Articles Tagged with florida

You may not think accidents caused by road construction are common, but according to OSHA, every year more than 40,000 people are injured in work zone accidents, and every day three people on average die in accidents due to highway construction. 

Nearly 20% of the U.S. highway system is under construction in peak seasons, with active construction sites estimated to be about every 100 miles. 

Partly because of our wet weather and partly due to heavy traffic, road construction is common in Florida. While sometimes accidents can’t be avoided you can help keep yourself safe when going through work zones by staying alert and slowing down. 

Here in Florida our roads are congested which calls for careful driving. The possibility of a car accident should always be taken seriously, no matter how seemingly insignificant. Anyone who has been in an accident should see a medical professional within 48 hours of the accident. Florida, a “no-fault” insurance state, requires that you carry Personal Injury Protection (PIP), which covers up to $10,000 of medical expenses and/or lost wages. However, you must see an approved medical provider for your injuries within 2 weeks of the accident in order to be eligible for any financial compensation. 

The degree of injury in an auto accident varies depending on the speed of the impact, the size of the cars involved, the degree of safety features in the car, the angle of the impact, and the size, age, and health of the occupants and how close they are to the impact. In short, every accident is different, but few people escape an accident with no injuries. Some injuries, such as whiplash, may even take a few days or weeks to become evident, which is why medical attention is critical. 

Types of Injuries

With Florida’s tourist season well underway, it’s important to take extra precautions on the road, whether you are a Florida resident or a visitor to our beautiful state. Because of the influx of tourists, our roads become quite congested, which makes Florida one of the states with the highest car accident rates. This is not something we want Florida to be known for, so we encourage everyone to become aware of possible red flags in order to keep safe on the road. 

Common hazards on the road in Florida

When traveling by car in Florida, keep particularly vigilant for these red flags:

Florida is one of the most visited vacation destinations in the world. With numerous amusement parks, water parks, clubs, and beaches, not to mention NASA and the Daytona Racetrack, there are more reasons to visit Florida than almost anywhere in the world. Most of these destinations do their best to keep their property safe, but accidents can happen. We hope you are never injured when you are visiting Florida, but if you are, be sure to get immediate medical attention, inform a person of authority at the accident location (the manager on duty), document and take pictures of everything, and get names of witnesses and statements if possible. 

Hopefully, you will recover without incident. If your injuries are severe or long-term and you believe someone else’s negligence contributed to your injury, you might be entitled to compensation under Florida law. In order for you to receive compensation, the following conditions must be met: 

  • a third party had a duty to exercise reasonable care

If you’ve experienced a personal injury in Florida and have not received sufficient compensation for your injuries and losses, it’s critical to collect as much evidence as possible to support your position. The stronger the evidence, the stronger your case and the greater your chances of just and fair restitution for the harm you’ve experienced. 

Try to collect as much evidence as you can, but don’t wait until you think you’ve collected enough before you talk to an attorney. I know from my years of experience as a personal injury lawyer in Florida the kinds of evidence I will need in order to build a powerful case for you.

Strong Evidence for Your Case

If you have experienced an illness or injury and you believe it is due to the negligence of another person, business, or other legal entity, you may have a personal injury case. The requirements for a personal injury case are:

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

Losing a loved one is never easy, but losing a loved one to an accident or event that could have been avoided adds the pain of injustice to the pain of loss. If you have lost a loved one through an event that you believe was caused by negligence, please contact an expert in wrongful death cases to help you. Wrongful death lawsuits require an expert because they are not as straightforward as they may seem.

What is Wrongful Death?

The right to sue in the case of wrongful death is established in Florida’s Wrongful Death Act that specifically states:

Proving medical malpractice in Florida can be challenging, but if you or a loved one has experienced serious injury or death which you suspect was caused by medical malpractice, you should seek legal help from an experienced, dedicated, medical malpractice attorney. 

Medical malpractice occurs when a healthcare provider has not followed a reasonable standard of care, which has resulted in the injury or death of a patient. For medical malpractice purposes, “standard of care” refers to the level at which the average, prudent provider in a given community would manage a patient’s care under the same or similar circumstances. 

Therefore, in order to demonstrate medical malpractice in Florida, you must show that the healthcare provider owed you a duty of care, that the provider fell below that standard, that you suffered injury or damage that was caused by the healthcare provider’s breach of duty, and that injury or damage can be demonstrated legally. 

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