Were you or a loved one unexpectedly and seriously hurt? Do you believe the injury was the result of another party’s negligence or non-compliance with Florida’s safety regulations? If so, you may file a personal injury lawsuit and claim compensation according to Florida law.Many people wonder what constitutes a personal injury case. If you have been in any of the following situations, talk to a personal injury attorney from Menendez Trial Attorneys for legal guidance and help with building your case.
1. Car Crashes
Around 3,200 people die in Florida each year due to auto accidents. Some of those accidents are hit and run crashes, in which the driver responsible for the accident flees the scene to avoid legal repercussions. Often, auto accidents happen because of negligence and unlawful driving in situations such as:
- Driving under the influence of alcohol or drugs
- Exceeding the speed limit
- Disobeying road regulations
- Failing to keep the vehicle in proper repair per regulations of the state of Florida
If you were involved in a car accident, you might be injured, distraught, and confused. You may wonder what you can expect in damages.
To improve your chances of obtaining compensation, gather as much evidence as you can from the accident. Note the place, time, and circumstances of the accident and get the other party’s contact information or parties involved. You should also get contact information from any relevant eyewitnesses.
2. Slip and Fall Accidents
Slip and fall accidents are among the most common types of accidents in the United States, especially among seniors. Due to Florida’s high senior citizen population, slip and fall accidents are even more frequent. These accidents lead to over 8 million annual emergency room visits and are the primary injury-related death cause for people over 65.
Slip and fall accidents can occur anywhere for a variety of reasons, including:
- Wet or slippery floors
- Damaged or poorly maintained sidewalks
- Inadequate lighting on walkways or staircases
- Malfunctioning escalators
Some of these accidents happen because of the negligence of a responsible party. For example, a shopping mall proprietor who fails to put up a wet floor sign or does not repair a faulty escalator may be at fault for a slip and fall incident. If you believe this is true in your case, consulting with a competent personal injury attorney will help you protect your legal rights.
3. Medical Malpractice
A doctor’s mistake or negligence may change a patient’s life forever. Often, cases of medical malpractice involve:
- Misdiagnosis or delayed diagnosis
- Mistakes during surgery
- Mistakes during post-operative recovery
- Improper testing
- Dangerous or inappropriate drugs
If you believe you have received inadequate care from a medical professional, you may consider filing a medical malpractice claim. To establish such a claim, you would have to prove that:
- There was a patient-caregiver relationship between you and the medical professional
- The medical professional provided inadequate care
- The medical negligence is directly related to your injury or illness
- You suffered damages resulting from the medical negligence
You may also decide to file a medical malpractice claim on behalf of a family member if you believe they suffered wrongful injury or death because of medical malpractice, such as in cases of nursing home abuse and neglect.
In Florida, medical malpractice lawsuits are subject to a statute of limitations, meaning you have limited time to file a claim. In medical malpractice cases, you may file up to 2 years from when you discovered the injury or up to four years after the medical malpractice occurred. Because of the statute of limitations, it is vital to obtain legal counsel as soon as you suspect you have experienced medical malpractice or negligence.
4. Defective Products
Thousands of people receive injuries every year from defective products, and such injuries fall under the domain of Product Liability Law. These are cases when, if an unsafe product has harmed you or your child, you may be able to file charges against the manufacturers, designers, or sellers of the product. The majority of these codes are at the state level, so the specifics vary from state to state.
Florida’s Product Liability Laws impose some statutes of limitations, so it’s important to secure an attorney as soon after the injury occurs as possible—generally within four years of injury to a person or property.
In Florida, you cannot file a product liability claim if you have suffered only economic damages rather than personal injury or death. Also, if a court finds that you are partially at fault for the accident involving a defective product, it will award you damages proportionate to the manufacturer’s degree of fault as compared to yours.
The various claims associated with Product Liability Law include:
Negligence: To prove negligence by a manufacturer, designer, or seller of a product, you as the plaintiff need to demonstrate the presence of each of five elements was present: duty, breach of duty, cause in fact, proximate cause, and damages resulting from the purported negligent action or product
Breach of warranty: A warranty to consumers is an assurance from a manufacturer that the product will have a reasonable level of quality and reliability. When a product fails to live up to these expectations, the consumer can legally hold the party accountable.
Strict product liability: This pertains to situations in which you, as a plaintiff, can recover damages without demonstrating the negligence of the seller or manufacturer.
If you or a family member becomes injured by a defective product, please see an experienced personal injury attorney who is familiar with handling Product Liability Law in Florida.
Choose Menendez Trial Attorneys
Are you looking for a personal injury attorney in the South Florida area? At Menendez Trial Attorneys, we have over 30 years of personal injury law experience and are ready to fight on your behalf. Our lawyers’ compassion and dedication have resulted in many successful cases and satisfied clients in the South Florida area.
Call us today at (305) 445-6500 at our office in Coral Gables, FL, or contact us through our website for a free initial consultation. Se Habla Español.
Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
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Menendez Trial Attorneys
113 Almeria Avenue
Coral Gables, FL 33134
305-445-6500
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