Florida Personal Injury Lawyers
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Personal injuries come in many shapes and forms, ranging in severity from very minor to catastrophic or fatal. Whether a person has sustained injuries in a car accident, has suffered at the expense of medical malpractice, or has suffered an injury from tripping and falling, among others, the pain, suffering and financial cost can be debilitating and life-altering. No matter how an injury happens, if someone else is to blame, victims have the right to hold that negligent person or party accountable.
At Parker Waichman LLP, our Florida Personal Injury Attorneys devote their legal practice to providing injured individuals with the legal representation they both need and deserve. Our Florida Personal Injury Attorneys focus on a client’s best interests – not the best interests of the attorney or an insurance company. The legal team of Parker Waichman LLP is ready to fight to help you receive the full and just amount of compensation for your injuries and suffering.
Experienced Florida Personal Injury Attorneys - Personal Injury Lawsuits and Settlements
Florida residents suffer debilitating injuries and wrongful deaths every day from catastrophic accidents and negligent conduct. Parker Waichman LLP understands that accidents can happen in many different ways and that it requires a thorough analysis of each accident to determine what went wrong and who is to blame.
Our Florida Personal Injury Attorneys focus on a wide range of personal injury and wrongful death areas of practice, including, but not limited to, the following:
- Car Accidents;
- Trucking Accidents;
- Medical Malpractice;
- Nursing Home Abuse and Neglect;
- And all other types of personal injuries.
When accidents happen, the Florida Car Accident Attorneys of Parker Waichman LLP enlist the help of accident reconstruction experts and analyze the available evidence (i.e., accident reports and witness statements) to determine why an accident happened, and who is to blame for causing the accident. Additionally, medical experts are utilized to assess the severity of a victim’s injuries and how those injuries happened.
Not every car accident, truck accident, act of medical malpractice, or instance of nursing home abuse or neglect will result in the same types of injuries. Injuries are just as varied as the different types of accidents that cause those injuries. As such, it takes a truly experienced Florida Personal Injury Attorney to investigate the unique facts of an accident or act of negligence to connect the dots and link one’s negligent behavior to another’s serious injuries or death.
Florida Car Accident Lawsuits and Settlements
Car accidents are a fact of life for Floridians. With such a populous state, car accidents are going to happen, and while some accidents are minor, such as a fender bender, other accidents are catastrophic, such as a high-speed head-on collision. Car accidents are caused for many reasons, and oftentimes, car accidents are preventable.
At Parker Waichman LLP, our Florida Car Accident Attorneys represent clients who have been injured or killed in car accidents that have been caused for a variety of reasons, including, but not limited to, the following:
- Inattentive Driving (such as texting, talking on the phone, using Facebook, Instagram, and other social media applications while driving, among others);
- Driving While Also Under the Influence of Alcohol or Drugs (including prescription or even some over-the-counter drugs);
- Running a Red Light or Failure to Stop at a Stop Sign;
- Failure to Yield;
- Unsafe Lane Change;
- Following Too Closely; and
- Driving While Sleepy or Falling Asleep at the Wheel.
Insurance companies often fight to limit the amount of compensation an injured person may be entitled to. As such, working alongside the Florida Car Accident Attorneys of Parker Waichman LLP provides injury victims with an avenue to fight back and demonstrate why they deserve compensation for their suffering.
Florida Truck Accident Lawsuits and Settlements
18-wheeler semi-tractor trailer truck and commercial truck accidents have the potential to result in significant damage that is not always seen with an everyday car accident. The simple fact that a tractor-trailer can weigh up to 80,000 pounds demonstrates that any collision can lead to permanent injuries and death. Many truck accidents share the same causes of car accidents, as described above. However, there are additional factors to consider when evaluating a truck accident. Truck accidents involve a more extensive analysis than an ordinary car accident, as there are multiple parties involved aside from the truck driver and the injured victim(s).
Both Florida and federal law have requirements that tractor-trailers must follow, especially when transporting goods across state lines. Because of the stringent regulations placed on tractor-trailers, truck accidents are often investigated by the National Highway Traffic Safety Administration (NHTSA). The NHTSA evaluates potential causes of the truck accident and whether any regulatory violations may have contributed to the accident.
An NHTSA investigation will evaluate the same factors that a personal injury and wrongful death attorney evaluates when determining the cause of a truck accident. Most investigations will focus on the truck driver initially to determine if the driver him or herself was at fault, in any way, for causing the accident. In some cases, it may not be the driver who has committed wrongdoing, but it could be the trucking company itself, or some component of the truck that is not in compliance with federal regulations.
Factors considered when evaluating a truck accident include, but may not be limited to, the following:
- The truck driver’s physical and mental fitness;
- The weight of the truck and whether or not the truck was overloaded;
- Whether the truck driver has a history of substance abuse;
- Whether the truck driver was drowsy at the time of the accident or fell asleep at the wheel, and violating any anti-fatigue or sleep requirement regulations;
- The truck driver’s driving history (prior traffic violations, poor driving record, or driver inexperience, among others);
- Whether the truck complied with safety and maintenance rules;
- Whether the truck exceeded the maximum length and weight allowed by the regulations; and
- Whether the truck driver was talking on the phone, texting or otherwise using a hand-held cell phone for any reason at the time of the accident.
As with car accidents, the Florida Truck Accident Attorneys of Parker Waichman LLP utilize truck accident reconstruction experts to evaluate the cause of a truck accident, as well as medical experts to evaluate a person’s injuries and how those injuries were caused by the truck accident.
Florida Medical Malpractice Lawsuits and Settlements
Medical malpractice is a broad personal injury and wrongful death practice area. Medical malpractice is conduct deemed to be negligent and below the standard of care for medical professionals, such as doctors, nurses, pharmacists, and chiropractors, among others. Just like auto accidents, medical malpractice happens in many different ways, and no two cases of medical malpractice are ever exactly alike. A medical professional has a heightened duty of care to patients, and conduct is measured by considering what a reasonable medical professional would do in a particular situation.
For example, a reasonable and prudent doctor would not operate on the wrong leg. If a person lost his or her leg because of a doctor’s mistake, that doctor should be held accountable for falling below the standard of care and causing a person to suffer harm through no fault of his or her own.
At Parker Waichman LLP, our Florida Medical Malpractice Attorneys represent clients who have been injured or wrongfully killed because of acts of medical negligence that include, but are not limited to, the following:
- Birth Injuries;
- Brain Injuries;
- Failure to Diagnose;
- Medication Errors (such as prescribing a medication a patient is allergic to, prescribing the wrong dose of medication, or prescribing a medication that interacts with other medications the patient is taking, among others);
- Failure to Order Necessary Diagnostic Tests;
- Surgical Errors;
- Failure to Document Accurate Information in a Patient’s Medical Records;
- Nursing Errors;
- Failure to Promptly Treat a Patient in Distress;
- Anesthesia Errors;
- Emergency Room Errors; and
- Misinterpreted Diagnostic Studies.
We all need and rely on medical professionals for necessary treatment, and while a vast majority of medical professionals do not intend to harm patients, mistakes happen that can change a patient’s life forever, or perhaps even end a patient’s life. As such, regardless of intent, medical professionals who cause a patient to suffer injury or death should be held accountable for falling below the standard of care. After all, if negligent medical professionals are not held responsible, the same types of medical errors may continue to happen. The Florida Medical Malpractice Attorneys of Parker Waichman LLP are ready to help any victim who has suffered injuries or death because of an act of medical negligence.
Florida Nursing Home Abuse and Neglect Lawsuits and Settlements
Nursing homes do not have a good reputation both in Florida as well as throughout the United States. Nursing homes should be a place for ill patients in need of round-the-clock medical care to feel comfortable and cared for. However, instead, nursing homes have become feared by both patients and loved ones, many of whom have witnessed a patient’s suffering first-hand. Nursing homes are notoriously understaffed, underfunded, and the goal of many nursing homes is to make money, not provide necessary medical treatment for patients.
As such, many nursing home patients experience abuse, neglect, and are also victims of medical negligence. Examples of injuries sustained by nursing home patients include, but are certainly not limited to, the following:
- Falls that result in broken bones;
- Infections resulting from an unsanitary environment, and nursing home staff’s failure to assist patients in bathing, as many patients are unable to bathe on their own;
- Medical conditions resulting from a failure to properly administer medication; and
- Physical, sexual, and emotional abuse.
Until the nursing home industry improves, patients will continue to suffer endlessly at a time when they should be enjoying their later years. At Parker Waichman LLP, our Florida Nursing Home Abuse and Neglect Attorneys see the devastation every day and work diligently to help clients hold nursing homes and their staff members responsible for their wrongdoing.
Time is Limited to File a Personal injury Lawsuit in Florida - Why You Should Act Quickly
There are time limits on how long a person has to file a lawsuit in Florida. Every state has its own laws, so it is very important for injured individuals who live in Florida to know what laws apply to them if they wish to pursue legal action. Florida has the following statutes of limitations dealing with injuries:
- Personal Injury – 4 Years with Discovery Rule
- This statute of limitation applies to injuries sustained from acts of negligence other than medical malpractice, such as an auto accident, trip and fall accident, and dog bite injury, among others.
- Injured persons have four years from the date of the negligent act to file a lawsuit.
- The discovery rule is something not available in all states, and it allows an injured person to have four years from the date he or she knew or “discovered” that his or her injuries were caused by another’s negligence. However, it is important to not rely on this Discovery Rule as it may not apply in every situation.
- Medical Malpractice – 2 Years with Discovery Rule (4 Years Maximum from Date of Negligence)
- With medical malpractice, a person has two years from the date he or she knew or should have understood that his or her injury was caused by medical malpractice. However, even with the Discovery Rule, an injured person cannot file a lawsuit if it has been more than four years since the date of the act of negligence.
- Wrongful Death – 2 Years from the Date of Death
- This statute of limitation is the most strict and a decedent’s estate must file a wrongful death lawsuit no later than two years from the date of death if a person’s death was caused by negligence, whether because of an auto accident, medical malpractice, or nursing home abuse or neglect.
Since each and every situation is different, it is important to rely on an attorney’s professional judgment and advice as to how the statute of limitations will apply in a particular personal injury, medical malpractice or wrongful death case. As such, injured victims should speak with an attorney immediately if they believe they have a potential legal claim.
How Do I Know if I Have a Case or Grounds to File a Florida Personal Injury Lawsuit?
The only way to know whether or not you have a valid personal injury claim is to discuss the situation with an attorney. There is nothing to lose by seeking the guidance of an attorney who can quickly determine if an act of negligence caused someone’s injuries. Waiting too long to find out if you have a potential legal claim can bar you from ever recovering if you do not file a legal claim within the prescribed statute of limitations, as discussed above.
The Steps of a Florida Personal Injury Case - What You Should Know
Every personal injury, medical malpractice, and wrongful death case is a little different, but the overall process of a case from start to finish is similar. The general steps followed when pursuing personal injury claims include the following:
- The Initial Free Consultation – The first step to finding out if an injured person has a potential legal claim is the free consultation, where a potential client speaks with an attorney.
- Case Review – An attorney will evaluate the information obtained during the consultation process and reach a decision as to whether the injured person has a potential legal claim.
- Evaluation of the Injuries – If an attorney believes an injured person has a potential legal claim, the attorney will then evaluate how serious the injuries are and begin to link the injuries to an accident or act of medical negligence.
- Filing the Lawsuit – Depending on the type of accident and the injuries suffered, an attorney may try to work directly with an insurance company before filing a lawsuit. However, if a matter cannot be resolved by negotiation, an injured person may proceed with filing a lawsuit in court.
- Discovery – After a lawsuit is filed, the parties must exchange information, such as medical records, accident reports, and any other documents that support or refute a legal claim. This is the evidence-gathering process that enables attorneys to identify in what way someone else is responsible for a client’s injuries.
- Trial or Settlement – After the discovery stage, if a case is still in court, the case may settle or could go to trial. It is ultimately up to the client if a case goes to trial. However, many injured victims decide to settle a claim and not take the risk of going to trial and losing.
How Can a Florida Personal Injury Attorney Help Me?
A Florida Personal Injury Attorney not only advocates for an injured client’s rights but also investigates a case to the fullest extent to maximize the damages sustained by a client. For example, a truly dedicated attorney will identify each and every medical bill that was incurred because of treatment associated with personal injuries. Additionally, a diligent attorney will compare and contrast how an injured person was before an accident and how that person’s life has been forever changed because of an act of negligence. At Parker Waichman LLP, our Florida Personal Injury Attorneys focus on recovering the maximum amount of compensation possible given the severity of a client’s injuries.
Frequently Asked Questions About Florida Personal Injury Lawsuits and Settlements
A lawsuit can be a very long process, and depending on how complex the situation is, it could take anywhere from less than one year to three year or longer to finish the entire process. However, because all cases are different, it is difficult to estimate when a case may get resolved.
It is impossible to guess whether one client will receive compensation or not, but the only way to find out is to move forward and investigate whether a person’s injuries were sustained because of someone else. If a person’s injuries are clearly linked to another person’s conduct (i.e., a person was injured in a drunk driving accident), that person is more likely to receive compensation if it can be proven that another driver was drunk when he or she caused the accident.
Insurance companies can be difficult to work with, and an injured person does not have to speak directly to his or her insurance company. Instead, an injured person can allow an attorney to handle the matter and ensure the insurance company is not taking advantage of the injured person.
Some accidents involve multiple parties where more than one person or party may be at fault. In such cases, an attorney will evaluate the proportion of fault to determine to what extent others should be held responsible for a client’s injuries.
Parker Waichman Has Recovered Over 2 Billion Dollars for Clients
Parker Waichman LLP Has Recovered More Than $2 Billion for Injured Clients
Personal injuries can happen on any given day and at any given time. Parker Waichman LLP understands how sudden accidents can result in tragic and debilitating injuries. Our Florida Personal Injury Attorneys have gained national recognition for being one of the few firms to recover more than $2 Billion in settlements, trial verdicts, arbitrations and mediations for their clients. As a leading personal injury law firm in the United States, Parker Waichman LLP has extensive experience handling the most catastrophic of injury cases.
Awards and Accolades
Parker Waichman LLP has been recognized for providing dedicated legal representation to injured victims. Such recognition and honors include the following:
- AVVO Rating of 9.8/10;
- AV Peer-Reviewed “Preeminent Lawyers” rating;
- Listed in Peer-Reviewed “Best Lawyers”; and
- Ranking of “5 Dragons” according to Lawdragon’s peer review.
Our Promise to You
The Florida Personal Injury Attorneys of Parker Waichman LLP have one goal in mind for every client – fight tirelessly to hold a negligent person or party accountable for causing personal injuries or death. Every injured victim deserves to have a skilled attorney advocating for his or her rights and interests, and Parker Waichman LLP is known for doing just that.
Contact Parker Waichman LLP Today to Schedule Your Free Consultation
If you or a loved one suffered injuries resulting from a car accident, truck accident, trip and fall accident, or medical malpractice, among others, it is crucial to speak with a Florida Personal Injury Attorney right away. Parker Waichman LLP has skilled attorneys standing by to speak with potential clients about their situation. Our attorneys offer legal representation to individuals in and around Fort Myers, Cape Coral, Naples, Bonita Springs, Immokalee and Marco Island.
If you would like to learn about what legal options are available to you, contact Parker Waichman LLP today by calling (800) YOUR-LAWYER (968-7529) to schedule your free consultation to speak with one of our attorneys. We have attorneys and paralegals standing by who are fluent in Spanish to offer assistance to Spanish-speaking clients.