General Negligence Attorneys In Florida
Personal injury cases are legal disputes that involve general negligence in which one individual alleges injuries due to an accident or neglect and another individual or entity is potentially responsible for the injury. General negligence cases involve medical malpractice, nursing home abuse, traumatic brain injuries, fire and burn injuries, and wrongful death.
The attorneys at Parker Waichman have a long history of successfully litigating general negligence cases in Florida and recovering fair compensation for their clients. The firm continues to offer free legal consultations to individuals with questions about filing a general negligence lawsuit.
Many states have done away with what is known as the “impact rule”; however, Florida follows this rule which is used in personal injury lawsuits. If an individual suffered an impact, Florida courts permit recovery for emotional distress due to the incident during which the impact occurred. If the individual has not suffered an impact, the complaint of mental distress must be “manifested by physical injury.”
Additionally, the individual must be “involved” in the incident by seeing, hearing, or arriving on the scene as the traumatizing event occurred, and the individual must suffer the complaint of mental distress and accompanying physical impairment “within a short time” of the incident.
Numerous birth traumas have occurred in Florida due to medical errors, including medical mistakes that cause life-long consequences for the mother and/or baby. For example, Erb’s Palsy, a type of obstetric brachial plexus disorder occurring when the nerves in the baby’s upper arm become damaged, causes shoulder dystocia during a difficult birth.
If an obstetrician did not diagnose that an expectant mother must give birth by cesarean section and she seriously bleeds during birth, suffers a stroke, and/or the baby suffers brain injury, a birth injury has occurred. Patients in Florida who have suffered a birth injury caused by a medial error may file a medical malpractice claim against those responsible for the injury.
Fire and Burn Injuries
Injuries due to fire may cause serious burn injuries, which may likely lead to severe pain and, in very severe cases, disfigurement. Burn recovery is long and scarring may be permanent. In Florida, when someone suffers a burn injury due to another person’s negligence, the individual, people, or entity responsible for the injury are typically held responsible.
First-degree burns are superficial and typically treated at home. Second-degree burns penetrate deeper and may cause fluid-filled blisters, continuing pain, and scarring. Third-degree burns penetrate skin tissue, lead to scarring that may leave skin appearing waxy or papery, and cause permanent nerve damage and numbness. Fourth-degree burns are the most serious and go through the skin, damaging the tissue below, charring or eliminating the skin, and causing very severe pain. In the most serious cases, there may be nerve damage and no pain.
Third and fourth degree burns require hospitalization and may require skin grafts, surgery, and physical restriction and therapy. In Florida, when a burn injury is caused by another’s negligence, for instance due to a fire, the injured party may be able to receive compensation.
Florida medical malpractice lawsuits may be brought against a physician; hospital; and sometimes, a government agency that operates a hospital or provides medical care allegedly associated with wrong medication doses, negligent care, or delays in cleaning or maintaining medical equipment. In a Florida medical malpractice case, the injured party must have been under the care of a physician and during the physician’s advisement, diagnosis, or treatment of the patient, the physician did not act as a doctor in that specialty is meant to act and the patient was injured, became ill, or a condition or injury worsened.
The attorneys at Parker Waichman have long successfully litigated medical malpractice cases in Florida. If you or someone you know was injured or died due to medical malpractice, the attorneys at Parker Waichman LLP continue to offer free legal consultations.
Nursing Home Abuse
Nursing home abuse is one of the most humiliating and cruel types of abuses, oftentimes involving vulnerable seniors. Unfortunately, families and loved ones who have made the difficult decision to place a family member in a Florida nursing home facility are entrusting their senior relatives to what they believe to be ethical, respectful, and appropriate care.
Unfortunately, Florida nursing home residents often suffer various types of abuse and neglect that cause physical and emotional pain, humiliation, and death. Worse, many nursing homes located in Florida are owned and operated by entities or individuals motivated by money over patient care. If you are concerned that a loved one has been, or is being victimized, at a nursing home facility located in Florida, Parker Waichman will help determine your legal rights.
Traumatic Brain Injuries
A Traumatic Brain Injury (TBI) may occur as an individual or combined injury and typically follows either a bang or blow to the head or a penetrating head injury. TBIs may be mild to severe and may involve anything from minor changes in consciousness or mental status to long periods of being unconscious or developing amnesia. TBIs may also be the result of someone else’s actions and may lead to significant and costly injuries and death. In Florida, when a TBI occurs due to alleged negligence, a personal injury lawsuit may be filed.
Wrongful death is a type of general negligence that involves an individual dying due to another person or entity’s wrongful actions. In Florida, the personal representative of a deceased person appointed by Surrogate’s Court may bring a wrongful death action. In a wrongful death case, the accused must be found to have acted negligently, that the negligence caused the allegedly wrongful death, that there is a surviving spouse, child/children, or other beneficiaries or dependents, and that the survivor(s) has/have suffered financial damages.
To Determine if You Have A General Negligence Lawsuit
The attorneys Parker Waichman have long and successfully fought general negligence cases in Florida. If you or someone you know has been injured due to general negligence, the firm offers legal consultations to individuals with questions about filing a lawsuit.
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