) actions, or failure to act appropriately. Wrongful death due to any of these causes is handled somewhat differently than a personal injury claim. If you have lost a loved one due to the negligence of a government entity, I am very sorry for your loss. I will do all in my power to hold the guilty persons or entities responsible for any injury, loss, or wrongful death that you or your loved one experienced.

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