South Florida Injury Lawyer Blog
Florida is a frequent destination for college students on spring break. And while for most kids it is an opportunity for much-needed relaxation and fun before finals begin, for an unfortunate few, spring break can bring serious injuries from accidents that take place while away from home.
If your child has been injured in Florida, the first step is to make sure he or she seeks immediate medical attention. The second is to make sure all critical documentation is collected to determine if the injury or accident was caused by someone else’s negligence, which could make your child eligible for compensation. As a Florida personal injury attorney, I know the types of accidents and injuries that can happen on spring break, I know what types of evidence you will need to collect, and I know how to present a solid case so that your child receives compensation for pain and injuries incurred due to someone else’s neglect.
Common injuries when on spring break
Injuries can occur from any number of causes, such as malfunctioning or poorly maintained equipment, unsafe environments, and accidents involving motor vehicles. For example:
Auto, motorcycle, bicycle, and pedestrian accidents: Auto accidents and fatalities around certain Florida attractions are nearly 10% higher during spring break season. Primary causes include increased traffic, more young drivers, driving under the influence, and driving distracted. Accidents involving pedestrians are sadly common, as well, and can result in serious injuries.
Watersports accidents: Watersports activities are obviously very popular in Florida, but can be dangerous. Boating, jet skiing, surfing, and other water equipment accidents; collisions on waterslides; drowning; and cliff diving accidents are just some of the things that can go wrong around water. Alcohol consumption is one of the biggest contributors to these tragedies. Defective equipment is another factor.
Assault and other violent crimes: Businesses have a duty to keep their areas safe for their visitors, but not all do. Physical assaults, drug-related crimes, drunken brawls, sexual assaults – all are possible if premises have poorly lit parking lots or alleys with insufficient surveillance or security. This includes bars, nightclubs, hotels, entertainment venues, and more.
Crowd injuries, slip and falls, unsafe rides, etc.: Theme parks, restaurants, and entertainment venues are required to keep their properties clean and in good repair to avoid illness or injury to visitors. Unfortunately, sometimes areas are not well-maintained, especially places with high traffic. These locations may not be sufficiently staffed to clean up debris, wipe up spills, or ensure vendors are providing safe products and food.
Keeping documentation
If your son or daughter has called you from Florida to report a serious injury, instruct your child (or whomever is helping your injured child) to collect whatever information is immediately available. Many parents will come to be with their injured child, which can be very helpful because it will be easier to obtain an accurate explanation of what happened.
If possible, visit the location. Take pictures of the area of the incident. Collect the police report. Try to speak to witnesses – maybe people who work at the location or friends who were present when the incident occurred.
Talk to a Florida personal injury attorney right away, while you are in Florida. He or she will help direct you in keeping important records as your child recovers, such as:
- Medical records (request thorough documents from your healthcare providers)
- A log of visits to healthcare professionals
- Any correspondence with healthcare providers, insurers, Medicaid, etc.
- Medical bills, including medical insurance coverage, out-of-pocket payments, and payments insurers have made
- Receipts for payments you have made toward your child’s health
- If your child dies, a death certificate and/or autopsy report
Personal injury cases can sue for any of the following situations that apply:
- Medical expenses, current and future
- Mental health expenses, current and future
- Lost wages and future lost earnings
- Property damage
- Other expenses caused by the accident, such as necessary changes to your home to accommodate your child’s injuries
- Pain and suffering: physical, emotional, and relational
- Loss of companionship in the case of serious permanent injury or death
Comparative negligence
If you get to Florida and discover that your son or daughter may have been at least partially at fault (for instance, if alcohol was involved), your child may still be eligible for some compensation. Florida follows a modified comparative negligence rule, which allows suing parties to receive compensation as long as they were not more than 50% at fault for the accident. This means that, if a jury finds that your child was 30% at fault for the injury, he or she can still receive 70% of the compensation awarded.
You and your child need experienced help to navigate Florida law and help you get the financial compensation you need to help your son or daughter recover. Contact me from anywhere in Florida at (954) 448-7288, 24/7 for a free consultation to discuss your case. I leave no stone unturned to help my clients receive the compensation they deserve.