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Whether you are a construction worker, nurse, or teacher, if you are injured on-the-job in a Florida slip-and-fall, workers’ compensation may be your sole source of financial recovery. Workers’ compensation is considered the exclusive remedy for most work-related injuries in Florida, meaning it is the only recourse one has against an employer. Workers do not need to prove negligence so long as they were hurt in the course and scope of employment, and in turn the employer covers the cost of treatment and a portion of lost wages during recovery.

However, workers’ compensation tends to fall short of the damages (pain and suffering, loss of life enjoyment, etc.) one could recover in a personal injury lawsuit. Because the exclusive remedy provision of Florida workers’ compensation law makes it almost impossible to win a personal injury case against one’s own employer, our South Florida slip-and-fall injury lawyers would primarily be concerned with the potential liability of a third-party property owner/controller or other liable parties. This would be someone other than your direct employer. (Note: Independent contractors are often not  considered “employees” for workers’ compensation purposes and thus may be allowed to pursue injury claims against the company for whom they were working.)

Slip-and-fall cases are a type of premises liability. Premises liability is a legal concept referring to an injury caused by an unsafe or defective condition on someone else’s property. To win, a plaintiff must prove negligence (failure to exercise reasonable care) in owning/maintaining the property. The mere fact of a dangerous condition or occurrence of injury does not automatically mean the property owner was negligent. In most cases, you must prove the property owner knew or reasonably should have known the site was unsafe and failed to take proper steps to address the danger. (The exact proof burden for slip-and-fall injury claims is spelled out in F.S. 768.0755.)

It is important that if you are seriously injured at work and believe a third-party was at least partially responsible that you speak with an experienced injury lawyer about your legal options. You may have grounds to pursue additional damages beyond workers’ compensation.

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Fort Myers car accident lawyer

Fort Myers car accident lawyers are carefully watching Florida legislature developments pertaining to proposed changes to auto insurance claims laws that could impact how we approach crash cases.

The one that would result in the most change is SB 54, which would repeal provisions of Florida’s No-Fault Law to a fault system.

Fort Myers Car Accident Lawyers Explain Florida PIP

Florida is one of just a few states in the country with a no-fault law for car accidents. This does not mean nobody is ever to blame when an auto accident happens. Rather, it has to do with the way crashes are handled for insurance purposes. The type of insurance associated with a no-fault system is called personal injury protection, or PIP. Continue reading

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pedestrian accident lawyer South Florida

Walking in Florida can be hazardous for your health. According to Smart Growth America’s 2021 Dangerous by Design report, the Sunshine State is the deadliest in the nation for pedestrians. Of the 15 most dangerous cities for pedestrians in the U.S., 9 are in Florida. The Cape Coral-Fort Myers metro area ranked No. 11.

Between 2010 and 2019, more than 17 pedestrians a day, on average, were struck and killed by U.S. drivers. That is more than 53,000 total lives lost, and it is getting worse, not better. The number of fatal pedestrian accidents spiked 45 percent in that time frame. Understanding why is critical to curbing the incidence rate. So too, is holding negligent drivers accountable.

Our Fort Myers pedestrian accident lawyers are committed to advocating for safer roads and aiding crash victims in collecting damages – whether via insurer negotiations or pursuing claims in court. While many people use the term “sue” in these kinds of cases, the reality is most Florida pedestrian crash claims are settled without litigation. This means we can often secure compensation while also sparing you the time, emotional energy, and financial resources of a trial. Still, it is important to know at the outset that your personal injury attorney is one who can be trusted to successfully prepare your case for civil trial if need be – especially if your injuries are serious.

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Florida bad faith insurance claims

Drivers and vehicle owners dutifully pay their auto insurance premiums monthly or quarterly with the understanding they will receive a fair claims payout if the need arises. Unfortunately, far too many customers learn the hard way that insurers are primarily concerned with their own bottom line. But as our South Florida civil trial attorneys can explain, insurers are also bound by statutory and common law rules that compel them to act in good faith. Failure to abide by these rules in denying or delaying rightful claims can be the basis for a successful Florida bad faith insurance claim.

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Florida motorcycle passenger injuries

Motorcycle accidents in Florida are unfortunately all-too-common. The Florida Department of Highway Safety and Motor Vehicles reports that there were more than 9,100 motorcycle crashes reported statewide in a single recent year. NHTSA reports that per vehicle miles traveled, those on motorcycles are 28 times more likely to be injured in a crash than people in passenger vehicles. As for motorcycle passenger injuries specifically, a JAMA Surgery study found that traumatic brain injuries – the most common type of motorcycle injury overall – were far more common among passengers, who are reportedly less likely to wear helmets.

Despite the outsized risk posed to passengers on motorcycles, most injury articles focus on damages for the motorcycle operator. For Florida motorcycle passenger injuries, the approach to financial compensation may be different than the average single-rider case. Riders have little control over the bike itself, placing the passenger in an exceedingly vulnerable position. Often, liability may be sought from more than one source.

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Florida large truck accident cases

In the last decade, the number of deadly Florida large truck accident cases increased nearly 75 percent, with almost 300 reported in the most recent year, according to The Federal Motor Carrier Administration. On average, more than 3,000 people lose their lives in U.S. truck accidents annually. Federal data released last month indicated the number of people injured in large truck crashes – occupants and non-occupants – spiked 5.3 percent to 159,000 in 2019.

Trucks in Florida barrel daily down I-75 (including Alligator Alley through the Everglades), I-275, I-95, I-4 and I-10. They also rumble along U.S. 41 and on many rural routes in South Florida, posing a greater risk to other drivers.

Florida lawsuits involving large trucks such as 18-wheelers can be especially complex. As our Fort Myers truck accident lawyers can explain, you are not dealing with the just negligence of a single, private individual behind the wheel. Rather, like layers of an onion, there are likely to be numerous corporations, employees, vehicle owners, and insurers involved.

Further complicating matters is that Florida’s large truck accident cases tend to involve very serious injuries, much more so than the average car accident (perhaps unsurprising given that these vehicles can weigh up to 30 times as much as a car). Lives have been upended, shattered, or even lost. Meanwhile, companies know they have hundreds of thousands or millions of dollars on the line. Drivers may have their careers at stake. These defendants are usually well-funded inclined to invest heavily in protecting their own interests – no matter how tragic the circumstances. These are not the kind of cases that can be trusted to just any law firm.

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South Florida car accident lawsuits

The National Highway Traffic Safety Administration recently tweeted that speeding-related car accident deaths are up all over the country – in some areas, as much as 15 percent. As the agency pointed out, the higher the speed, the worse the crash-related injuries. What is also relevant for those weighing South Florida car accident lawsuits is that high speed can factor significantly in crash liability.

According to the Insurance Institute for Highway Safety, speed is one of the most common – and dangerous driver behaviors – with an estimated 1/3 of all deadly crashes involving at least one speeding driver. Part of what makes speeding such a threat is that so many drivers consider it innocuous and make excuses for it. (“I was running late,” “everyone else on the road is going 70+mph,” “I’d be in more danger going slow than fast on Florida highways,” etc.). In reality, speeding has dangerous consequences, among them being:

  • Reduced ability to maneuver around roadway obstructions or negotiate curves.
  • Longer time/distance needed to stop safely.
  • The distance a vehicle travels while speeding driver reacts to a hazard is increased, meaning there is greater potential for more injuries/people affected.
  • Increased risk for both crashes and injuries because neither drivers nor pedestrians can quickly and accurately assess a speeding vehicle’s distance.

Car accidents killed more than 36,000 people nationally in 2019. As one analysis by ProPublica revealed, the risk of serious injury and death increases rapidly with each mile-per-hour increase. A person is 70 percent more likely to be killed if they are struck by a car traveling 30 mph compared to one traveling 25 mph.

Naples injury lawyers can explain, there is little question that excessive speed can be the basis of liability in South Florida car accident lawsuits. How big of a role it plays will depend on the underlying facts of the case.

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Florida dog bite injuries

The pandemic compelled many Floridians to stay closer to home in the last year, prompting many to turn to four-legged companions for comfort. In 2020, there was an unprecedented number of people in Southwest Florida who fostered or adopted a pet, according to The News-Press. Undoubtedly, pets are a salve against isolation and anxiousness. However, there has been one unfortunate unintended side effect: A surge in Florida dog bite injuries.

In an analysis published by the Journal of Pediatrics, physicians at some children’s hospitals reported a three-fold increase in the rates of visits to pediatric emergency departments because of dog bites. Rates of dog bite injuries in the spring were more than double the summer rates, when these types of injuries are typically most common. Some cities, like Minneapolis, ordered all dogs to be leashed after noting a sharp uptick in dog bites there.

As our Fort Myers injury lawyers understand, families with kids and dogs have endured some unique challenges over the last year. Kids were staying home, common outlets like school, sports and playdates were sidelined, and working caregivers may not have had the capacity to supervise every second of child-animal interactions. This can increase the potential for dog bites. Continue reading

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Florida car accident injuries

When it comes to liability for Florida car accident injuries, well-established case law and the dangerous instrumentality doctrine allow vehicle owners to be held liable for injuries caused by the negligence of authorized drivers – even if the owner was not driving or otherwise negligent. However, there are exceptions for rental car companies under the federal Graves Amendment. Still, it may be possible to sue a rental car company for Florida car accident injuries under certain circumstances if the company is negligent.

A recent example is playing out in Florida courts, as reported by The Tampa Bay Times. While the possibility of recovery in this far-fetched case is incredibly unlikely, it will work to illustrate the point. This case started in 2013 when a man rented a vehicle from Enterprise. According to the affidavit, written from a corrections center where he is serving hard time for vehicular homicide, plaintiff stated he was in no shape to drive when he entered the rental center to rent a vehicle.

He reportedly could not get a rental in his own name because his driver’s license had expired. Plus, there was a warrant for his arrest. When he entered the rental facility, he said he was so intoxicated he could hardly walk. Because he did not have his own valid driver’s license, he presented that of his younger brother. He alleges that a management trainee at the facility either knew or should have known that his drunk state alone rendered him unsafe to drive. The fact that he was handed the keys anyway, he alleges, amounted to negligence.

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Key West injury lawyer tort claims

If you have ever done a cursory search on filing a personal injury claim in Florida, there is a good chance somewhere along the way you ran across the phrase “tort claims.” But what is a tort?

As a Key West injury lawyer can explain, “tort” is a legal term for a personal injury caused by civil wrongs. The goal of tort law is to right the civil wrongs by “making whole” (to whatever extent possible) the person who has sustained injury, suffering, unfair loss, or some other harm caused by someone else’s careless, reckless or criminal action.

The goal in most Florida tort claims is to recover financial losses and possibly prevent the same type of situation from happening to someone else. Financial Damages can include lost wages, mental and physical pain and suffering, loss of life enjoyment, and medical bills. These are losses already incurred and those reasonably certain to occur in the future. Continue reading

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Contact Information
Main Office
4280 S Cleveland Ave
Fort Myers, FL 33901
Phone: 239.277.0005 Fax: 239.277.0004 Toll Free: 800.977.7017
Naples Office
2671 Airport Pulling Rd S
#302
Naples, FL 34112
Phone: 239.267.5657 Fax: 239.277.0004
Key West Office
317 Whitehead St
Key West, FL 33040
Phone: 305.791.6555
We serve clients throughout Southwest Florida including those in the following localities: Lee County including Bonita Springs, Cape Coral, Estero, Fort Myers, Fort Myers Beach, Lehigh Acres, and North Fort Myers; Collier County including Golden Gate, Immokalee, Marco Island, and Naples; and Monroe County including Key Largo, Key West, and Marathon.

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