Get Full Compensation for Your Florida Accident Injury Claim
Most Floridians either have been involved in an accident themselves or at least know someone who has. While some accidents are minor, others are severe, causing painful injuries and even death. Accidents can happen in many ways, and every accident can cause injuries that range in type and severity.
At Parker Waichman LLP, our Florida personal injury lawyers provide legal representation to clients who have suffered injuries in auto accidents, pedestrian accidents, workplace accidents, trip and fall accidents, and many others. We can help you to stand up for your legal rights and get the compensation you deserve.
Why is Parker Waichman law firm the best choice for Florida accident attorneys?
Parker Waichman in my opinion is the best law firm for an accident in Florida for many reasons. One is we don’t treat every case the same as the case that came in an hour before it. Every case is very unique, every case has unique facts and every case needs to be fully investigated within hours of receiving the retainer from the client because there are very unique facts in every case and you need to preserve those facts.
You want to be first to talk to the witnesses at the scene and you want to find the responding police officer and ask him questions. You want to see if there’s any skid marks or other evidence at the scene. You want to determine if there’s any video cameras on stores or light poles that captured the accident.
Our lawyers at Parker Waichman are always immediately on scene getting this crucial information for your case. If you just treat every accident like the rest you’re going to lose the best evidence in the case, the witnesses, the police the videotapes which is why you have to get out there immediately and we do.
Florida Personal Injury and Accident Areas of Practice
At Parker Waichman, our accident attorneys in Florida handle numerous types of accident cases involving personal injuries, including:
- Florida Accident Injury Lawsuit Lawyers
- Auto Accident Attorney in Florida
- Florida Truck Accident Lawyers
- Florida Motorcycle Accident Attorneys
- Labor law compliance
- Workplace accidents
- Construction accidents
- Product liability
- Trip and fall accidents
No two accidents are ever exactly alike; a car accident can happen for countless reasons, as can a workplace accident or a trip and fall accident. But the attorneys at our law firm have decades of experience with accident claims, which they draw on to successfully litigate cases like yours. Call today for a free consultation with a skilled Florida personal injury lawyer to learn more about how we can help you.
Car Accident Lawsuits and Settlements
We all know that car accidents happen on a daily basis, and often, an accident can be blamed on another driver’s negligent conduct. Common causes of car accidents include:
- Texting, talking on the phone, using social media apps such as Facebook, Twitter, and Instagram, and otherwise being distracted while driving
- Driving under the influence of drugs or alcohol, including prescription or over-the-counter drugs
- Traffic offenses, such as speeding, failing to stop at a stop sign, running a red light, failing to use a signal, unsafe lane change, failing to yield, and following too closely
- Vehicle equipment failures, such as brake failure or tire blowouts, some of which may be related to a product defect
- Driving while drowsy or falling asleep at the wheel
Florida is one of only a handful of states that has a “no-fault” car insurance system. What this means is that fault is not considered when paying out benefits for injuries suffered in a car accident. Under Florida law, every driver is required to have a car insurance policy that covers a minimum of $10,000 in personal injury protection (PIP). But what many people may not know is that PIP does not cover bodily injuries suffered in a vehicular accident. Rather, PIP applies to situations where a child may be injured in a school bus accident, a bicyclist may be struck by a car or a pedestrian may be struck by a car, among other non-vehicle-on-vehicle accidents.
Florida does not require bodily injury liability (BIL) coverage, which can make it difficult for some injured victims to seek compensation when someone else is at fault for causing a car accident. Thankfully, a qualified Florida car accident attorney can step in to help you get compensation through the legal system. That’s why it’s important to find the best personal injury lawyer in Florida for your case without delay.
Truck Accident Lawsuits and Settlements
Truck accidents have the potential to cause devastating injuries. Semi-trucks range in size and weight depending on whether a truck is carrying a heavy load or no load at all. Even the lightest and smallest semi-trucks can cause significant damage if involved in an accident. Truck accidents happen for some of the same reasons as car accidents, including:
- Distracted driving, such as playing with the radio, texting, using social media apps, talking on the phone or taking videos or photos while driving
- Driving under the influence of drugs or alcohol
- Drowsy driving or falling asleep at the wheel
- Failing to yield
- Failing to use a turn signal
- Failing to stop at a red light
- Failing to stop at a stop sign
- Following too closely
- Driver inexperience or lack of training
- Brake failure, tire blowouts, and other mechanical defects
- Weather conditions
Because truck accidents usually involve more than just a truck driver and the injured person, it’s important to discuss any injuries sustained in a truck accident with an experienced Florida truck accident attorney. There are multiple variables to address with trucking accidents, and questions will be asked of not only the truck driver but also the truck owner and/or the trucker’s employer. Additionally, the National Highway Traffic Safety Administration (NHTSA) may investigate a truck accident, which can be critical to any potential legal claim involving injuries sustained in a trucking accident.
Motorcycle Accident Lawsuits and Settlements
Motorcycles are a way of life for many Floridians, but unfortunately, motorcycle accidents happen every year that result in fatal injuries. While motorcycles do not afford the same protection as cars and trucks, motorcyclists should still feel safe on the roadway alongside other, larger vehicles. As with car and truck accidents, motorcycle accidents can have many causes, including:
- Distracted driving (like texting, talking on the phone, taking pictures or videos or using social media apps)
- Driving while under the influence of drugs or alcohol
- Traffic violations, such as speeding, failing to stop at a stop sign or red light, failing to yield, failing to use a turn signal, and changing lanes too quickly
- Weather conditions
The personal injuries sustained in a motorcycle accident are often permanent, if a motorcyclist survives at all. The road to recovery may be a lifelong struggle for injury victims. Acting quickly to speak with a Florida motorcycle accident attorney is a good idea to find out if legal action is an option for someone who has been seriously injured in a motorcycle accident.
Pedestrian Accident Lawsuits and Settlements
Pedestrian accidents often leave victims with life-changing injuries such as head trauma, shattered bones, neck and back injuries, and spinal cord injuries, which may lead to paralysis, among other serious injuries. Failure to yield is a common cause of pedestrian accidents. However, the same common causes of auto accidents apply to pedestrian accidents. Whether a driver is texting while driving, falls asleep at the wheel or is driving under the influence, the consequences are the same: a pedestrian is severely injured or killed. But with the help of a talented Florida pedestrian accident attorney, you can get compensation for the damage these devastating accidents cause. Contact a Florida accident attorney as soon as possible for a consultation on your claim.
Labor Laws and Workplace Accidents: What All Workers Should Know
What All Workers Should Know
The Fair Labor Standards Act (FLSA) governs both employers and employees, and it’s meant to protect employees from wrongful acts, such as failing to pay an employee minimum wage. Whether an employee receives tips as part of their job or not, that employee is entitled to be compensated with “no less than minimum wage,” a rule that many employers and employees are not aware of. While many employers comply with the FLSA, some employers do not, and employees who are not appropriately paid under the FLSA may have grounds to file a lawsuit. Overtime pay is another area where employees may not be receiving the compensation they are entitled to.
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) is intended to protect migrant and seasonal agricultural workers from unlawful employment practices. This law does not apply to independent contractors, however, so it’s important to have a good understanding of whether a worker is considered an employee or an independent contractor. Under the MSPA, all employers are required to disclose the terms and conditions of employment to workers, provide such terms and conditions in writing upon request, and post such terms and conditions in the workplace so that they are visible to all employees. Additionally, the MSPA governs matters such as fair pay and safe work conditions, among others.
A worker might be entitled to workers’ compensation benefits if they suffered physical injuries while on the job. For example, if a worker falls and fractures a bone while on the job, they could be eligible to receive compensation for medical expenses and lost wages. In some situations, a worker may be able to receive workers’ compensation benefits for an illness contracted while on the job. However, because all situations are different, it’s important to consult a knowledgeable Florida workers’ compensation attorney about your potential claim. It’s also important for workers to understand that independent contractors may not be eligible for workers’ compensation benefits.
Construction Accident Lawsuits and Settlements
Florida continues to boom, attracting new residents every year. Along with a rise in population comes the need for new construction to accommodate new homes and new businesses. On-site construction accidents and illnesses afflict workers every year, leaving many of them with permanent injuries and a few with fatal injuries. Falls are among the most common construction accidents, as a significant number of workers must operate from ten or more feet above the ground. Whether a worker is harnessed or not, a fall can cause debilitating and permanent injuries. While workers’ compensation benefits may be available to some injured construction workers, it’s also important to find out if the construction site was unsafe in any way and if an accident could have been prevented.
By speaking with a personal injury attorney, Florida workers can find out if a potentially unsafe working environment or violation of rules and regulations contributed in any way to the accident. In such cases, an injured worker may choose to file a lawsuit with the assistance of a Florida construction accident attorney. Because time is limited to file both a workers’ compensation claim and a personal injury claim, you should consult a Florida accident attorney about any injuries or illnesses sustained in the course of employment as soon as possible.
Product Liability Lawsuits and Settlements
Defective consumer products and defective drugs and medical devices cause thousands of injuries each year across the country. Customers and patients rely on manufacturers to ensure that their products are safe. When unsafe products enter the marketplace, consumers suffer, and often, manufacturers are aware of these safety issues or defects and do not take the proper steps to cure them. Whether a person has suffered an injury because of a toy, food, medication or medical device, such as a hip implant, finding out if the product’s defect caused or contributed to causing the injury is a good first step. A qualified Florida product liability attorney can help injury victims investigate if a manufacturer is to blame for producing a defective product linked to their injuries.
Trip and Fall Accident Lawsuits and Settlements
People fall every day for a variety of reasons. An uneven walkway, spilled liquid or an unsalted driveway can all cause people to fall and become injured. A trip and fall accident can happen in a person’s home, at work, in a grocery store or in a public park. Regardless of when and where a trip and fall accident happens, the aftermath can be difficult when a person has suffered injuries requiring extensive medical care that may be needed for a long period of time, if not a lifetime. To find out if someone’s negligence caused or contributed to an individual’s fall, an injured individual should discuss their case with a Florida trip and fall accident attorney.
What You Should Know About Florida’s Statutes of Limitations
Every state has time limits outlining how long a person or party has to file a lawsuit. In Florida, there are different timeframes for different types of lawsuits.
- For personal injury lawsuits, injured individuals have four years from the date of the negligent act that caused injury (or the date the injured person discovered that their injury was related to negligence) to file a lawsuit against the alleged negligent party.
- For medical malpractice lawsuits, injured individuals have two years from the date of the negligent act that caused injury (or the date the injured person discovered that their injury was related to negligence) to file a lawsuit against the alleged negligent party. However, no lawsuit can be filed more than four years after the date of the alleged negligent act.
- For wrongful death lawsuits, the representative of a deceased individual’s estate has two years from the date of death to file a lawsuit against the alleged negligent party.
- For product liability lawsuits, injured individuals have four years from the date they learned their injury was caused by a defective product, such as a drug or medical device.
For most lawsuits relating to injuries in Florida, the discovery rule applies, meaning that the statute of limitations in Florida does not begin to run until the injured person realized, or discovered, that a negligent act caused their injuries. However, this rule does not apply to wrongful death cases, which strictly adhere to a two-year deadline. Given that failing to file a lawsuit within the statute of limitations can bar a person from filing a legal claim forever, acting quickly is essential to ensure that an injured person is able to seek compensation for injuries suffered because of another’s negligent conduct.
What to Expect From a Personal Injury Lawsuit
Personal injury, wrongful death, medical malpractice, and product liability cases all have the potential to take a very long time to resolve. Some cases can settle quickly before going to trial, but other cases could take a year or longer to even get a trial date. Patience is key when pursuing legal action to receive compensation for injuries.
The first step in any potential personal injury case is for an injured person to have a free consultation with a Florida personal injury and accident attorney at our firm. If the attorney believes that you have a strong case, they will put together and file your claim. From here, they will work to gather evidence and build the strongest possible case, and they may also negotiate with the other side on a potential settlement agreement.
The ultimate goal is to help a client receive compensation for injuries they sustained because of another’s negligence. While some cases are dismissed, a truly skilled attorney will work to either secure a fair settlement or win a verdict at trial. There are never guarantees in any lawsuit, but the more experienced the attorney, the better off a client will be.
How a Florida Personal Injury Accident Attorney Can Help You
Many injured people hold off on contacting an attorney because they are not sure if they really have a claim, but if you ponder the situation for a long period of time, it may end up being too late. Even if you are unsure whether you have a valid potential lawsuit, it’s a good idea to allow an attorney to review the matter and advise you on your next steps. The top personal injury lawyers in Florida will not only evaluate the potential claim but also answer important questions that injury victims and their loved ones have.
Florida Accident and Injury Law Frequently Asked Questions
How Much Money Would I Likely Receive in a Settlement or at Trial?
The amount you may receive can vary widely. Awards and settlements are based on factors including the severity of the injuries, whether those injuries are permanent, the amount of medical expenses incurred, lost wages, whether the injured person is able to work again, the age of the injured person, and the cost of future medical care. The more severe the injuries, the greater the compensation is likely to be.
What Is the Average Settlement for a Car Accident in Florida?
While a specific amount of compensation can never be guaranteed, the average car accident settlement in Florida is around $15,000.
What Should You Do if You Have a Car Accident in Florida?
If you’re in a car accident in Florida:
- Call for help. If someone may have been injured, you’ll need paramedics, and you’ll also need the police to come and make an accident report.
- Collect information. Get the contact information of everyone else involved, and take down details about their vehicle(s) and insurance. Also collect the contact information of any outside witnesses to the crash, like pedestrians or passing drivers.
- Document the situation. Take pictures of the scene of the crash, showing the positions of the vehicles, the damage, and any visible injuries to the people involved.
- Call your insurance company to report the crash.
- Contact an attorney at Parker Waichman for a free case evaluation.
Should I Contact My Insurance Company After Being Involved in an Auto Accident?
Yes. Under Florida law, your insurance policy’s PIP benefits should pay for treatment of your injuries. If your policy does not cover the full cost of medical treatment, you can include the remainder in your legal claim for compensation.
Can You Sue for a Car Accident in Florida?
Yes. A lawsuit can help you to recover damages beyond what your PIP policy will cover.
How Do I Know Who Is at Fault for Causing My Injuries?
A skilled attorney can help you determine who was at fault. The best personal injury lawyer in Florida for your case will thoroughly evaluate your potential claim to determine how you sustained your injuries and whether anything could have been done to prevent those injuries. Depending on the nature of the accident and injuries, it’s possible that more than one person or party could be at fault. If more than one party is at fault, a lawsuit against multiple parties is certainly a possibility.
Is Florida a No-Fault Auto Accident State?
Yes, Florida is a no-fault accident state. This means that after an accident, insurance companies require all drivers involved to file a claim, regardless of who was at fault.
Choose Accident Attorneys With a Reputation for Success
Parker Waichman is one of very few personal injury law firms in the United States to have recovered more than $2 billion for clients through arbitrations, mediations, settlements and trial verdicts. Our nationally recognized law firm has also received many awards and honors, demonstrating our firm’s dedication to every client’s best interests. These include:
- An AVVO rating of 9.8 out of 10
- Inclusion in Best Lawyers
- The highest possible peer-review rating from Martindale-Hubbell
- A Perfect rating of “5 Dragons” from Lawdragon’s peer review
The Florida personal injury attorneys at Parker Waichman use their top-notch advocacy skills to provide the best legal representation possible to injury victims throughout the state. Our firm has seen just how devastating accidents can be, and we work hard to help Florida families handle the consequences.
Contact Parker Waichman Today to Schedule Your Free Consultation
Whether you have suffered injuries in a car accident, workplace accident or trip and fall accident or because of an alleged defective product, it’s essential to speak with a Florida personal injury and accident attorney right away to protect your legal rights. At Parker Waichman, our team can provide injured individuals with the guidance they need and deserve. Our attorneys help clients in and around Fort Myers, Cape Coral, Naples, Bonita Springs, Immokalee, and Marco Island as well as across the state.
If you would like to schedule a free consultation to speak with one of our Florida personal injury and accident attorneys, contact us today by calling 1-800-YOUR-LAWYER (1-800-968-7529). We have attorneys and paralegals standing by who are fluent in both English and Spanish to serve you.
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