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Securing Compensation For A Slip and Fall Injury

Slip and Fall Injury: Laws and Compensation

Learn how to navigate the complexities of premise liability and secure the compensation you deserve for your slip and fall injury.

Introduction

Understanding Your Rights

A slip and fall injury is a common type of personal injury that occurs when an individual trips and falls on someone else’s property. These accidents frequently happen in public spaces like supermarkets, restaurants, and banks. Slip and fall accidents can lead to significant injuries, making it crucial for property owners to maintain a safe environment for visitors.

What is Premise Liability?

Premises liability is a legal concept that holds property owners accountable for accidents and injuries that occur on their property. Under personal injury law, if there is a hazard on the property and the owners are aware of it but fail to address it, they can be held liable for the damages.  a Walmart customer, Linda Watts, slipped on a floor mat in a puddle of liquid at a Walmart cash register in Woodstock. This resulted in an arm injury and dislocated shoulder. Walmart failed to maintain safe premises, which resulted in a customer being severely injured. A federal jury awarded her more than $1.4 million for her Walmart slip and fall claim.  This case serves as an example of premises liability, where the property owner or occupier is deemed negligent for failing to address hazardous conditions that caused harm to others.

Seeking Compensation in a Slip and Fall Injury

Slip and fall accidents can lead to serious injuries and significant financial burdens. Seeking compensation for such incidents requires a thorough understanding of legal concepts such as duty, breach, and causation. These elements form the backbone of a successful personal injury claim, ensuring that property owners are held accountable for their negligence. In the following discussion, we will explore how each of these components plays a crucial role in proving liability and securing compensation for those who have suffered a slip and fall injury.

 

 

Elements of Negligence

Duty of Care

In slip and fall cases, establishing the property owner’s duty of care is the first critical step in seeking compensation. Property owners, whether they manage a private residence, commercial establishment, or public space, have a legal obligation to maintain a safe environment for visitors. This duty requires them to inspect the premises, address any hazardous conditions, and provide warnings of potential dangers that cannot be immediately fixed. Demonstrating that a duty of care existed is foundational to building a successful slip and fall case, as it sets the stage for proving that the owner had a responsibility to prevent the accident.

Duty Breached

The next step involves proving that the property owner breached this duty of care. To establish a breach, it must be shown that the owner knew or should have known about the dangerous condition and failed to act. This could include not repairing a broken step, not cleaning a spill, or failing to install lighting in a dimly lit area. Evidence such as maintenance logs, witness testimonies, and surveillance footage can be crucial in demonstrating the owner’s negligence. The key argument is that the owner’s inaction violated their obligation to keep the premises safe, thereby creating the conditions that led to the slip and fall accident.

Causation

Causation must be established to link the breach of duty directly to the injuries sustained. It needs to be proven that the hazardous condition was the cause of the accident and that the injuries would not have occurred but for the owner’s negligence. Medical records, accident reports, and expert testimonies can play a significant role in demonstrating causation. The plaintiff must show a clear and direct connection between the owner’s failure to address the dangerous condition and the harm suffered.

Commercial vs. Residential: Slip and Fall Injuries

What is the Statute of Limitations for Slip and Fall?

When seeking compensation for a slip and fall injury, whether in a commercial or residential setting, there are distinct considerations to acknowledge. In commercial premises like supermarkets or restaurants, there is typically a higher standard of care expected from owners to ensure safety. This includes regular inspections, prompt hazard remediation, and warning signage. In residential settings, the duty of care owed by homeowners is limited, often requiring proof of negligence or failure to address known hazards. Whether your slip and fall occurred in a commercial or residential area you should still consult with a slip and fall lawyer to find out if you can seek compensation.

The statute of limitations for slip and fall cases is generally two years from the injury. The statute of limitations sets the time limit within which a lawsuit can be filed after an injury. If you are uncertain whether you can still pursue compensation for a slip and fall incident, consulting with a personal injury lawyer is advisable. They can provide guidance based on the specific circumstances of your case and the laws applicable in your area.

What Types of Damages Can I Recover from My Slip and Fall Injury?

 

The damages you can recover after a slip and fall can include medical expenses, lost wages, pain and suffering, and in some cases, punitive damages. In the aftermath of a slip and fall injury, understanding the types of damages you can recover is crucial for securing appropriate compensation. Victims may be entitled to various forms of economic and non-economic damages, each addressing different aspects of the harm suffered. By comprehensively documenting and pursuing these claims, you can ensure that your financial and emotional burdens are addressed following the incident. Below are the types of damages you can recover from a slip and fall accident.

Medical Expenses

This includes compensation for past, current, and future medical bills related to the treatment of injuries sustained in the accident. It covers hospital stays, surgeries, doctor visits, physical therapy, medication, and medical equipment.

Lost Wages

If your injuries prevent you from working, you can recover compensation for lost income. This includes not only the wages lost during the recovery period but also any future earnings you may be unable to earn due to long-term or permanent disabilities.

Pain & Suffering

Non-economic damages such as pain and suffering address the physical pain and emotional distress caused by the accident. This can include compensation for chronic pain, anxiety, depression, and other psychological impacts resulting from the injury.

Punitive Damages

In cases where the property owner’s conduct was particularly reckless, the court may award punitive damages. These are intended to punish the wrongdoer and deter similar conduct in the future.

Understanding Premise Liability

Are the Owners Liable if a Trespasser Slips and Falls on Their Property?

slip and fall injury while trespassing

Landowners are not obligated to maintain their property in a safe condition for trespassers, according to Florida Statute 768.075. A trespasser is an individual who enters another person’s property without permission, invitation, or consent. In the context of slip and fall accidents, the legal responsibilities of property owners towards trespassers differ from those owed to invited guests. This means property owners are not required to remove hazards or warn trespassers about potential dangers to their property.

However, property owners are not permitted to intentionally cause harm to trespassers. While they do not have to keep their property hazard-free for uninvited individuals, they also cannot set traps or create dangerous conditions specifically to injure trespassers. This is known as the duty to refrain from willful and wanton misconduct. For example, setting a hidden pitfall or placing sharp objects where a trespasser might walk would be illegal.

Steps to Seek Compensation

Filing a Claim for a Slip and Fall Injury

If you have experienced a slip and fall accident, understanding your right to seek compensation is crucial. Property owners are legally obligated to maintain safe premises for visitors, excluding trespassers. If a property owner’s negligence in addressing a hazardous condition caused your slip and fall injury, you may be eligible for compensation. Determining duty of care, breach of duty, and causation can be complex alone. Slip and fall lawyers handle such cases regularly and know how to establish owner negligence. With legal assistance, you can navigate the claims process effectively—from negotiating with insurers to securing maximum compensation for your injuries. Do not hesitate to contact an experienced personal injury lawyer to assist with your claim today.

Motor Vehicle Accident Negligence: Florida Law

Motor Vehicle Accident Negligence: Florida Law

What is Auto Negligence in Florida? 

Negligence occurs when a person fails to exercise reasonable care, resulting in harm to another person. In the context of car accidents, negligent behavior involves violating traffic laws, driving recklessly, or failing to pay attention while driving, amongst other actions. If another is harmed due to negligent behavior, the injured person is legally entitled to compensation for the harm caused. Compensation can cover medical expenses, lost wages, and other related costs.  

 

Key Elements of Negligence in Florida Car Accidents 

Negligence occurs when a person fails to exercise reasonable care, resulting in harm to another person. In simple words, negligence can be understood as carelessness resulting in harm.  In Florida, understanding the key elements of negligence is crucial for determining liability and seeking compensation in personal injury cases.  Personal injury accidents extend beyond physical suffering; they often encompass emotional distress and financial strain. Moreover, depending on the severity of the injury, a person may be required to take time off work all while the medical bills pile on. Accident victims experience the unfair phenomena of life in which the victim of an already unlucky situation must now also endure its aftermath. This is where the law steps in. Car accident attorneys are dedicated to securing compensation from the responsible party to alleviate the burden of accidents. With the help of an attorney, the at-fault party will pay for your medical bills, lost wages, and more. This article outlines the key elements of negligence in Florida and how they impact your right to compensation. 

 

Modified Comparative Negligence 

Florida follows a “modified comparative negligence” rule, meaning that each party involved in an accident can be assigned a percentage of fault, and their compensation is reduced by their share of the fault. If the injured party is partially at fault for their injuries, their compensation is reduced proportionately to their degree of fault. However, if the degree of fault exceeds 50%, you are not entitled to compensation. For example, if a driver is involved in an accident and found to be 35% at fault while the other driver is 65% at fault, the partially at-fault driver can still recover damages. However, their compensation will be reduced by 35%. So, if the total damages were $10,000, they would receive $6,500 after the reduction. This rule does not apply to cases of personal injury or wrongful death arising from medical negligence. To be considered partially at fault for an accident, the opposing party has to identify and prove that a negligent act contributed to the severity of the damages (injuries) being claimed. For instance, if you were rear-ended at a stop light, you are clearly not at fault for the accident itself. However, if you failed to abide by Florida’s car seat laws, the at-fault party can argue that the child’s injuries were exacerbated by this, thereby reducing your compensation due to your contribution to the damages.

 

Determining Negligence  in Florida

 

Negligence in Car Accidents | Personal Injury Law. gable and toy cars

Determining negligence in Florida involves evaluating several key elements to establish who is responsible for the accident. In simple terms, to establish negligence, you need to check if the person had the legal responsibility to be careful (duty of care), failed to do so (breach of duty), and if this failure caused the accident (causation) and resulted in injury or damage (harm). To best prove this, it is essential to gather evidence such as witness statements, police reports, medical records, and any other relevant documentation.  

 

 

 

Examples of Negligence in Car Accidents 

Driving Under the Influence:

Scenario: A driver is under the influence of alcohol, runs a red light, hits a pedestrian and breaks his leg. 

  • Duty of Care: The driver has a legal responsibility to operate the vehicle safely and soberly. This includes following traffic laws, paying attention, and avoiding impairing substances to ensure the safety of all road users. 
  • Breach of Duty: By driving while intoxicated, the driver fails to uphold this responsibility. Intoxication impairs judgment and reaction time, violating safety standards and increasing the risk of accidents. 
  • Causation: The impaired judgment and reaction time due to intoxication lead to running the red light and causing the accident. The driver’s inability to react appropriately results directly from their intoxicated state. 
  • Harm: The intoxicated driver runs a red light and hits a pedestrian, breaking the pedestrian’s leg. This results in physical injury, medical expenses, emotional trauma, and potential loss of income for the pedestrian. 
  • Outcome: The intoxicated driver is liable for the injury resulting from the accident. The driver must compensate the pedestrian for medical costs, pain, suffering, and lost income, and may also face criminal charges for driving under the influence. 

 

Reckless Driving:

Scenario: A driver speeds through a red light and collides with another vehicle causing total loss of the vehicle.  

  • Duty of Care: The driver must follow traffic laws and drive safely. This involves adhering to speed limits, obeying traffic signals, and maintaining control of the vehicle. The duty of care ensures that all drivers act in a manner that prevents harm to themselves, other drivers, pedestrians, and property. 
  • Breach of Duty: Running a red light and speeding are violations of this duty. These actions demonstrate a disregard for traffic regulations and the safety of others. Such reckless behavior significantly increases the likelihood of accidents. 
  • Causation: The reckless behavior directly causes the collision. By running a red light and speeding, the driver creates a dangerous situation that leads to an inevitable accident. The driver’s failure to obey traffic laws and control their speed directly results in the collision 
  • Harm: The collision results in the other driver’s car being a total loss. The impact of the crash causes extensive damage to the other vehicle, rendering it irreparable. 
  • Outcome: The reckless driver is responsible for the other driver’s total loss of their vehicle. Legally, the reckless driver must compensate the other driver for the value of the totaled vehicle. This may include covering the cost of a replacement vehicle and any additional expenses incurred due to the accident. 

 

Distracted Driving:

Scenario: A driver is texting and fails to notice the car in front of them stopping, leading to a rear-end collision. The driver of the stopped car is now suffering a concussion and has severe damage to the rear bumper. 

  • Duty of Care: The driver must pay full attention to the road and other vehicles. This vigilance is essential to prevent accidents and ensure everyone’s safety on the road. 
  • Breach of Duty: Texting while driving is a direct violation of Florida Statute 316.305, which prohibits texting while driving. This law is designed to reduce distractions and enhance road safety. 
  • Causation: The distraction causes the driver to fail to stop in time, leading to the collision. By focusing on their phone, the driver misses the stopped vehicle ahead, resulting in a rear-end collision. 
  • Harm: The rear-end collision results in the driver of the stopped car suffering a concussion and severe damage to the rear bumper. This causes both physical injury and significant vehicle repair costs. 
  • Outcome: The distracted driver is at fault for the accident and must compensate the injured party for medical expenses and car repairs. This includes covering the costs of the concussion treatment and the damage to the rear bumper. 

 

Negligence in car accidents can have severe consequences, causing physical, emotional, and financial distress. Understanding personal injury laws and examples of negligence can help you recognize when you may be entitled to compensation. 

 

 

What to do After Being Involved in a Car Accident in Florida  

After being in a car accident, it is crucial to document the scene meticulously and gather witness information, as these steps are vital in establishing negligence. Keep a detailed record of all expenses related to the accident, including medical bills, repair costs, and any lost wages. Also, keep track of your injuries, pain levels, and how the accident has impacted your daily life.  

Determining negligence involves proving that the other party did not act with the level of care that a reasonable person would under similar circumstances. Keep evidence such as photos of the accident scene, witness statements, and police reports. A Florida car accident attorney can help you navigate the complexities of negligence claims and work towards securing fair compensation for any damage or injuries sustained. 

 

 

Path to Justice and Compensation 

Understanding personal injury law and recognizing instances of negligence are crucial steps in seeking justice for your injuries. Through legal recourse, victims can hold negligent parties accountable for their actions, alleviating some of the burdens imposed by the accident. Ultimately, a thorough understanding of negligence empowers individuals to protect their rights and pursue the restitution they deserve after a car accident. 

The Law Offices of Scott J. Senft provide the legal support and expertise required to pursue maximum compensation for your damages. With over three decades of experience in handling personal injury claims, our team is dedicated to delivering justice and fair compensation to their clients. Contact us for a free consultation today.  

A Comprehensive Guide to Florida Car Seat Laws

Florida car seat laws are crucial for ensuring the safety of young passengers on the road. To provide the highest level of protection for their little one’s parents and caregivers must understand and adhere to these regulations and make informed decisions when selecting and properly installing car seats.  

From infancy through early childhood, Florida’s car seat laws enforce essential guidelines to promote safe and secure transportation for young passengers. In the event of a motor vehicle accident, failure to adhere to these regulations will not only result in a traffic citation, but also a reduction in the amount of compensation entitled to you under the law.  

 

 

What is Florida Law on Car Seats?

Florida’s child restraint law refers to car seat requirements and regulations intended to protect young children from significant harm in a motor vehicle accident. Infants and toddlers up to the age of three must ride in separate carrier devices. These can include rear-facing seats or integrated child seats provided by the vehicle manufacturer, provided they meet height and weight requirements and are securely fastened. For children aged four and five, separate carrier devices, integrated child seats, or booster seats are required. Once a child reaches six, they can use either a booster seat or an adult seat belt if it fits properly.  

Violating these laws can result in a fine of $60.00 and three points against your driver’s license. Moreover, the court may require a child restraint safety program in place of the points. In the event of an accident, violation of child restraint laws may also result in a lower settlement amount due to Florida’s modified comparative negligence laws (keep reading for more information).  

 

 

 

Requirements by Car Seat Type 

 

 

florida car seat laws: infant car sears (rear facing)

Infant Car Seats (Rear-Facing)

Infant car seats are specifically designed for newborns, providing optimal protection in the event of a crash. It’s crucial to use these seats in a rear-facing position, as this orientation distributes crash forces more evenly across the child’s body, reducing the risk of injury to the head, neck, and spine. If your vehicle lacks a back seat, it’s essential to disable the airbag when using a rear-facing car seat to prevent potential harm to the child.  

Generally, infants can remain in rear-facing seats until they reach 20 to 25 pounds, although some seats accommodate higher weights. While weight and height limits for rear-facing car seats vary among manufacturers, it’s imperative to adhere to the guidelines specified in the seat’s manual.  

 

 

 

florida car seat laws: convertible car seats

Convertible Car Seats

As infants outgrow their infant-only seats, transitioning to convertible car seats is the next step in ensuring continued safety. Convertible seats offer versatility, allowing them to be used in both rear-facing and forward-facing positions. The rear-facing configuration provides crucial protection for young children, while the forward-facing orientation accommodates older toddlers and preschoolers. Convertible car seats often feature higher weight and height limits for rear-facing use, enabling children to remain in this safer position for an extended period.  

 

 

 

florida car seat laws: forward facing car seats

 

Forward-Facing Car Seats

Florida law mandates that children remain in a rear-facing car seat until they outgrow the manufacturer’s specified height and weight limits, typically around 40 pounds. Once children reach this milestone, transitioning to a forward-facing car seat is appropriate. Forward-facing seats offer enhanced protection for older children, with features such as adjustable harness systems and energy-absorbing materials. It’s crucial to install forward-facing car seats securely and to regularly check for proper fit and adjustment as your child grows. 

 

 

 

florida car seat laws: booster seat

Booster Seat Laws Florida

Booster seats serve as an intermediary step between car seats and adult seat belts, providing crucial support and protection for children as they outgrow traditional car seats. Booster seats come in various styles, including high-back and backless options, offering flexibility to accommodate different vehicle configurations and child sizes.  

Children between four and five should continue using booster seats unless they reach 4 feet 9 inches. Proper fit is essential when using a booster seat, ensuring that the seatbelt rests comfortably across the child’s shoulder and lap, without cutting into the neck or abdomen. 

 

 

 

florida car seat laws: regular seat belt

Regular Seat Belts

While Florida law permits children aged six and older to use regular seat belts, it’s important to check if the seatbelt fits properly. Children should be at least 4 feet 9 inches tall before transitioning from a booster seat to a regular seat belt.  

When using a seat belt, the lap belt should lie snugly across the upper thighs, not the stomach, and the shoulder belt should cross the chest and collarbone, not the neck. Ensuring proper seat belt fit is crucial to minimize the risk of injury in the event of a crash. 

 

 

 

 

 

Legal Implications and Auto Accident Claims

In the unfortunate event of a car accident, compliance with car seat laws becomes paramount. Opposing parties may exploit any perceived negligence to shift blame and reduce compensation. Factors such as improper installation, exceeding height or weight limits, or disregarding recommended ages can be used against you. 

Determining Fault and Compensation

Under Florida’s modified comparative negligence law, the amount of compensation you can recover in a car accident lawsuit relates directly to your degree of fault. If it is determined that you were 20% at fault for the accident, your total compensation will be reduced by 20%. This principle applies to all forms of negligence, including the improper use of car seats. 

Failure to Adhere to Florida Car Seat Laws

In motor vehicle accidents, failure to adhere to car seat laws is noted a negligent act. Each driver on the road is legally obligated to exercise the care that a reasonable person would in similar circumstances. Think of it as a societal duty to contribute to the general well-being of everyone on the road. In not adhering to the law, a person is breaking that duty. According to the law, that failure is a negligent act. In the case of car seat restrictions, negligence can manifest in various ways:  

  • Improper Installation: Not securing the car seat according to the manufacturer’s instructions. 
  • Exceeding Height or Weight Limits: Using a car seat that is not appropriate for the child’s current height or weight. 
  • Disregarding Recommended Ages: Placing a child in a seat that is not suitable for their age, such as moving a child to a forward-facing seat too early. 
How Compensation is Impacted by Negligence

Since Florida is a comparative negligence state, even if the party didn’t cause the accident, their compensation will be reduced since their negligence resulted in greater injuries that could have otherwise been avoided. If you were originally entitled to $100,000 in damages but were found to be 30% at fault due to the car seat violation, your compensation would be reduced by 30%, resulting in a final award of $70,000. 

 

 

Florida Car Accident Lawyers – Free Consult

In the event of a motor vehicle accident, seeking proper legal assistance is essential. A Florida car accident lawyer is equipped with the knowledge, experience and expertise to ensure maximum compensation on your behalf. Remember, compensation is determined by your degree of fault so, an attorney becomes essential in negotiating your level of fault and compensation.  

The Law Offices of Scott J Senft has over 30 years of experience fighting on behalf of car accident victims in Florida. Having won hundreds and thousands of dollars on behalf of clients, we’ll pull all the strings to ensure you also receive the maximum compensation entitled to you under the law. If you’ve been involved in a motor vehicle accident, don’t hesitate to reach out to us. Contact us anytime for a free consultation – whenever you call, a lawyer will be there to answer your questions.  

 

 

 

Wrongful Death Deserves Accountability. Lets Us Help You

Is a family member or a loved one has unfortunately passed away because of another party’s lack of responsibility, fault, and negligence? We believe that you have arrived here because you are indeed desperately seeking clarity and peace of mind to such a devastating circumstance. Above all, we would like to say that we offer our condolences as we deeply regret the death of your loved one.

We cannot even begin to fathom the pain, sorrow, anger, and sadness that you may be going through at this moment. We would like to offer you our support, send you strength, and tell you that positive thinking is the best remedy in such a dark time.

However, we are also here because we are of the thought that words do not really make a difference. The truth of the matter is that a loved one died because of an underlying cause that was not his or her fault. Their death was precipitated by a faulty party that facilitated an event or consequence that fatally harmed your loved one.

For those reasons, we are here to tell you that these types of deaths cannot go unaccounted for. Legally speaking, these incidents are called “wrongful deaths” and as a result of their origin, those responsible must be held accountable.

We understand if you believe that holding those responsible to answer for their deeds won’t return your loved one. That is true and all, but the reality is that not only do you deserve answers and justice for your grievance but it is about the memory of your loved one as well.

He or she deserves that the questions be answered. The party at fault that contributed to such a painful occurrence must answer for their crimes. Once again, looking at this situation from a legal perspective, these supposed charges deserve an owed set of compensation to those who have to suffer the death of a loved one.

This is because death brings forth an array of financial and emotional complexities that are very difficult to deal with with a lack of preparation. This isn’t to say that preparedness is a core competency in these events because we as human beings will never be ready to deal with the loss of a loved one. However, the affected individuals will in fact benefit from a monetary settlement that will better prepare them to deal with the aforementioned consequences of a loved one’s passing.

What we want to provide for you in this space are details of the legality of wrongful death. Why? Because you deserve to know what you and the memory of your loved one are entitled to because of someone else’s lack of responsibility.

You need to understand that this circumstance consequently labels you as the living representative of the harm that was bestowed upon the deceased person. In other words, you will have to set out and fight to protect the rights of your loved one. These are the same rights that were negated and infringed upon at the moment of his or her death.

However, we also have to be frank with you because this will not be an easy task. More specifically, venturing out by yourself in search of justice will be virtually impossible without the right set of help.

Don’t lose hope though, because we are happy to tell you that with the assistance of a wrongful death attorney in Florida you will be able to come out victorious. These legal experts will fight for the rights of your loved one while also working to attain the monetary settlement that you and your family are entitled to.

This compensation will provide you financial relief, peace of mind, and more importantly justice. Please join us throughout this article as we delve into the core topics of the legal standards of wrongful death, qualifications of damages, and how a wrongful death attorney can help you. Let’s go ahead and get started.

Legal Standard of Wrongful Death In Florida

By pure definition, wrongful death claims allow the full estate (nuclear family) or those close to a deceased person to formally file a lawsuit against the party who is legally liable for the death of the affected victim.

Be aware, however, that each state’s wrongful death laws can vary in detail, these types of lawsuits tend to be filed by a representative of the deceased person’s wealth, and also any surviving family members negatively affected by the death.

The next task on the agenda will be to figure out what type of accidents or fatal injuries can be categorized as instances of wrongful death events. In wrongful death claims, it must be proven that the aggressor or at least party at fault created a dangerous situation that placed the victim in harm’s way. Let’s go ahead and review some instances of wrongful death.

  • Medical malpractice: This is defined to be a poor diagnosis of a condition, medical action, or illness that leads to a patient’s death. However, it must be proven that throughout that diagnosis or medical performance there were actions of negligence and carelessness in comparison to other medical professionals who performed the same action without any disastrous consequences.
  • Intentional murder: There are various degrees of murder but the point here is to make you understand that an aggressor killed your loved one because he or she felt like doing so.
  • Car accidents that lead to fatal injuries: This type of wrongful death perhaps highlights the epitome of negligence and lack of responsibility. Car accidents are the result of either speeding, drunk driving, and reckless driving. If any of these actions are proven in an extensive investigation you and the rest of your family are entitled to receive compensation.

Qualifications of Damages for Wrongful Death

Now that we know the legal complexities of wrongful death claims we have to review what type of damages can be compensated in wrongful death claims.

  • The deceased individual’s “pre-death” or stage of pain and suffering before their final days. (this is often called a “survival” claim).
  • Costs of medical treatments that the deceased victim had to undergo as a result of the injury prior to death.
  • Costs of funerals and burials.
  • Loss of the deceased person’s expected income.
  • The loss of any inheritance as a result of the death.
  • Monetary value of the services that the deceased would have provided
  • Losses of care, guidance, and nurturing that the individual would have been able to provide had it not been for their death.
  • Loss of love, companionship, consortium. 

Legal Representation in South Florida Is The Right Answer

As we mentioned before, we deeply regret the pain and sorrow that you may be feeling at this moment and for that reason is why you need to seek the expertise of a wrongful death attorney for the following reasons.

To start, it is worth mentioning that these legal experts have dealt with cases similar to yours countless times. As a result, they will have to handle everything ranging from filling out paperwork to actually talking to the insurance companies and legal representatives of the party at fault. Have in mind that the latter advantage is crucial within your legal claim. This is because there is nothing more difficult than having to deal with the insurance companies will you grieve the death of a loved one.

When we talked about the damages that qualify for compensation that is where your wrongful death attorney will come into the picture. The truth is that your word will not be enough to prove those damages. Nonetheless, your injury attorney will have the ability to effectively add value to those damages so that they can lawfully be represented in your desired compensation. This is a crucial asset while you move forward with the wrongful death case.

Your wrongful death attorney will also design an effective investigation of the facts that led and contributed to the death of the victim. This includes crucial evidence, witness statements, and medical records.

Lastly, your wrongful attorney will officially file the lawsuit that is backed by factual evidence, the value of damages, and a fortified case statement. He or she will represent you in all of their legal capacity to ensure that your pain and suffering do not go in vain.

You Deserve Peace of Mind

The following information was brought to you by the Law Offices of Scott J. Senft. At our practice, we will do everything in our power to ensure that the memory of your loved one is respected and venerated.

With over 23 years of experience in cases like yours, we vow to deliver results to our clients in such a difficult time. Remember, we are with you and are ready to fight for your compensation. Get in contact with us as soon as possible.

Product Liability: The Dangers of Defective Car Parts. You Deserve Compensation For That!

Our automobiles are one of the most important tools present in our lives that help us attain our livelihood. These vehicles permit us to go to work, take our kids to school, and simply allow us to get from point A to point B. Now, let’s get real, Miami is an enormous city that lacks a superb public transportation system. That is why for our standards, it is even more important to have a car in our possession. The simple truth is that in South Florida if you don’t have a car you will suffer the consequences of no transportation. 

The reason we are talking about this is that we are highlighting the level of reliance that the normal individual has on a car. People work extremely hard, and sacrifice many things in order to get a safe, efficient, and trustworthy vehicle. When people finally manage to attain a car, they place their trust and assurance into the manufacturers or sellers who provided them with the vehicle. For example, people drive their families in these cars or even utilize them for work related purposes. By doing so, they purchase, lease, or rent these vehicles believing that they will be safe at all times.

However, what if this does not go according to plan? What if there is an instance where you are driving and something happens to the car while being on the road? An unexpected accident of this magnitude can place your life at risk, as well as the lives of your loved ones. The issue though, is that this is a type of accident with a basis of negligence deriving someone else and not yours. Why may you ask? Because if it is proven that a defective product within the vehicle triggered your accident someone needs to be held accountable. If this has happened to you or a loved one, you have the absolute legal right to seek an owed set of compensation. 

By seeking the assistance of a car accident attorney in Florida, you will be able to receive the right set of expertise that will help you attain the monetary settlement you deserve. Keep in mind that in this accident, you have unfortunately become a victim because of the party at fault’s failure to uphold a code of owed responsibility. So, we would like to ask you to join us throughout this detailed account, so that you may learn the legal standards that arise with a defective car part accident, and how a personal injury attorney in South Florida can help you with them.

Types of Defective Car Part Accidents In South Florida 

We would like to begin by talking about the different sets of accidents regarding car accident claims when a defective part is a prime culprit. Each different part has specific legal issues that will need to be carefully examined by an accident lawyer.

Above all, car manufacturers have the sole duty to make sure that they maintain a basic standard of safety when dispatching their vehicles to be sold. Unfortunately, even though The National Traffic and Motor Vehicle Safety Act mandates specific safety guidelines to ensure safety, there have still been many defective product accidents since 1966. Since that year, there have been 390 million vehicle recalls, 46 million tire recalls, and 66 million defective car part recalls reports. These numbers reflect a lack of efficiency in manufacturing, as well as the likelihood of car accidents in the United States.

So, to make it clear, defective car parts can result from two specific instances:

  1. A circumstance in which a car part was designed in an incorrect manner, thus leading to an immediate deficiency when utilizing the vehicle or just an actual accident while on the road. 
  2. In this instance, there is a manufacturing defect in which the part was deemed safe upon creation. Nonetheless, something still went wrong throughout the manufacturing process and ended up contributing to a personal injury accident.

Specific Defective Car Part Lawsuits In Florida

If you have been involved in a car accident that was triggered by a malfunctioning part, you deserve to know exactly what qualifies as such and which will deem a compelling lawsuit. Oftentimes, a defective product lawsuit can even be an instance in which the defective part did not cause the accident per se, but failed to protect you from its consequences if it indeed happened.

Let’s go ahead and review the following instances of defective car products:

  • A moment in which the airbags fail to deploy properly or simply malfunction and fail to do their job. 
  • Notable tire flaws that could contribute to a crash, inability to slow down car speed, or accurate tire-to-asphalt gripping. 
  • Seatbelt failure, 
  • Steering wheel malfunction, 
  • Leaking fuel system, 
  • Defective transmission. 

Compensation For Defective Car Part Injuries

It is important to know your rights, and if you have been the victim of the above-mentioned negligence in manufacturing it will be detrimental to know what your injuries are worth. The following consequences of your accident will be added to your claim:

  • Medical bills, 
  • Pain & suffering, 
  • Physical injuries, 
  • Mental anguish, 
  • Recovery bills, 
  • Loss of income due to inability to work.

What Can A Car Accident Lawyer Do For You? 

This type of personal injury case tends to be complex because of the mixture of both defective product claims and car accident injuries. This is because the defective product either causes the accident, or fails to protect the driver how it’s supposed to do in the case of a crash. Nonetheless, the only way to receive the compensation you deserve is by hiring an expert accident lawyer in Florida. So, let’s go over the benefits of hiring one throughout this legal venture:

  • Your lawyer will be able to determine exactly what caused your accident. By doing so, the car accident attorney will compile an extensive investigation of the facts. This would include which part either failed to protect the driver or simply inhibited an accident. 
  • The car accident attorney will then have the ability to get in contact with the right people. Usually, the manufacturer would try to disprove any accounts claiming the car part malfunctioned. For that reason, the lawyer would ask outside experts to examine the vehicle to determine what exactly happened in the accident. 
  • By possessing the facts, your lawyer would now be able to present the evidence resoundingly. They would then seek to join that evidence with your own physical damages. Personal injuries and their immediate consequences would thus compile a strong argument for your case. 
  • Once you have the evidence, your attorney will be able to add monetary value to the above-mentioned injuries in our previous section. By analyzing your damages, your compensation will rise for your own benefit. 
  • The necessary experience: You can rest assured that your case will be handled in the right manner because your attorney has managed the same type of cases similar to yours in the past. They know how to talk to the manufacturing companies, and will represent you in court if necessary. 
  • Voice of reason: Lastly, your attorney will be able to provide you with a calm voice of objectivity when it’s time to make the tough calls. An accident of this caliber will inflict an insufferable amount of pain and suffering that will make it difficult to even times believe you’ll make it to the next day. This is where your attorney can guide your legal decisions and take care of any paperwork throughout your legal battle. (This will come in handy). 

Get Legally Represented At Once! 

The following information was brought to you by The Law Offices of Scott J. Senft The Lawyer. Scott and his team are a set of trained experts in the field that will make sure that your rights are protected at all times. This is a type of accident that deserves to be treated with the utmost seriousness. Oftentimes, people who suffer injuries from defective car part injuries simply omit their pain and choose to fix their car instead. 
This is because of the necessity and urgency needed to get the car repaired at once. We are here to tell you that we understand your needs and interests in this situation. Yes, your car deserves to be fixed, but you also need to compensate for your injuries. Let our legal experts provide you with what you’re entitled to. We will fight for your rights and deliver the proper set of justice. Scott J. Senft is eagerly waiting for your call so that he and his team can get started on your case at once. Call our number now!

Have You Been Injured Due To Someone Else’s Negligence? Join Us In A Free Consultation

Personal injury accidents are incidents that can negatively alter your quality of life, mental health, and financial stability. Even though these incidents can be quite unexpected, the main problem occurs when they are caused by someone else’s lack of responsibility. There is a wide range of accidents and each has their own legal standards, such as slip and falls, car accidents, medical malpractice, and defective product liability accidents. 

The aftermath of your accident will undoubtedly bring various obstacles your way. These can range from feelings of utter confusion and a vast amount of pain and suffering that may leave you feeling hopeless. Be advised that these are normal feelings throughout such unprecedented times. Nonetheless, it is important that you understand that there are solutions to your issues. You do not have to deal with these problems all by yourself. 

By hiring a personal injury lawyer in Florida, you will be provided with the necessary tools to tackle the legalities of your personal injury accident. So, we would like to ask you to join us during this detailed account, so that you may learn about these benefits. We shall talk about the specific legalities of these accidents and how a game plan will be created for your case throughout your first free consultation. 

Legal Standards Of Personal Injury Accidents In South Florida

Slip & Falls

A slip and fall accident is categorized as an incident in which an individual suffers a trip or slip in a public or private area. Due to the fall, the individual then proceeds to suffer mild to severe trauma on areas of the body.

Just like any other accident, slips and falls are also categorized and triggered by a failure of maintaining a code of responsibility. Some principles need to be upheld by the owners of said establishments, simply because they must ensure the safety of anybody that enters the area.

Public places like restaurants, supermarkets, retail stores, and office spaces are common areas where people suffer the most amount of slip and falls on average. Also, it’s not just public places where these events can occur. Private residences also qualify for negligent slip and fall accidents if and only if the person who sustained the fall was legally invited into the home.

Once this occurs, you will have to make a note of your surroundings. First off, the most important thing to do right after the accident is to request medical attention for your injuries. Even if you feel like you are not in danger, it is important to get checked out as soon as possible because the pain tends to creep in afterward on some occasions.

Nonetheless, at the scene of the accident, it will be important to make sure that you take pictures of what caused your accident and then request the owner to fill out an accident report. From that point forward, your legal battle will soon begin.

Car Accidents in Florida

Automobile accidents in South Florida are perhaps the most common incidents that occur in our state. The reason for this is because of the necessity to get from point A to B. Public transportation is not as common, nor is it used as often by our fellow Floridians. For that reason, personal automobiles are the main choice of transportation.

Unfortunately, a combination with the number of cars that are on the road, alongside a combination of irresponsible driving, inflict a mass amount of grief on the affected accident victims. More specifically, car accidents are the leading cause of fatality rates in regards to personal injury accidents. It was reported in 2019 there were a total of 3,273 deaths because of car related accidents. These are moments of pain and suffering that deserve to be accurately compensated for their worth.

After your accident and after you’ve received the necessary medical attention at the accident scene, you will need to gather a couple of things. It is crucial to get the contact information of the person at fault that caused your accident. This would include name, date of birth, insurance provider, and license plate number.

Once the police arrive on the scene, you should take a picture of the damages done to your car and any physical injuries as well. At the moment, an accident report will be created and you will be ready to initiate your legal battle.

Defective Products

Defective product liability is a very complex area of law that focuses on accidents that have caused harm to a consumer who purchases a product. The issue arises when the consumer proceeds to utilize the object in its corresponding manner, yet in that same process, it malfunctions and results in injuring that said consumer.

Many states have strict liability laws which exemplify the incidence of damages to the plaintiff. In this particular type of case, it needs to be proven that the manufacturer failed to ensure the safety of the individual. By doing so, the manufacturer affirmed that there would not be a possible cause of something wrong with the object resulting in a possible injury.

Substantial and factual evidence that the manufacturer breached their code of duty to the consumer there, alongside evidence of physical damages caused by that same malfunction, will automatically make the manufacturer liable for the damages.

Seek A Free Legal Consultation in South Florida 

Now that you are more aware of the complex legal issues that arrive with these three specific cases, it is now time to talk about the benefits of seeking a free consultation to address these issues. 

Costs & Fees

Perhaps the most important aspect of these consultations with personal injury accidents, is that these attorneys work with contingency fees. In other words, you will not have to worry about even paying a dime for their time. You will only have to actually pay if you win your eventual case.

First Meeting

When you seek to consult with your injury attorney in the first meeting you shall need to bring any related paperwork about the details of your accident. Within these documents, you should make sure to have the following:

  • Copies of court orders,
  • Medical records and bills, 
  • Contact information of those a fault, 
  • Evidence of your injuries (both physical and property damages)

When your consultation comes to an end, your attorney will evaluate the cost of your own potential case. Be aware that this fee will arise if and only if you actually win your legal battle at the end of settlement. 

Moving forward, your personal injury lawyer will then seek to negotiate your own fee and develop a structure of the payment schedule. In this meeting, the attorney will then present you with a client retainer agreement and a statement of client rights and further responsibilities. If you agree to the provided terms, your attorney will then swiftly initiate everything necessary for your case. By hiring a personal injury lawyer, your chances of attaining compensation will undoubtedly increase ten-fold!

Get Represented Right Away!

We truly hope that you now feel more informed about the benefits of seeking a free legal consultation when delving into the issues of your own personal injury accidents. The main takeaway from this article is that you understand that the best solution moving forward is to seek the help of a legal expert. 

Having said that, we are proud to inform you that the Office of Scott J. Senft will allow you to obtain the compensation that you are entitled to. Scott and his team are a set of trained legal experts that are ready to take your case and make sure that your rights are protected throughout your legal battle. They will add value to your injuries, and present the necessary evidence to ensure that your damages are accounted for. Contact us now, so we can get started on your case right away!

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