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Distracted driving is a serious problem in Florida. According to the Florida DOT, distracted driving can include anything that takes the driver’s attention away from the road. Types of distraction include:

  • Manual – taking hands off the wheel
  • Visual – taking eyes off the road

If you believe you have been injured because of the negligence of a person, business, government agency, or other entity, you have the right under Florida law to sue for compensation. However, there are certain requirements in a personal injury case that must be fulfilled in order for your case to proceed including proving fault and injury.

Personal injury cases

Most people think first about car accidents or slip-and-fall cases as personal injury cases, but there can be many other situations in which a person is injured due to someone else’s negligence. These may include:

An independent medical examination (IME) could be critical to your Florida injury claim.  Simply put, this evaluation is performed at the request of the insurance company or defendant in a case regarding worker’s compensation or personal injury. This includes injuries caused by auto accidents, slip and falls, defective products, injuries on public or private property, and work-related injuries. 

Personal injury claim

Florida law requires that the plaintiff in a personal injury case prove:

The birth of a child should be one of the happiest days in a parent’s life. However, when something goes wrong and the mother or the child is injured, it is heartbreaking, especially when the injuries could have been avoided. As a Florida personal injury attorney, I am committed to helping Florida residents throughout the state receive just and fair compensation to help them cope with the injuries they have sustained due to someone else’s negligence. 

In the past, childbirth was extremely dangerous for mother and child. Due to dramatic improvements in healthcare, hygiene, and nutrition, injury or death during delivery is now a rare occurrence. That is why it is so shocking and heartbreaking when birth injuries do occur. 

Causes of birth injuries

Florida personal injury lawsuits can be filed for many types of injuries or losses, caused by a wide variety of incidents. If you were injured due to someone else’s negligence, you will want an experienced personal injury attorney to help you navigate the legal system, one who knows the intricacies of personal injury law and how to research and present your claim to maximize your compensation.

Demonstrating negligence

A personal injury lawsuit stands on four pillars, which could be called the “4 Ds”:

If you have experienced an accident of any kind in Florida, whether it’s a slip or fall; an accident involving a car, recreational vehicle, or bike; a water sports accident; or an accident at an amusement park, public event, or hotel or rental property; please seek medical attention immediately, especially if there has been any injury or jolt to your neck or head. Do not enter into an agreement with any insurance company before sufficient time has passed to determine your level of injuries. 

In Florida, anyone involved in a car accident must be examined by an approved medical provider within 14 days of the incident in order to be eligible for PIP coverage. PIP (personal injury protection) covers up to $10,000 of medical bills and lost wages. So that’s the first step for any accident involving an automobile, even if you were walking or riding a bike when the accident occurred. But that’s only the first step.

Regardless of the type of injury, get a thorough examination to officially document your injuries and your condition at the time of the accident, keeping in mind that injuries often appear in the days or weeks following an accident. Cognitive injuries can sometimes take a little while to recognize because you might consider them normal at first. You’re shaken up by the accident, maybe emotionally upset. But these emotions should not linger and various cognitive problems are a sign of injury. 

More than 200,000 car accidents occur in Florida each year. Sections 316.065-6 of the Florida Statutes require drivers involved in a crash to immediately contact local law enforcement if the crash results in or includes:

  • Any injury or death to a person
  • Property damage of at least $500

Social Security, Social Security Disability Income (SSDI), and Supplemental Security Income (SSI) are distinct benefits with different purposes. Compensation from your personal injury lawsuit may affect SSI, but should not affect the others. 

Social Security

Social Security payments are distributed to individuals who, over the course of their working careers, have paid into the federal Social Security system through FICA taxes. Since you have essentially already earned your Social Security payments after years of working and paying into the system, your settlement will not affect your Social Security.

Florida’s Premises Liability Law holds property owners accountable for injuries sustained by individuals when the injury occurs on their property, including in a parking lot or parking garage. However, the details of the case must  fulfill the following four criteria:

  • The property owner owed a duty of care (The individual who was injured was on the property legally)
  • The property owner failed in that duty

When a person experiences physical injury and/or property damage due to someone else’s negligence in Florida, they often experience emotional distress as well. As an experienced personal injury attorney in Florida, I help my clients receive fair compensation for emotional harm along with compensation for injuries and/or property damages. Without some concrete, tangible claim, it is very difficult, though not impossible, to prove emotional distress was caused by a particular incident. 

What is emotional distress?

Emotional distress is one form of non-economic damage often referred to as “pain and suffering.” Some examples of emotional distress are:

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