When you are injured in an accident, you are probably facing high medical bills, time lost from work and a great deal of pain. When the accident that caused your injury was the result of someone’s negligence, you have the right to seek financial compensation from the person responsible.
Responsibility: Understanding the Law
Sometimes accidents are not avoidable and are not the fault of any one person. In order to determine if a person is legally liable for your injuries, we must be able to demonstrate:
- Responsible party had a duty to keep you safe and failed
- The failure of that person directly resulted in your injuries
- You suffered damages as a result of the incident
Keep in mind, these basics apply to all types of injuries including those sustained in car accidents, during a slip and fall accident, when you are bitten by a dog or when you have suffered because a doctor was negligent.
Florida Personal Injury: Car Accidents
Because Florida is a “no-fault” insurance state, the rules that apply to personal injury resulting from a car accident are complicated. When you are in an accident you will file your medical bill claim directly with your own insurer, regardless of who is at fault for the accident. However, you can make a claim or file a lawsuit against the responsible party provided:
- You suffered a permanent injury of any kind
- You suffered a permanent “aggravation” of a pre-existing condition
- You suffered severe scarring or disfiguration
If you are uncertain if your injuries rise to this level, the best option is to speak with an attorney who understands Florida personal injury statutes.
Slip and Fall Accidents: Premises Liability
Property owners have an obligation to ensure the property is safe for guests including invited guests and shoppers. If you should fall in a store because the floor is damaged, you may have a personal injury case. In the instance where you fall on a wet surface, the store owner must have had reasonable knowledge of the spill. If you have any questions or concerns after such an incident you should immediately consult a knowledgeable attorney.
Medical Malpractice: A Variety of Suits
Medical malpractice suits are complicated because they involve numerous factors. For example, a doctor who failed to diagnose a life-threatening disease may be liable for your pain and suffering. If you are suffering because a doctor failed to exercise care in diagnosing, prescribing medications or because of surgical error, you should speak with a personal injury attorney.
The laws surrounding personal injury lawsuits can be complicated and you have limited time frames for filing a lawsuit.
* For any personal injury case, contact Kramer & Rassner, P.A. at 305-270-8876 immediately for a free consultation. If we agree to take your case, we charge no fee unless we are successful in winning a monetary award on your behalf.