Blog posts of '2021' 'August'

How Florida’s comparative negligence law affects you

If you or a loved one has been injured in a motor vehicle accident, then you have a tough road ahead of you. The physical and emotional pain of the injuries suffered can be excruciating and overwhelming, and the financial realities of your situation can be daunting to say the least. That’s why it might be in your or your loved one’s best interests to pursue a personal injury lawsuit. While this certainly means gathering the evidence and developing the legal arguments that are necessary to impose liability, it will probably also mean defending your or your loved one’s driving.

Florida’s comparative negligence law

Under Florida law, comparative negligence applies to personal injury claims. This means that the judge or jury will look at the facts presented and determine how best to allocate fault. The fault doesn’t have to be placed with just one party. Instead, the judge or jury can divide the fault as it sees fit. This means that you, as the plaintiff, could end up bearing some of the fault burden.

What does this mean for you? It means that you’ll likely have to play some defense when you’re presenting your personal injury claim. You’ll probably have to face allegations that you were driving in an errant fashion, such as by speeding or driving too closely. If the defense is successful in arguing these points, then your recovery may be reduced by the percentage of fault allocated to you. Therefore, if you’re awarded $100,000 but are found to be 40% at fault for the accident, then you’ll only recover $60,000. That can drastically reduce your ability to recover from your injuries.

Take a holistic approach to your personal injury claim

To maximize your chances of obtaining the outcome you want from your personal injury case, you need to take a holistic approach and be thorough in developing both offensive and defensive arguments. So, take the time needed to adequately prepare your case so that you can set yourself on the road to success.

What are the rights of seniors injured in a grocery store?

Seniors in Miami take pride in their ability to remain independent. Many seniors can drive, attend church, enjoy recreational activities and do their own shopping. However, even a healthy senior can suffer a serious injury if they slip and fall in a grocery store or other business.

When this happens, they will want to learn more about their right to pursue a lawsuit. Florida law provides remedies for those who slip and fall on a spill in a store. However, if you are injured you do not want to wait too long to file a legal claim. If you do, you could lose the right to sue altogether.

Can I pursue a lawsuit for my slip-and-fall injury?

Under Florida law, if you are injured after slipping on a spill on the grocery store floor or the floor of any business, you may be able to sue the store for the damages you suffered. Compensation depends on whether the store knew or should have known of the spill and failed to remedy it.

If an employer knows of a spill but does not clean it up, rope it off or place a warning sign by the spill may be sued for their negligence. A store should have known of the spill and should have remedied it if the spill was on the floor so long that it would have been discovered through ordinary care. In addition, a store also should have known of the spill if such spills happen often and are foreseeable.

Do not wait too long to file a lawsuit following a slip-and-fall injury

It is important not to wait too long to file a lawsuit against a business for your slip-and-fall injury. This is because Florida has a “statute of limitations” that dictates the time period in which a person can pursue a legal claim. Once that time period is up, a person can no longer file a lawsuit. In Florida, the statute of limitations for slip-and-fall cases is four years.

A slip-and-fall injury can be life-changing for seniors

Seniors who slip and fall in a store can break a hip, suffer a head injury or suffer a spinal cord injury. Any of these injuries could be life-changing leaving a once-independent senior dependent on others for care. Some seniors will never completely heal from such injuries. Damages obtained through a legal claim can provide much-needed financial relief for injured seniors as well as hold stores responsible for their inaction.