When the negligent acts of someone else have harmed you or a family member, you deserve to be compensated for your injuries. The Florida attorneys at Parker Waichman LLP litigate numerous types of negligence cases to hold responsible persons accountable and achieve fair results for our clients.
Our law firm has received the following honors for our dedication to client service and delivering the case outcomes injured people need:
- A near perfect AVVO rating of 9.8 out of 10
- AV Preeminent Lawyers rating by Martindale-Hubbell®
- The highest rating of “5 Dragons,” by Lawdragon.com
- Listing in Best Lawyers Publication, determined by Extensive Peer Review
When you or your family member are injured in an accident or otherwise injured because of someone else’s negligence, contact Parker Waichman LLP today for a free case consultation.
EXPERIENCED FLORIDA NEGLIGENCE ATTORNEYS
Parker Waichman’ litigates a broad range of negligence cases in Florida. We have extensive experience successfully resolving the following types of cases for our clients:
Florida has incredible health care providers, but everyone can make mistakes. When physicians and nurses make mistakes, the consequences can be severe. This can include errors in medications, improper diagnosis, inadequate care, or surgical error, among others. If these mistakes were the acts of preventable negligence, injured people and families could file a medical malpractice lawsuit in Florida alleging that the health care provider fell below the required standard of care.
Our attorneys regularly investigate acts of medical negligence, and we are extremely familiar with what is takes to win these cases. They can be complex and will usually require testimony from medical experts, but our attorneys never shy away from a complex case. Contact us today about your potential medical negligence claim.
Nursing Home Abuse
Placing a loved one in a nursing home is a difficult decision, but you make it with the understanding your family member will be safe and well-cared for. When you later suspect abuse or neglect, this can be devastating for everyone involved. Studies show that elderly and ill persons are especially vulnerable to abuse, and family members need to always be watching for signs their loved ones are being mistreated.
Our attorneys thoroughly investigate nursing home cases to expose corrupt and improper systems of care and to hold the facilities accountable for the injuries they have caused to families. If you or a family member has suffered an act of abuse or neglect in a nursing home, contact our firm today.
Some of the most serious cases of negligence result in the passing of a loved one. This is undoubtedly horrific for family members who are trying to figure out what happened. Parker Waichman LLP represents family members left behind in pursuing wrongful death claims on behalf of themselves and their deceased loved ones. Ordinarily, these cases will require the opening of an estate, and our attorneys will guide family members through the necessary steps for filing a lawsuit.
If you have recently lost a loved one because of confirmed or suspected wrongful conduct by someone else, contact our firm today.
Traumatic Brain Injury
Traumatic brain injuries can occur during a long period without oxygen or due to a strong blow to a person’s head. We see these types of injuries from car accidents and construction accidents, as well as medical negligence. The resulting injuries can include a concussion, loss of consciousness, memory loss, or a complete change in a person’s physical and mental capabilities. When traumatic brain injuries are the result of someone’s negligence, you need to pursue legal action against the responsible parties.
Our general negligence law firm handles traumatic brain injury cases in Florida, recovering the compensation people need to cover medical bills, ongoing treatment, and lost wages. If you or someone you love suffered a traumatic brain injury because of the negligent acts of someone else, call Parker Waichman LLP today.
During the course of pregnancy, labor, and delivery, doctors and nurses have a duty to monitor mothers and babies for signs of complication. If babies are not thriving or appear to be in distress, they have to act quickly to avoid severe injuries. For instance, if they do not recognize or respond to signs of low oxygen, a baby can be born with a brain injury that affects his or her entire life. You deserve answers and justice when something happens to your child, and our firm will help you receive the information and compensation you need.
You have legal rights when medical providers act negligently during pregnancy, labor, and/or delivery, and our brain injury attorneys can file a lawsuit on your behalf. Contact Parker Waichman LLP today to begin your birth injury case investigation.
Vehicle accidents, product defects, and carelessness on job sites can all cause fire and burn injuries. These injuries are categorized from first-degree to third-degree, depending on how severe they are and how much damage has been caused to a person’s body. Third-degree burns are the most severe and will usually require extensive medical treatment, including skin grafting. Victims are left to endure excruciating procedures and often have a permanent disfigurement.
If you were involved in a car collision that caused fire or burn injuries, contact our firm today. We will review your claims to see if we can file a case in court to recover for your injuries.
Florida’s “Impact Rule”
Many states have eliminated the so-called “impact rule,” but Florida is one state that retains it in some capacity in negligence cases. The impact rule requires a physical contact or physical injury before any damages for emotional injury can be awarded. The physical injury does not need to be severe, as the word “impact” might suggest, but a victim does need to demonstrate some kind of physical contact or physical symptom to recover emotional damages.
Some examples to illustrate the rule’s application in practice are:
- A person who is involved in a car accident and suffers a broken arm can also recover for his or her emotional trauma related to the accident.
- A person who witnesses a car accident and is so emotionally shocked that he or she suffers a heart attack can also recover for his or her emotional damage.
- A person who witnesses a car accident and is emotionally traumatized will not be able to recover for his or her emotional injury.
For more information about how the impact rule might apply to your claims, contact our Florida negligence attorneys today.
Statutes of Limitations on Florida Negligence Claims
Statutes of limitations apply to all types of claims and act as deadlines for filing cases in court. Every state has their own laws governing their statutes of limitations. These statutes of limitations may also vary depending on the type of case and the injuries claimed as damages. If you improperly calculate the statute of limitations or otherwise miss the deadline to file, you will never be able to pursue recovery for your claims. Missing the filing date extinguishes your rights under the law.
Such a significant consequence might seem unfair, but states have statutes of limitations in part to preserve the integrity of evidence that all of the parties to a case might use at trial. When you do not delay in filing your claims and file within a reasonable time period after your injuries occurred, you will:
- Likely have witnesses with more accurate memories of the events that took place related to your injuries;
- Have an easier time locating and accessing important documents for your case, like medical records, accident reports, business documents, etc.;
- Likely be able to locate and inspect any tangible evidence you might need before it is lost or destroyed;
- Avoid the problem of potential defendants have to prepare indefinitely for possible litigation related to your claims.
Courts have an interest in facilitating all of these benefits, as they keep the judicial system moving and ensure that plaintiffs come to trial with the most reliable evidence they can present. However, the consequences of missing the statute of limitations are nevertheless extremely large, which is why you must work with an experienced attorney on your case.
The statute of limitations on negligence claims will be different in different states. In Florida, the timeframe you have to file depends on the type of case you are pursuing (medical malpractice versus general personal injury) and the injuries you are claiming (moderate injury versus death of a loved one). You can have a long as four years to pursue your claims or as little as two years. And this can still change based on the timing when you discovered your injuries.
As you can see, statutes of limitations are extremely important and are not always easy to determine. It is not a black-and-white area of the law. This is why you absolutely need to hire an attorney who knows Florida law to investigate your claims. Parker Waichman’s attorneys are diligent in reviewing incoming negligence claims to make sure we have enough time to build your case and file in court. We will determine the correct statute of limitations on your individual claims and present you with the best options for moving forward. Together, we will make the best decisions for you and your family, making sure your legal rights are protected.
Have you or a family member been harm due to someone else’s negligence, or your loved one suffered injuries, contact Parker Waichman LLP today.
Florida Negligence Claims Process
Following a serious injury or the death of a loved one, you deserve legal counsel you can count on to provide individualized representation and deliver results. Parker Waichman’s Florida lawyers approach every case with compassion and a drive to achieve justice for clients. You can begin the process of investigating your claims with just one call to our firm. Our experienced staff members will listen to the details of your case and connect you with an attorney who can help you with your specific legal issues.
When your Parker Waichman LLP lawyer has completed the case intake process, we will immediately go to work building a claim for you and your family that has the highest chances of a settlement or verdict in your favor. We will perform the following tasks to ensure you have a strong case ready for litigation:
- Draft a summary of your account of the events and timeline leading up to your injuries or the injuries of your family member;
- Identify and contact (if possible) any witnesses that might have information about your claims;
- Obtain medical records documenting the treatment you or your family member received;
- Obtain copies of any relevant documents, like accident reports, police reports, emails, business policies and procedures, etc.;
- Hire medical and industry experts to review your case to identify the strong and weak points in liability, causation, and damages;
- Calculate the statute of limitations (filing deadline) on your case;
- Determine the proper venue for filing your case;
- Draft and file a Petition for Damages on your behalf;
- Send a demand letter to the defense or try to engage in early negotiations;
- Contact insurance carriers or potential lien holders, such as Medicare, Medicaid, or private insurance;
- Engage in written discovery and depositions with the defense to gather all of the evidence;
- Attend court hearings and respond to any motions in the case;
- Facilitate mediation or settlement negotiations to resolve your claims, if possible.
There is undoubtedly an extraordinary amount of work that goes into a negligence case in Florida. But your Parker Waichman LLP attorneys are up to the task and ready to fight for your rights. If your case proceeds to trial after completion of discovery and mediation, you can feel confident your Parker Waichman LLP negligence lawyers will present the best possible case to the jury to receive a verdict in your favor. You can count on our firm to guide and prepare you during each phase of your case and to work tirelessly to obtain the results you need.
Frequently Asked Questions About Florida Negligence Cases
When our clients contact us about their potential Florida negligence cases, they often have several questions about the claims process and potential outcomes. Below are some of the questions we hear frequently, along with our answers.
What is the cost of signing a case with Parker Waichman LLP?
When you work with Parker Waichman LLP, you will never need to put any money down on your case. We never take retainers, and we never send bills to clients for case investigation, review, or any part of the case process. We also contract cases using contingency fees, which means our own recovery is dependent on yours. If you do not receive a settlement or award in your case, we will not be paid, either. If you are successful on your claims, our fees and expenses will make up a percentage of that, which we will discuss in full with you at the time of your case signing. We take on the financial risk of litigation because we believe in our clients and in our attorneys’ abilities to deliver tremendous results.
Can I recover for emotional damages in Florida?
Yes, but they need to be in conjunction with a physical injury of some kind. Either the emotional damages flow from the physical injury or they lead to the physical injury. Many states do not recognize a rule like this, but Florida does follow the older “impact rule” relating to emotional injuries. If you have potential emotional damages in your case, contact our firm to find out how those will be addressed in litigation. Our lawyers will help you understand what you might be able to recover after performing a thorough review of your claims.
What kind of settlement can I receive?
It is important to remember that we cannot guarantee particular outcomes in any case, including guarantees about settlements and settlement amounts. We will unquestionably work hard to pursue the compensation you deserve, but we can never be certain what will happen throughout the course of a case. That said, we will claim in your Petition for Damages and aggressively seek the following types of damages during your case:
- Past and future medical expenses for your injuries;
- Lost wages or income for current and anticipated time off work or lost earning capacity for the future;
- Compensation for your physical and mental pain and suffering;
- Loss of consortium damages if your injuries have affected your relationship with your spouse; and
- Punitive damages, if the facts of the case show that damages carrying a punishing effect on the defendant would be appropriate.
Parker Waichman LLP will thoroughly review your case to make sure we are aware of and communicate the full extent of the ways you have been harmed. Contact us today to learn more about potential damages and about our case results.
How long will my case take to fully litigate?
Most of our clients want to know how long their cases might take to resolve, which we completely understand, but this is a difficult question to answer. Again, no type of resolution is fully guaranteed, and many factors can influence the rate at which cases move through the court system. If your case is particularly complex, or if it requires a large amount of discovery, it might take longer than someone else’s case. This is difficult to predict or quantify at the start of a case.
Shortly after filing your case, the court will usually assign your case a trial date and will implement a scheduling order that sets deadlines when tasks must be completed. This will help us understand how quickly the court wants your case to move forward and how soon we can expect the earliest trial to take place. That schedule can change, however, depending on the way the case progresses and any changes in the court’s busy schedule. While it is never easy to know how long any case will take, we can assure you we will always keep you updated with accurate information about what we have accomplished and what we are working on. Your comfort and confidence in your case are very important to us.
What should I do if I want to pursue a claim?
If you believe you have a potential negligence case in Florida, the first step you should take is contacting the Florida attorneys at Parker Waichman LLP. After providing some information about your potential claims, you will have the opportunity to schedule a free, no-risk consultation with an experienced negligence lawyer. Our attorneys will begin your case review as quickly as possible to deliver you timely options about how you should move forward with your potential case. Call our firm or fill out our online form today to start the process of protecting your legal rights.
TALK WITH ONE OF OUR FLORIDA ATTORNEYS TODAY
The lawyers at Parker Waichman LLP offer free, no-obligation consultations on Florida negligence cases, and we review claims with zero retainers. We understand you have enough to worry about because of your injuries and the financial pressure you are likely facing with mounting medical bills and time off work. That’s why we review claims for no money out-of-pocket to the client and why we contract all of our cases with contingency fees. Contingency fees mean you are protected from having to pay for your case costs if you do not receive a settlement or verdict for your claims. In short, if you aren’t paid for your claims, we won’t be paid, either.
Parker Waichman’s attorneys care about our clients and want them to have peace of mind through the whole litigation process. Our clients tell us they appreciate our contingency fee agreements and our dedication to their successful case outcomes. Contact our Florida office today about your potential negligence claim and schedule a consultation with an experienced lawyer.
Contact Parker Waichman LLP for Your Free Case Review
If you were or a loved one was injured in Florida because of someone else’s negligence, contact our firm today by filling out our online form or by calling 1-800-YOURLAWYER (1-800-968-7529) for a free consultation.
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