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Articles Tagged with injury attorney

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The first thing you feel after being in a car accident where no one got injured is relief that the accident was not worse than it was. Only then do the worries about finances start. How much will it cost to fix your car? Will you be able to get to your job while your car is being repaired, and if so, how much will you have to pay for alternative transportation, such as rideshare rides or a rental car? Do you have the money to pay your insurance deductible? How much will your car insurance premiums increase as a result of the accident? If you have to go to court, how much time and money will that cost? Your options for the most cost-effective way to pay for property damage vary according to the circumstances of the accident. Freeman Injury Law can help you choose the best course of action.Florida personal injury lawsuit

Florida Car Insurance Basics

Everyone who registers a vehicle in Florida must have two kinds of insurance. The first is Personal Injury Protection (PIP) insurance, which covers medical bills and injury-related lost income only; it does not pay for property damage. The other is property damage liability insurance, which pays for repairs to the other driver’s car if the accident is your fault. What do you do about repairing your own car, then? It depends.

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car accident attorney
You probably have some kind of car insurance, since the law requires it. However, oftentimes you may not know what your car insurance actually pays until it’s too late. After a car accident, you call your insurance company, they might ask you follow-up questions by mail or phone, and then a month or more later, one of the people involved in the accident gets a check covering the some of their eleigible expenses. Just what are all those details that the insurance companies are working out before they decide how much to pay? Different types of car insurance pay for different things, and in some cases, they can even cancel each other out. If you are not sure if the amount that the insurance company offered you after your accident is correct, contact an attorneybefore you accept the settlement offer.

What is PIP Insurance?

All registered vehicle owners in Florida must carry PIP insurance, as well property damage liability insurance. PIP stands for Personal Injury Protection, which covers up to $10,000 of medical expenses and lost income when someone gets injured at an accident, regardless of who is at fault for the accident. In order to get PIP insurance to cover your accident-related expenses, you must seek medical treatment within 14 days of the accident. If a driver collides with a pedestrian or bicyclist who does not own a car (and therefore does not have PIP insurance), the driver’s PIP insurance might also pay the medical expenses and lost income of the pedestrian or bicyclist. If the drivers involved in the accident have additional optional car insurance, such as bodily injury or uninsured/underinsured motorist coverage, then the amount covered by PIP gets subtracted from what the other types of insurance must cover. This is called the PIP setoff.

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One of the first things our Plantation injury lawyers are asked by new or prospective clients is, “What is my injury case worth?” That is actually a pretty complex question, but we may be able to give a ballpark estimate fairly early on. What you should absolutely avoid, though, are accepting any personal injury settlement offers without discussing it first with your attorney. That’s because it’s very common for injury case defendants and insurers to toss out Florida personal injury settlement offers that may seem like a lot at first blush, but in fact are much lower than to what you might actually be entitled. personal injury settlement offer

Personal injury settlement offers are made by defendants (or more likely, the insurance companies representing those defendants) or plaintiffs in order to settle the case prior to a trial. Civil injury trials are time-consuming and expensive, and both sides have an interest in avoiding them if at all possible. That doesn’t mean Plantation injury lawyers should be quick to settle. We recognize that often the first offer made by insurers is not the best and final offer. Your lawyer should have a strong sense of how much your claim is worth as well as the tactics often employed by defendants in these cases.

This is especially important because of provisions of Florida law that penalize parties who reject reasonable personal injury settlement offers and end up with virtually the same or worse outcome at trial.

Florida Personal Injury Settlement Offer Statute Continue reading →

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Rock climbing injuries are on the rise, as more people are eager to take on the challenge of a fun, invigorating exercise they believe to be safe. It’s even become an Olympic sport, though not many are quite so serious about it. rock climbing injury

A recent report reveals more than 40,000 people have been treated at hospital emergency rooms from 1990 to 2007 for broken bones, sprains and strains and other rock-climbing injuries. The Nationwide Children’s Hospital in Ohio reports that’s a 63 percent increase.

Injuries are most commonly caused by falls, which account for 70 percent of all cases. The higher the fall, the more severe the injuries. Those who fall from heights of 20 feet or higher were 10 times more likely to be hospitalized, compared to those who fell from lower heights. Half of all injuries were fractures, sprains and strains with the lower body being most prone to injury. Continue reading →

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If you are injured by a product – whether it’s a defective vehicle or a faulty power tool – proving the manufacturer (or anyone in the chain of distribution) liable involves (per the Third Restatement of Torts) the existence of alternative design the main test to ascertain whether a product is defective. This provision holds that a product is defective in design only when the foreseeable risk of harm posed by that product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller. gavel

However, many states have been highly critical of this test, and Florida is one of those places wherein it’s been explicitly rejected. In 2015, the Florida Supreme Court in the 68-page ruling of Aubin v. Union Carbide Corpheld that it would retain the approach of the Second Restatement of Torts (which does not place this additional burden on consumers). The court ruled that in some instances in strict liability claims, the Third Restatement might shield manufacturers from all liability for products that are unreasonably dangerous simply because an alternative design for that product might be unavailable – even when, in some cases, the product may be in defective condition that’s unreasonably dangerous to the user. Further, the Third Restatement runs contrary to case law precedent set in this state, the court held.

However, federal courts often still use this test (though state law may still be applied). But as a recent case before the Fifth Circuit Court of Appeals shows, there is still opportunity to prevail.  Continue reading →

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The sovereign immunity doctrine in Florida bars lawsuits in state court against a state government, as well as its agencies and subdivision, absent governmental consent. Although proponents of this theory say it allows for governmental discretion by allowing officials to engage in flexible decision-making without risk of liability and protects public funds, opponents say it fails to discourage wrong-doing and leaves injured parties with no viable remedy. injury attorney

Florida’s waiver of sovereign immunity is outlined in F.S. 768.28, a lengthy and complex statute that allows for various stipulations on suing the government or government employees for negligence. Even if you win, your damage award will be capped at $200,000 a person and $300,000 total per claim (no matter how many claimants), unless the state legislature passes a bill that allows for a higher amount in any given case. This doesn’t mean it’s never worthwhile to pursue compensation from a government agency or worker if you’re injured owing to their negligence, but it’s important to understand there will be a number of challenges, which is why hiring an experienced Orlando injury attorney is so critical.

A recent case considered by the Georgia Supreme Court considered a wrongful death claim involving the tragic death of a student engaged in horseplay in an unsupervised classroom. His parents alleged it was the result of negligence in whole or in part of the teacher who left the room. However, the teacher was a governmental employee, and as such, the question of official immunity was raised.  Continue reading →

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Restaurants are a common site of trips, slips and falls, especially during the busy holiday season. The National Restaurant Association recommends all restaurants regularly monitor the coefficient of friction at various surfaces, replace worn or fraying carpets or mats, repair uneven surfaces on walkways, use non-slip matting in the kitchens or other areas that tend to be wet, wax carefully, keep pathways clear and promptly clean up reported or discovered spills. All of these practices will help reduce Florida slip-and-fall injuries. slip and fall attorney

Recently, the Mississippi Supreme Court considered a restaurant trip-and-fall case involving an elderly customer and an allegedly errant high chair, one leg protruding into the customer’s pathway, resulting in a fall that caused serious injuries to his face and shoulder.

According to court records, the incident occurred five years ago at a fast-food restaurant in Mississippi while 76-year-old plaintiff was on a road trip with his family, returning to their home in Missouri. After plaintiff received his order, set his food down at a table and walked to the condiment station. He picked up several condiments, but then thought he heard one of the workers speaking to him. He turned to face the counter, but then discovered the employee was actually talking to a different customer. He turned to walk back to his table and as he did so, his left foot struck the leg of a high chair that was protruding into the aisle. Soon after, he reportedly overheard one of the employees ask a co-worker what the highchair had been doing in that location. A supervisor instructed someone to move it.  Continue reading →

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For many kids, Halloween – and of course, trick-or-treat – is highly anticipated and the source of many magical childhood memories. However, there are also a host of frightening dangers lurking on Halloween that have nothing to do with ghosts or goblins. injury lawyer

Attorneys for child injury victims in Orlando are committed to helping raise awareness of some of the most common child Halloween injuries, in the hopes families will face fewer emergency room trips this year.

From traffic safety to pumpkin carving to candle hazards, the hazards are seemingly endless.

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Typically if you are injured at work, you should be able to collect workers’ compensation insurance. However, because workers’ compensation is considered an “exclusive remedy,” your employer is immune from further litigation related to that injury – even if the company was negligent. There are a few exceptions, but they are very narrow.cars

What’s more, this immunity extends also to co-workers who are acting in the course and scope of employment. That means even if your co-worker does something that is extremely careless and you wind up hurt, you still can’t sue them. But (there’s always a “but”) there could be an exception if your co-worker was not acting in the course and scope of employment. This would apply to an extremely narrow set of circumstances, particularly if the plaintiff qualified for workers’ compensation. However, it is possible, as the recent Washington Supreme Court case of Entila v. Cook illustrates.

According to court records, defendant and plaintiff were both employees of the same company. One was heading into work, and one was leaving. The injury occurred as plaintiff was crossing the street on an access road belonging to the company, while defendant, operating his personal vehicle on that same road after finishing his shift. Defendant struck plaintiff with his vehicle, causing plaintiff to suffer serious personal injuries. Continue reading →

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In many Florida injury lawsuits, plaintiffs must prove the defendant is negligent. That means proving defendant owed a duty of care to plaintiff, defendant breached that duty, the breach caused plaintiff’s injuries and the injuries are compensable. However, there are some situations in which one need not prove the defendant was negligent. One can assert vicarious liability for the negligent actions of another person. There are several examples, but one of those stems from ownership of a dangerous instrumentality.bobcat

The dangerous instrumentality doctrine is one that stems from common law and it holds that the owner of an inherently dangerous tool is liable for any injuries resulting from the operation of that tool. It’s a form of strict vicarious liability. In Florida, the 1938 state supreme court case of Southern Cotton Oil Co. v. Anderson resulted in the finding that motor vehicles are a type of dangerous instrumentality. That’s why an owner of a motor vehicle in Florida can be held liable for injuries caused by someone else’s negligent operation of said vehicle. The idea is that if you trust someone with a motor vehicle with knowledge and consent, you are responsible if it’s used negligently on a public road.

But there are questions that arise occasionally about what other objects may be considered a dangerous instrumentality. It matters a great deal when we’re considering which persons or entities can be liable. One such case recently before Florida’s 2nd District Court of Appeal was that of Newton v. Caterpillar et al, stemming from a work injury.  Continue reading →

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