Articles Tagged with personal injury

In personal injury cases, Florida statutes follow the federal law that prohibits the use of hearsay in court, with notable exceptions. These exceptions make it possible to present as evidence what would otherwise be considered hearsay. An experienced personal injury attorney will understand the nuances of these exceptions and will know how to utilize them to help you receive the compensation you deserve. 

Hearsay defined

We’ve heard the saying “He said, she said” or “It’s his word against hers.” This is the situation the courts seek to avoid by banning hearsay. According to Florida Statute 90.801(1b), “‘Hearsay’ is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” The following section (1c) clarifies a statement as an oral or written assertion or even non-verbal conduct if it is intended by the person as an assertion (an example would be a nod or shake of the head).

When you’ve been hurt due to someone else’s negligence, whether it be an auto accident or some other vehicular accident, medical malpractice, slip-and-fall or other injury due to an unsafe environment, or product malfunction, you have the right to compensation for your pain, suffering, and expenses. 

Never negotiate a settlement for injuries without the help of an experienced personal injury lawyer! Insurance companies are motivated to save as much money as possible. Your personal injury attorney is motivated to win the highest level of compensation possible for you. As a personal injury lawyer in Florida, I am committed to “fighting for 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.

Grounds for a personal injury lawsuit

Over 12,500 spinal cord injuries occur in the U.S. every year, which can cause lifelong pain and disability for the victims. Car accidents are the leading cause of spinal cord injuries, with falls being the second leading cause. Motorcycle accidents and bicycle accidents are also among the top causes, along with diving injuries, medical and surgical complications, pedestrian injuries, falling objects, and extreme sports. 

Florida is number one in the country for fabulous attractions, water sports, and other pastimes, some of which can lead to injuries. Unfortunately, we also lead the country in car accidents, primarily because we have so many visitors to our Sunshine State who may not know the area or may be distracted as they look for their destination. 

If you have been injured in Florida, seek medical help immediately. If you believe the injury was due to someone else’s negligence, contact an experienced personal injury lawyer before making a statement to any insurer or signing any agreements. As a native Floridian and experienced personal injury attorney, I am committed to helping injured people receive fair compensation for all they have suffered due to the negligence of others. 

If you believe you have been seriously injured by someone else’s negligence, you may be eligible for compensation for your pain, suffering, and medical costs. In Florida, personal injury lawsuits are often filed due to vehicle accidents, slip and falls, faulty products, watersports accidents, and dangers in places such as parks, stores, rental units, or entertainment venues.   

As a personal injury lawyer and life-long resident of Florida, I am committed to helping Florida residents receive fair compensation to help them cope with the injuries sustained by someone else’s negligence. 

First steps when injured

If you’ve been involved in any kind of accident in Florida, whether it was a car accident or other vehicular accident, a slip and fall, or any other accidental injury caused by someone else’s negligence, your insurance company and the other party’s insurance company will try to get your medical records. Do not sign a medical release form without first talking to our team, or you may be signing away your chances for a fair settlement. 

Insurers may try to say that such medical release forms are routine. They may be routine for them, but they can be extremely detrimental to the injured party. Why? Because a medical release form will give the insurance company access to all your medical records, which they can and will use against you to limit or completely annihilate your claim. 

How does that work?

Traumatic Brain Injury (TBI) is a leading cause of death and disability for both adults and children in the United States. According to the Department of Neurosurgery at the University of Florida, 1.4 million Americans sustain TBI each year; about 50,000 die, 235,000 are hospitalized, and 1.1 million are treated and released. But often those treated and released have sustained injuries that were not properly recognized, and their injuries go undiagnosed for too long.

What is TBI?

A TBI is caused by a bump, blow, jolt, or other injury to the head that disrupts the normal function of the brain. The most common causes of TBI are falls, vehicle accidents, and being struck by or against an object. Vehicular accidents are the leading cause of TBI resulting in hospitalization or a visit to the ER. 

If you’re involved in a personal injury case in Florida, or you believe you have a case and are considering approaching a personal injury lawyer about it, there are some common terms you’ll likely hear. Your familiarity with them will help you understand your case better.

Common legal terms in personal injury cases

Plaintiff: the person who brings the complaint or the lawsuit. This can also be a group or party of people.

The deadly events at the Travis Scott concert on November 5, 2021, at Astroworld in Houston, have shone a glaring light on some of the dangers of attending a crowded public event. One would think that venues that frequently hold large events would have safety protocols in place to prevent tragedies, but unfortunately, that is not always the case. By taking a look at what went wrong in this event, you may be able to keep yourself safer when attending large venues with massive crowds. If you have ever been injured at a public event, you may be able to receive compensation for your suffering. 

Duty of care

In a personal injury case, you need to demonstrate that a person or business owed you a “duty of care” and that the person or business was negligent in that duty. In other words, the venue had a duty to take serious precautions, with appropriate procedures and safety standards in place, and to make sure those procedures and safety standards are enforced and followed. Negligence means that the venue either did not have these precautions in place, or they were not followed. 

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

Florida could be called the unofficial entertainment capital of the world. We have hundreds of attractions: amusement parks and theme parks, beaches, resorts, cruises, Everglade tours, art attractions, specialty zoos, and so much more. It really is a magnificent state, which is why more than 100 million people visit from all over the world every year. With so many visitors, it is inevitable that there will also be accidents. 

If you are injured while on vacation in Florida, your rights to seek damages are the same as they are anywhere else. The difference is that since you are from out of state and will presumably return home, you will need an expert personal injury lawyer here in Florida to continue to fight your fight while you go home to recover. 

Types of accidents while on vacation in Florida

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