Accidents and Personal Injury Attorneys In Florida
If you or someone you know was injured in an accident in Florida, the lawyers at Parker Waichman LLP may be able to help you recover compensation for your expenses, damages, and injuries.
Collecting damages from the party who is allegedly at fault for an accident is sometimes complex. Our attorneys have decades of history and successful experience litigating Florida accident cases and recovering compensation for its clients. If you or someone you know has been injured in an accident in Florida, the firm offers legal consultations to individuals with questions about filing an accident lawsuit.
Accidents claims may include car, truck, motorcycle, and pedestrian accidents; construction actions; slip and fall accidents/trip and fall accidents; labor law issues; and production liability cases.
The cause of action typically pursued when one is injured in a car accident is negligence, which is defined as a failure to exercise a reasonable level of care under the circumstances. In a car accident claim, when one driver fails to use reasonable care and causes harm to another driver, the injured driver may file a lawsuit alleging that the defendant driver was negligent. Texting while driving, drowsy driving, tailgating, driving while under the influence, and other careless and dangerous acts on the part of the driver may be considered negligence.
Florida is a “No-Fault” car insurance state and follows the no-fault system for injury claims following a car accident. Drivers must carry auto insurance that pays personal injury protection (PIP) benefits. Also, under Florida’s statute of limitations for personal injury cases, the injured party has four years from the date of the accident to file a lawsuit in Florida’s civil courts. Parker Waichman has many experienced Florida Car accident lawyers.
Accidents involving trucks are particularly traumatic, even deadly, due to their large size and typically heavy and sometimes dangerous loads. Truck driver drowsiness may increase risks for accidents, especially given that many businesses depend on trucks for rapid delivery of goods; truck drivers often drive for hours with little rest.
Truck accidents may lead to horrible injuries to passengers, pedestrians, and riders in other vehicles, including brain and spinal cord injuries, sprains, fractures, abrasions, internal and soft tissue injuries, burn injuries, and death. Victims and their families face devastating medical, financial, and legal issues and injured victims might never be able to work again. In a case in which a fatality occurs, the family is often left without an important means of financial support. Our Florida truck accident lawyers know how to deal with these companies and have significant experience handling truck accident cases.
Motorcycle accident injuries are associated with more serious injuries than are seen in other vehicular accidents due to the riders’ exposure. Data from the National Highway Traffic Safety Administration (NHTSA) found that, for every vehicle mile traveled, more motorcyclists will die than passenger car occupants in a crash given motorcyclists minimal physical protection on the road.
The Department of Motor Vehicles (DMV) notes that a motorcyclist is 37 times likelier to die in a crash than an individual operating an automobile. Parker Waichman has many fully versed Florida Motorcycle Accident Lawyers.
Pedestrians hit by a motor vehicle tend to suffer from serious injuries or death. Motor vehicles of every type must yield to pedestrians; therefore, when a pedestrian is hit by a motor vehicle, the fault of the accident is often with the driver. Pedestrians in Florida who have suffered a serious injury or who have died may be able to receive compensation in a pedestrian accident lawsuit.
Circumstances that lead to pedestrian accidents include disobeying traffic signs or signals, disregarding weather or traffic conditions, distracted driving, driving on the sidewalk, driving through a light or a stop sign, driving under the influence of drugs or alcohol, failure to notice a pedestrian, failure to signal when turning or to yield the right of way to pedestrians at a crosswalk, turning through a crosswalk, parking, reversing, or speeding. Pedestrian accidents often lead to significant injuries, including amputation, brain injury, death, organ damage, and spine injury.
The injury’s severity depends on car size, speed, and if the driver made an attempt to avoid hitting the pedestrian. Pedestrians who have been hit by a vehicle may be able to receive compensation for lost wages, diminished earning ability, past medical bills, expected future medical bills, pain and suffering, and a diminished quality and enjoyment of life.
When a pedestrian is injured in Florida, more than one individual may have legal responsibility. Pedestrian accidents may involve poor road maintenance, sidewalk or parking lot defects, and construction or other debris on walkways. A pedestrian may recover damages for injuries suffered due to someone else’s negligence regardless if the injury is due to a vehicle or a property defect.
Pedestrians must also exercise reasonable care that must be proportionate to the danger to be avoided, including reasonably anticipated consequences. Contributory negligence may be assessed against the pedestrian if he or she failed to use such care and contributed to the cause of his or her injuries. Pedestrians are responsible to pay attention to traffic signs and signals, as well as entering and disrupting traffic flow, neglecting to use marked crosswalks, and running in front of a vehicle.
In Florida, when in the presence of children, drivers must exercise greater care, especially when driving by schools, parks, and residential areas. Young children are at greatest risk of being hit by a vehicle because they are smaller, less visible, and may be unpredictable. Parker Waichman has many Florida Pedestrian Accident Lawyers that is familiar with all of the regulations and rules involved with pedestrian accidents in Florida.
Under the Fair Labor Standards Act (FLSA) employees must be paid for all of the hours they “suffered or” were “permitted to work,” including working extra hours, time spent at their place of employment while preparing for work, and attending mandatory training sessions and meetings. Under the FLSA, employees, including tipped employees, must be paid no less than minimum wage. Often, companies try to work around FLSA pay requirements, which is a violation and which may entitle the employee to file an FLSA lawsuit.
The major provisions of the FLSA include overtime pay, working off of the clock, minimum wage, tipped employees, independent contractors, youth employment, and record keeping.
The U.S. Migrant and Seasonal Agricultural Worker Protection Act (MSPA) provides employment-related protection to migrant and seasonal agricultural workers. Protections are not applicable to independent contractors. Also, under MSPA, all non-exempt farm labor contractors, agricultural employers, and agricultural associations must disclose the terms and conditions of employment to each migrant worker.
Disclosure must be in writing (at request) at recruitment and to the seasonal worker when offered employment. Information must be posted, workers must be paid wages owed when due, and workers must be provided an itemized statement of earnings and deductions.
Employers must be sure that housing and/or transportation, if provided, is in compliance with applicable federal and state safety and health standards and insurance requirements. Every driver must be properly licensed and employers must comply with the terms of working arrangements and make and keep payroll records for each employee for three years. The Florida Labor Law Injury Lawyers at Parker Waichman are familiar with Florida labor laws and will work to help secure the compensation for on-the-job injuries.
Construction injuries are on the rise and falls are the most common type of construction accident. Inspections reveal safety violations and citations and, often, nonunion workers are employed.
Florida workers’ compensation law provides important benefits to workers who are injured on the construction job site; however, the benefits available to injured workers are limited. Although a lawsuit may provide more complete compensation for a serious Florida construction site injury, employers and general contractors are typically immune from lawsuits over work-related injuries to employees. This does not mean that Florida construction workers who are injured on the job do not have any recourse in court.
For example, non-immune parties, including other subcontractors, suppliers, or equipment manufacturers, may have contributed to the injuries. Also, workers who believe they are employees may be independent contractors not bound by the employer immunity provided under Florida law. Parker Waichman’s experienced Florida Construction Accident Lawyerswill examine the possibilities and will aggressively fight for your legal rights.
Construction sites involve physical labor, powerful machinery, great heights, and working on roadsides where traffic accidents may occur. Employees face routine and serious risks of injuries while working due to the nature of construction work. Experts suggest some sites are not well supervised and operate with minimal safety measures.
Falls typically involve cranes, ladders, roofs, scaffolding, and other work heights. Accidents may involve workers being hit by objects such as inappropriately secured tools and materials, faulty or misused heavy machinery, defective equipment, trucks on a site, leaking pipes, exposed wires, flammable and toxic chemicals, trench and building collapses, electric shock, wearing inappropriate gear, worker error, traffic accidents, and becoming trapped. Injuries may include brain and spinal injuries and respiratory illness such as pneumoconiosis due to dust, asbestos, and silica.
Fatal pneumoconiosis conditions include asbestosis, coal workers’ black lung, and silicosis. Workers may also be exposed to lead at high levels. Due to the repetitive motion and hard physical labor involved in construction, workers may suffer from repetitive motion injuries, muscle, and joint damage. Working long hours outside may cause heat stress when it is hot, which may lead to brain, heart, or kidney damage, and even death. Being outside in the cold may cause hypothermia or frostbite potentially leading to the loss of fingers, toes, and facial areas.
Injuries may also lead to other digit and limb amputations, broken bones, sprains, burns, explosions, electrocutions, cuts, death, traumatic brain injury (TBI), hearing loss, eye injuries, paralysis, spinal cord injuries, and post-traumatic stress disorder (PTSD).
Product liability injuries occur when one individual becomes allegedly injured due to a defective product. Any
number of parties may be held liable for releasing a defective product to the market that the manufacturer knew, or should have known, might present risks to consumers.
Florida Product Liability Lawyers at Parker Waichman have deep and substantial knowledge about the Florida laws meant to protect consumers from defective products. Defective products may include children’s toys, home appliances, clothing. medical devices, prescription and over-the-counter medications, and foods. Depending on the product, a person, a large firm, and any type of entity may be held liable for damages and injuries.
Trip and Fall Accidents
A trip and fall or slip and fall accident may occur when an individual is walking on a surface and encounters a dangerous condition, including liquid, slippery substances an object or a trip hazard. An injured individual may recover damages due to negligence if the individual is injured due to these dangerous conditions. Certain key elements must be met in trip and fall accident lawsuits.
Negligence on the part of the individual or entity responsible for where the accident occurred must be proven: These accidents can occur when a property owner/operator allegedly failed to warn of a dangerous condition with signs or roping off the dangerous area.
Trip and fall lawsuits may be filed when the owner/operator of the property where the accident occurred neglected to take action to avoid the accident. If there is a slippery substance on the floor of a restaurant, business, or theater and the owner of the establishment was aware, or should have been aware, but neglected to dry the area or warn patrons, there may be liability. In this case, the owner may be responsible for such accidents. In some cases, if a property owner had no way of knowing about the dangerous condition, the situation may not constitute negligence.
When injured in a slip and fall accident, medical attention should be immediately sought. The property owner should be advised and claims must be documented and should include resulting injuries, the dangerous condition, and witness(s) names and contact information. Compensation from a slip and fall lawsuit may help cover medical expenses, such as hospital stays or other types of medical treatment and loss of wages. . Florida Trip and Fall Accident Lawyers at Parker Waichman have been successfully representing Florida City trip and fall injury victims for decades.
If You Have Questions About Filing An Accident Lawsuit
The attorneys Parker Waichman have a long history of successfully fighting Florida accident cases and recovering compensation for their clients. If you or someone you know has been injured due to an accident in Florida, the firm offers legal consultations to individuals with questions about filing a lawsuit. Parker Waichman offers free, no-obligation case evaluations.
For more information, call 1-800-YOURLAWYER (1-800-968-7529).
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