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TYPES
OF PERSONAL INJURY ACCIDENT CLAIMS
Automobile & Motorcycle Accidents
Automobile
and Motorcycle accidents are the leading causes of injury and death in the United States. According to the National Traffic
Safety Administration, every 10 seconds someone in the U.S. is involved in a car accident. In 2000, approximately 6, 279 traffic
crashes were reported, over 41000 people were killed, and over 3,000,000 injured. Amazingly, in 1999 alone, 38 percent of
traffic fatalities involved alcohol. It is critical to retain an attorney who understands the arena of laws and medical issues
to navigate the presuit and litigation process. Our attorneys know the court system, the judges, and the claims process.
Truck Accidents
Trucking accidents are typically among the most serious accidents, because
of the size and typical speed of large tractor trailers on our roadways. Trucking companies must adhere their equipment to
Federal Motor Carrier Safety Regulations. Drivers are also regulated on the permissible number of hours they can operate the
vehicles. The Florida Department of Transportation also regulates commercial carriers and drivers. Oversized loads, mechanical
failure, speed, reckless driving and improper driver training account for many of these accidents, but most truck crashes
are caused by driver fatigue. It is important to quickly obtain the history of the driver and the service history of the truck
involved before records are lost or destroyed.
Bicycle & Pedestrian Accidents
Unfortunately
motorists do not always respect the rights of cyclists and pedestrians. It is not unusual for cyclists to get hit in the bicycle
lane or pedestrians to be struck in crosswalks. As a result, there are thousands of accidents each year involving motor vehicles,
bicyclists, and pedestrians.
Also, when pedestrians and bicycles are involved in accidents with motor vehicles, the insurance
laws and coverages applicable can vary drastically. Personal injury protection benefits may still apply, although different
carriers may provide such benefits. It is important to consult an attorney to determine these issues immediately and ensure
that any medical bills are paid.
Boating and Recreational Vessel Accidents
Because of the
approximately one million registered boats and recreational vessels in Florida, we have the highest marine accident rate in
the United States. Recreational marine activity involves many dangerous aspects, and serious accidents abound. There are collisions
and falls and product liability issues with propellers, straps, etc. There are typically complicated legal and safety issues
involved, and federal laws and shorter limitations periods may be implicated if the accident occurs on a navigable waterway.
You should consult an attorney promptly if you or a loved one are involved in a boating or recreational vessel accident.
Slips and Falls/Premises Liability
Slip and fall accidents can cause serious injury, although
often are not taken seriously. A fall on another person's property due to unsafe conditions may be eligible for compensation
due to personal injury. Property owners are responsible for keeping their premises safe and must warn visitors of potential
non-obvious hazards. For example, if fluids are left on the floor of a store for an unreasonable amount of time or there is
no effort to clean the floor after notice of the condition,, the owner may be legally liable for a slip and fall injury occurring
in that location.
Most slip and falls happen in commercial settings, including grocery stores, drug stores, office
buildings, construction sites, and even gas stations and malls. These accidents may also happen on private property. Either
way, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of
dangerous conditions. If you have been injured on another's property, you may be eligible for compensation.
Dog Bites
Dog bites can be horrific, particularly where children are involved. In Florida, Section 767.04
of our State Statutes creates strict liability for owners of dogs. Dog owners in Florida have statutory responsibilities to
ensure that their pets do not cause harm to others. When a dog attacks a person in a public place or in an area where the
victim is an invited guest or patron, the owner is liable even if the dog has no prior history of biting. Young children are
often bitten by dogs after unknowingly provoking the animal, which will not preclude a claim.
Toxic Chemical
Injuries
A variety of injuries can result from exposure to toxic chemicals like asbestos, benzene, vinyl chloride,
and others. Exposure to these chemicals can have serious short and long-term effects, from burns, to cancer, to toxic shock,
and even death. Typically these injuries occur from either working with toxic chemicals or living near a facility that manufactures
or uses dangerous chemicals. There can also be exposure at playgrounds or in drinking water. You will need the expertise of
an attorney and chemical engineers to determine toxicity and liability. If you think you or a loved one has been exposed to
a toxic chemical, consult a physician immediately and follow up with an attorney to determine your rights.
Construction Accidents
Construction sites pose serious dangers to workers and invitees. There are work
related injuries while lifting, operating machinery and tools, and working in hazardous locations and heights. Safety training
and precaution is crucial to a safe work environment and most companies are required to abide by OSHA and other work site
regulations. Supervisors and Foremen are required to properly train employees on safety related issues and proper use of equipment.
Passerby’s are also potentially subject to falling unsecured objects. These claims often involve worker’s compensation
and product liability issues, and compensation may vary depending on the circumstances of the injury.
Airplane
crashes
Airline crashes typically result in the most traumatic injuries and death. These cases are extremely
complex and may involve federal, state, or international laws and treaties. There may also be limitations on recoveries and
caps on damages. Weather, maintenance, ground preparation of flights, pilot error, manufacturing defects and controller error
may all contribute to a crash.
Typically, the National Transportation and Safety Board (NTSB) conducts an investigation.
Obtaining a copy of the NTSB report and having the evidence reviewed by an aviation expert is crucial to determining if there
is a potential issue and responsibility.
Brain Injuries
Traumatic brain injury (TBI) is
a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially,
the human brain floats in a fluid substance call cerebrospinal fluid. TBI can result when an impact causes the momentum of
the brain to come into contact with the skull. This type of injury, often the result of hitting your head on the windshield,
pavement, or object, is frequently referred to as a “closed head injury.” Whiplash can also cause TBI and is similar
to “shaken baby syndrome.” These closed head injuries can result in lasting physical and mental problems.
Because closed head injuries are often caused by accidents, there may be others responsible for the injuries and resulting
damages. Some TBI patients require long-term rehabilitation and extensive medical care and may miss significant amounts of
work. The financial impact of these injuries can be tremendous, and finding a law firm that understands the medical and legal
issues involved is crucial. Locating and retaining the right biomedical experts is important and our firm has contacts with
the best ones available in this field.
Wrongful Death
Wrongful death can result from the
negligence of others from any of the accidents described here, or as a result of defective products or medical negligence.
Losing a loved one is extremely difficult situation, both financially and mentally. Florida has a specific statutory scheme
called the “Florida Wrongful Death Act” which controls these cases and there are very specific timing and legal
requirements to file claims under the Act. Typically, these cases must be filed within two (2) years of the date of death,
although it may be earlier or later depending on the nature of the claim. If you have lost a loved one due to the fault of
another, you should consult with an attorney at our firm to help you receive compensation
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