What is a release? Is it a smart idea to sign a release with the other insurance company shortly after an accident?

Please accept this blog entry this week. This is a common question I get at the injury law offices. Some insurance companies contact the injured person, usually before they have seen a doctor to have their injury diagnosed, and offer them some amount of money. The client might need money and does not know what to do. To analyze this question, it is important to understand what a release is and why the insurance company wants a release. This is a common questions posed to the accident lawyer and injury attorney (Deerfield Beach, Pompano, Coral Springs, Pembroke Pines, Miramar, Lauderhill, Lauderdale lakes, Fort Lauderdale, Margate, Parkland, Weston, Tamarac, Plantation).

If you have been in an accident and the insurance company is asking you to sign a release, please call the lawyer for a free consultation at 561-483-9199 (Palm Beach), 954-755-2120 (Broward) or 305-981-1561 (Miami Dade). At Drucker Law Offices, a no charge consultation is offered and fees are only charged if your case is successfully resolved.

When someone purchases bodily injury liability insurance, generally the insurance policy states (you must read policy to see exactly what it states) that the insurance company will indemnify (pay for) any judgment entered against their insured. Thus, when someone injures you in an accident, their insurance company is responsble to pay for any judgment entered in a court of law when you sue them for injuries in an accident. A release agreement basically states that the case is over and that you cannot sue the other driver. Thus, when an insurance company settles a case, a condition of it is for you to sign a release and that release bars you from suring them. This is obviously in exchange for money. By signing the release, the insurance company satisfies its contractual obligation of indemnifying their driver against a judgment. It is the proverbial “nipping it in the bud” scenario. Thus, as a general rule, these agreements are not a good idea and I would recommend to get a legal opinion regarding the offer prior to signing the release from the insurance company.

A practice that some insurance companies do is that after an accident, they send someone to your house and offer you some money. If you accept this, the insurance company will have you sign a release and thus you cannot sue their driver in the future. The problem, in my opinion, is that often times at this very early stage of the accident, you do not know the full extent of the injuries and very little medical treatment has been rendered at that time. The key questions is: can you sue them for your injuries after you sign the release. Generally, you cannot sue people who you release in exchange for money. They would seek to have the case dismissed and very possibly they would have your case dismissed. There could be some scenarios, like if you could prove duress or some fraud in procuring the settlement, where you could get around the release but as a general matter this would be difficult to do.

Clearly, every case should be judged on its merits and you should consult an attorney as to your rights and the remedies afforded by Florida law. It is recommended to get a consultation regarding an accident case in case this happens to you. The advice contained in this blog is intended to be general advice and not as to a specific situation, so please call a licensed Florida attorney, like Law offices of Gary J. Drucker, to determine if and how Florida law applies to your case.

The main point is that at the beginning of a case, your injuries and the severity of the injuries are commonly very unclear. To be settling a case, with out the consultation of a licensed attorney, is very likely not a good idea. Before signing a release of your case, you may want to consider hiring a lawyer to determine your rights. Generally, prior to resolving a case, there is a lot of information that you would want to know – what medical bills are due and owing, the extent of the injuries, the permanency of the injuries, the time missed from work, the insurance policy of the other person as well as any benefits provided by your own insurance, and so forth. If arguably the injured person is not injured or this is something that will heal in a few days (although I would need a crystal ball to know this…), this may be a good offer but obviously you do not know the extent of your injury at the very beginning of the case.

If you have been in an accident, please call the accident and injury lawyer (Boca Raton, Delray Beach, Boynton Beach, Lake Park, West Palm Beach, Wellington, Loxahatchee, Lake Worth, Palm Springs, Royal Palm Beach) for a free consultation. Fees and costs are only charged if money is recovered for you. The phone number is 561-483-9199 or 954-755-2120 or 305-981-5363.

Why don’t I have a “case” if the other person was at fault but does not have bodily injury liaiblity insurance and if i do not uninsured motorist coverage?

This very possibly may be one of the most common questions that is asked here at the injury attorney and accident lawyer law office. The principal office is in Boca Raton but there are satellite offices in Miami, Coral Springs, Boynton Beach, and West Palm Beach. This question is so common that I thought I should devote a blog entry to it.

If you question whether you have a case and are seeking a free consultation, please call attorney Gayr J. Drucker for a free consultation at 561-483-9199, 954-755-2120 or 305-981-1561. At Drucker Law Offices, a free consultation is offered and fees are only charged if money is recovered for you.

As I have spoken about, if someone purchases the minimum insurance required by Florida law, they would only purchase personal injury protection or PIP coverage which pays for their medical bills and wages and property damage liability which pays for the other person’s car when they are at fault. Bodily injury liaiblity, which is the insurance that pays for the other person’s injuries, generally is not required. Thus, when you are in an accident where the other driver who is at fault purchases the minimum coverage, they will not have bodily injury insurance to pay for your injuries. If you have uninsured motorist coverage, then your own insurance will pay you for your injuries (pain and suffering, owing medical bills and wages, and so forth). But if you do not, you may not have a “case.” I am putting case in quotes as you clearly will have a case to sue the other person for money in a court of law; however, practically speaking you may not have a case as if that person is not worth suing in court, then your chances of recovering money after court is minimal and thus you may not have a case from a practical standpoint.

Oftentimes, my clients advise that yes the other person has “insurance” as his insurance company fixed their car; however, as described above the minimum insurance has insurance to fix your car but no necessarily to pay for your injuries.

How can you sue someone and never collect? If you go to court, seveal things can happen. First, if the person is in very poor financial shape, they could possibly file for Bankruptcy and if the Bankruptcy was successful, the case would end right there and this debt could be discharged. If not, the case would proceed forweard. If it is assumed that the case is won, then a judgment would be entered against the at fault, uninsured driver. However, the judgement is a piece of paper which entitles you to the money but the money would have to be collected. If the uninsured person does not have the money to pay, you may never be able to collect the judgment. This is called being “judgment proof” in other words the person who you are suing may never have the money to pay the judgment.

Certainly, this point explains the importance of having uninsured motorist coverage!

In these difficult economic times many drivers in Florida are purchasing only the “minimum coverage” and thus do not have bodily injury coverage. Consequently, these times are more important than ever to have uninsured motorist coverage if you can afford it.

A lot of times there is much information that I can tell about the other driver who does not have the bodily injury coverage. I can see what type of car they were driving. The police report is going to show where they live and I can determine whether they are living in a million dollar home or in an inexpensive apartment. In certain situations I can run “asset searches” which cannot tell everything but give a general ideal of someone’s financial picture.

At Drucker Law Offices, the insurance coverage of the other vehicles and of the other drivers is investigated to determine whether there is bodily injury coverage. Also investigated is your police and any resident relatives in your household to determine whether they apply to you.

Every case is different and should be judged on the facts of each case. It is a good idea to get a complementary consultation regarding an accident case in case this happens to you. The advice contained in this blog is intended to be of general nature and not as to a specific situation or your specific situation, so please call a licensed Florida attorney, like Drucker Law Offices, to determine if and how Florida law applies to your case.

If you or a loved one has been in an accident, please call the accident lawyer and personal injury attorney at Drucker Law Offices for a free consultation. The phone number is 561-483-9199 and fees are only charged if money is recovered for you. These consultations are offered in the Boca Raton principal office or in the satellite offices in Miami, Coral Springs, Boynton Beach or West Palm Beach.

Damages: What is at stake? What may you be entitled to? Medical bills, lost wages, pain and suffering

Please accept this blog entry from the Boca Raton accident lawyer.  As a personal injury attorney in Boca Raton, the office commonly gets questions about how to prove a case.  This is part of the topic for today’s entry.

I have spoken on the site about liaiblity and more recently about causation.  Liability of course is the fault issue which is required to be proven in an accident case.  Causation, as I have spoken about more recently, is the connection between liability and damages.  I must prove that the injuries alleged were CAUSED by this accident.  The third element of a case is damages.

Over the next  few blog entries, I am going to speak about damages and today I am going to do a brief overview of same. 

People commonly come to me as a injury lawyer in Boca Raton and question how to get reimbursed for their medical bills following an accident that is not their fault.  Thus, the most common element of a damages claim in an injury case is medical bills.  Medical bills can be hospital bills, ambulance bills, physician bills, diagnostic test bills.

The next most common damages following an injury case is for lost wages.  Lost wages can be a small issue of missing work for a day to being completely unable to work for the rest of your life.  There can be issues of the inability to be able to do the job one is trained even though someone is still able to do other jobs.  In all of these situations, you may be entitled to monies for the time you are unable to work or for the difference of what you are able to earn versus what you are able to earn after an accident.

The last common element of damages after an accident is for pain and suffering.  This is known as the loss of ability to enjoy life.  When someone is injured, they commonly seek monies for the change in their life stemming from the injury.  If someone has a badly broken leg requiring surgery and a metal plate to hold their bones together, this very possibly will cause pain for the remainder of someone’s life and further it may limit the person’s ability to use their leg.  For example, the injured person may never be able to ski again or may never be able to ski without significant pain.  These sort of damages are for “pain and suffering” and you are entitled to them backwards and also forward, i.e. past pain and suffering and future pain and suffering.  The past pain and suffering are the pain and suffering from the date of the trial and backwards and the future pain and suffering are from the date of the trial forward into the future.

Every case is different and must be judged on its merits. It is a good start to get a free consultation regarding an accident case in case this happens to you. The advice contained in this blog is intended to be of general matter and not as to a specific situation, so please call a licensed Florida attorney, like Gary J. Drucker, to advise if and how Florida law applies to your case.

When you are in an accident and someone else is at fault, you may have a claim against them for your damages.  You may seek to contact an injury lawyer in Boca Raton when you are injured in an accident.  At Drucker Law Offices, clients are advised regarding, amongst other things, their damages.  If you or a loved one has been in an accident, please call the injury attorney at Drucker Law Offices at 561-483-9199 for a free consultation.

CAUSATION – PART FOUR – A SUMMARY OF THE FIRST THREE BLOGS

As discussed, causation is one of the elements that must be proved in an automobile accident case here in Palm Beach County (or in Broward County or in Miami-Dade County). The accident lawyer at Drucker Law offices advises that all elements must be proved in an car accident case as well as any other injury case. The other two primary elements of a claim are liability (usually negligence) and damages (medical bills, lost wages, pain and suffering).

I’ll give a short example to explain. Mary is in an accident. She claims to have hurt her knee in the crash. Mary incurrs medical bills. Mary misses some work. Mary claims pain and suffering. Mary testifies in court that she did not have pain the day before the accident, that the pain in her knee began after the accident and that she incurred these bills because of the accident.

What would a causation defense look like?

The defense may point to the pictures of the car that were in the accident merely showing scratches on the car. The argument would be: how could this minor accident cause an injury to Mary’s knee or cause any injury at all?

Further, the defense may point out that Mary did not go to the hospital, did not show up to a doctor for 4 weeks after the accident, and that when she showed up at the doctor she first only complained of neck pain and the knee pain did not show in the medical records for another four weeks. The argument would be: if she hurt her knee in the accident, wouldn’t she have gone to the hospital and/or gone to see a doctor right away? Further, if she hurt her knee in the accident, wouldn’t it be reflected in the medical records?

Next, the defense may point out that Mary had been to her family doctor a year before the accident and had complained about pain in that same knee. The argument would be: How do they know that Mary’s knee injury is related to her car accident and was not just a natural progression of her knee injury from a year prior?

There could be other defenses in the case, like that Mary was fully at fault or partly at fault; that is liability defenses. Liability of course is the first element of an injury case. The defense could argue that there was no injury to the knee; the doctor for the defense could take the position that there is no injury; that is, the defense could argue there are no damages. This of course is the second element of the case, which of course is damages.

In summary, one of the major defenses in an injury cases deals with causation. While I did not cover all causation issues, I do believe I have covered the major ones and I hope this has been helpful.

Every case is different and must be judged on its merits. It is a good start to get a complementary consultation regarding an injury case in case this happens to you. The advice contained in this blog is intended to be for general purposes and not as to a specific situation, so please call a licensed Florida attorney, like the law offices of Gary J. Drucker, to figure out if and how Florida law applies to your case.

If you or a loved one has been in an accident and are in need of a legal consultation, please contact the injury attorney at Drucker Law Offices at 561-483-9199 for a consultation in the Boca Raton office. Free consultations are offered for injury cases in the Coral Springs office (which also handles all of Broward County and Parkland, Fort Lauderdale, Pompano, Hollywood, Pembroke Pines, Weston and so forth) and that number is 954-755-2120. Lastly, consultations are offered in the Miami office (Aventura, Coral Gables, Kendall and so forth) at 305-981-1561.

Liability Insurance – it is more than “kind of” important!

As an personal injury attorney law firm practicing in Dade, Broward and Palm Beach county, I have seen all types of liaiblity insurance.  In this blog entry, the accident lawyer (who practices in the tri county area including Pembroke Pines, Miramar, Weston, Parkland, Coral Springs and many other cities) is going to discuss liability insurance and essentially what it means.  In blog entries that will be coming in the coming weeks, I will talk about what individuals can do to protect against someone else not having liability insurance in a car accident and many other facets of this interesting part of accident law.

Generally, liability insurance means just what it says.  This insurance protects against liabilities.  As an injury lawyer, this type of insurance impacts individuals in a couple of ways. In a car insurance setting, liability insurance protects you when someone sues you for causing an accident.  On the other hand, it pays the person who you injure but up to the coverage limits to which you purchase.  In this article, I am going to focus on who liability insurance protects you when you cause an accident.  In future blog entries, the injury attorney (Boca Raton, Wellington, Delray Beach, West Palm Beach, Boynton Beach and so forth) will discuss the impact on what the other person that causes the accident and injuries you chooses for their liability insurance if any.

Liability insurance is generally indemnity insurance.  It indemnifies (pays) you against judgments that are entered against you.  Thus, if you purchase $50,000.00 of car accident liability insurance, then your insurance will generally pay any judgment that is entered against you but up to your policy limits.   Generally, this insurance also provides a defense, i.e. it will pay for a lawyer of the insurance company’s choosing to defend you.  This is called the duty of defense.  Obviously, insurance policies are contracts and you have to read the contract to determine exactly what you policy provides.  The reason that an insurance company “settles” with the person that you injure is that a condition of the settlement is a release of the “insured.”  Thus, your insurance company agrees to pay the injured person a sum certain and the injured person signs a release which basically states that the injured person cannot sue you for the accident.  It is the proverbial “nipping in the bud” scenario where the insurance company satisfies in contractual obligation to indemnify against a judgment by preventing the judgment via the release.  Similarly, in a business setting companies commonly purchase liability insurance for their businesses (commonly required by landlords), so that when someone fall at the property or is injured, then the liability insurance will indemnify against a judgment by the injured person against the business or pay for the injuries of the injured person to the extent that the business is legally liable.

Every case is different and must be looked at based on the merits. It is a good start to get a complementary consultation regarding an accident case in case this happens to you. The information contained in this blog is intended to be of general matter and not as to a specific case, so please call a licensed Florida attorney, like Gary J. Drucker, to determine if and how Florida law applies to your case.

If you have any questions about this topic or have been injured in an accident, please call the accident lawyer (Boca Raton, Fort Lauderdale, Lauderhill, Pompano, Deerfield Beach, Hallendale, Hollywood) for a free consultation regarding your rights – Palm Beach 561-483-9199 (Boca Raton – principal office), Broward – 954-755-2120 (satellite office) or Miami Dade County (satellite office) 305-981-1561.

Causation Issues (Part two – delay in treatment and gaps in treatment) as per the Boca Raton personal injury lawyer

In the last blog entry I spoke about causation, the element of a personal injury case that connects the liability aspect of a case to the damages.  As explained, under Florida law, the plaintiff bears the burdon of proving three elements:  first that that defendant is negligent; second that the plaintiff sustained damages (medical bills, lost wages or loss of ability to earn wages, and pain and suffering); AND third that the alleged damages were caused by this particular negligence, i.e. causation.

While this seems like a very straightforward element, it can be somewhat complicated and consequently I am devoting several blog posts to this topic.

If you have been in an accident, please call Drucker Law Offices at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) or 305-981-1561 (Miami satellite office).

From a trial standpoint, causation would usually be elicited from the plaintiff by questions such as:  When did your neck pain begin?  (the answer to prove this would usually be  something to the effect of:  “the pain began right after the accident.”  What caused your neck pain?  (the answer would be something like, “the accident.”)  It also could be proved by elimitation, by questions such as, “did you have pain to your neck before the accident?”  with an answer stating, “no.”  Further questions pertaining to how the neck was injured would go to causation, such as ” what happened to your body as the cars collided?” with an answer like, “my neck went backwards then forwards quickly and immediately began to hurt.”

These sorts of questions and answers would make a prima facie case of causation but this could be disproven by defense counsel in many ways.  In the last blog, I wrote about how the property damage (the damage to the cars; or lack of damage to the car) could be used as proof that the injured were more likely NOT caused from the accident, when there is very little or no damage to the car.  On the other hand, when a car is significantly damaged, then this would be used by the injured person as proof that the injury was more than likely CAUSED by the accident.  I also wrote about how pictures of bruising could be used, for example, in a fall case to show that violent nature of the fall and the more likely reason that the fall would cause such injuries.

Another common defense to causation is based on delays in treatment.  So for example, if someone is involved in a car accident or a slip and fall case but does not go to the hospital or go to any doctor for treatment related to the accident for a month, this sort of evidence may be used by the defense to suggest that the accident most likely did not cause the accident.  The arguement would be that if the person was really hurt in the accident, then they would have sough treatment right away and that perhaps the treatment is more monetarily related as client is trying to make money.  Conversely, if a client goes by ambulance to the hospital, this would work in favor of the causation element, that the injuries are more likely to be related to an accident.

Clients commonly ask whether they should go to the hospital following an accident.  My general response is that if you would go to the hospital following an injury where there was no case and if you would go to the hospital in that instance, then I would recommend going to the hospital.  Oftentimes, clients come to the law office and several weeks have transpired since the accident and the client is complaining of pain, my suggestion is to get to a physician as soon as possible as it would be better to have it such that client’s first visit is two weeks after an accident as opposed to three weeks after an accident, for example. 

Delays in treatment can be very troublesome to an injury case.  When several weeks have gone by, it really begs the question of whether the injuries complained of are related to the accident.

Similarly, when clients have gaps in treatment, it can impact the causation issue as well.  I see cases where client goes regularly to the physician and has therapy, for example, but there is a month or more gap between the treatments.  Again, this goes to the question of causation, as the defense will argue that if client was really hurt, there would not be such gaps in care.

Every case is different and must be judged on the facts of the ccase and of its merits. It is a good start to get a consultation regarding an injury case in case this happens to you. The information contained in this blog is intended to be of general matter and not as to a specific situation, so please call a licensed Florida attorney, like Drucker Law Offices, to determine if and how Florida law applies to your situation.

It is also important to understand that causation is not the only element.  A plaintiff has to prove liability and damages as well.

In some cases, it is very clear that certain damages were CAUSED in an accident.  In a bad accident, where there are internal injuries, it would be rare for the defense to contest those damages were caused from the accident.  Where someone falls bad and badly breaks their arm, the causation element would not usually be raised.  When all accounts are that someone broke their leg or was bleeding profusely from the knee, these sorts of damages are not commonly challenged.  However, when there are delays in treatment for neck injuries or there is little damage to the vehicles and someone is claiming lower back injuries, I do often times see these causation issues raised.  In the next blog entry, I will discuss the last common causation defense of prior similar injuries and how those are worked out in an accident case.

If you or a loved one has been involved in an accident, please call Drucker Law Offices for a free consultation regarding your rights. Clients are helped with accident cases and the lawyer works on a contingency fee basis where fees and costs are charged only if the clients recover money.  If you have a question, please call the law firm at 561-483-9199 or 954-755-2120 or 305-981-5363.

It is important to note that every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a minor difference in the facts of the case could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or even another country could vary from Florida.

Causation issues – (general causation issues and property damages in car accidents and other signs in fall cases) Part one of the series of blog entries by injury lawyer from Boca Raton (accident lawyer from Lauderhill, injury attorney Fort Lauderdale)

Causation is the element of an injury case where  the injured person must prove that the defendant’s negligence caused the injury the defendant is suffering.  Said another way, the plaintiff must show that the actions of another party caused his or her injuries and damages.

Generally, there are three elements that are needed to prove an injury case.  All three must be proven or the case fails.  The first is negligence, that the defendant did something wrong or negligent.  The second element is damages, that the injured person incurred medical bills, has injuries and pain and suffering and so forth.  The third element is causation, which is a nexus or connection between liability and damages.  You must show that the particular negligence of the defendant was the legal or “but for” cause of the specific damages that are being claimed.  Without causation, there is no liability against the defendant and therefore no case!  This seems like it is a simple matter but it is not always so clear what causes an injury.  Indeed, the standard jury instructions on causation is helpful in understanding causation and I have posted those below.

Sometimes, causation is truly obvious.  If someone is in a very bad car wreck, puts their hand on the dashboard as the cars collide and then their arm breaks (a dislocated fracture which pierces the skin), it would be unusual for anyone to contest that the accident caused the injury.  It would seem obvious that someone would not have a broken arm that would require surgery before the accident and then try to claim that the accident caused the accident.  On the other hand, when someone is involved in a parking lot accident where the cars are admittedly going 2 or 3 miles per hour at time of impact and resulting in no damages to the car and yet someone in the car is claiming a lower back injury that requires surgery, this case likely would be challenged on causation.  In other words, the defendant would likely argue that a smaller accident could not cause the need to have surgery.

If you have been in an accident, please call Drucker Law Offices for a free consultation at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) or 305-981-1561 (Miami satellite office).

And thus I am talking about the first common challenge to causation in car accident cases and that is the property damage to the car.  A common challenge to car accident causation is the damages to the car.  Insurance companies and defense lawyers often take the position that when there is little or no damage to the vehicle that injury cannot result or that the injuries claimed are not caused by the accident.  This is a classic causation defense.  If the jury does not believe the accident causes the injuries claimed, then they cannot award those damages (note: there could be an aggravation of injury and I will write about that in another blog entry later).  When there is a lot of damages to the cars, then the plaintiff will argue to a jury:  of course, these injuries are related; look at all the damage to the car) but when there is not a lot of damages, then the defendant will argue to a jury:  look at the damages to the car (there are none or there are just scrathes) and an accident like this could not cause the injuries claimed.

In a slip and fall case, while there generally is not property damage but there would be some indicators of the nature of the fall, which would be similar to the nature of a car accident.  If someone were to fall and afterwords they took pictures of their body which showed significant bruising, that would be evidence that the nature of the fall was severe and more likely caused the resulting injuries.  In other words, those bruises could be used to prove the nature of fall was more violent and more likely to CAUSE the injuries.  Bruises or contusions also are often referenced in hospital records or doctor notes.  If someone fell and injured their knee, again it would be persuasive on the causation issue if there are pictures and/or some reference in the medical records that there were bruises or contusions to the knee.  On the other hand, if there is video and a person slipped but did not actually fall to the ground, then this would be suggestive of less injury (all things equal) and very well might be helpful to the defense to negating the CAUSATION issue that the injuries were related.

There are other parts of causation, like the timing or delay in treatment as well as prior, similar injuries which will be discussed in the next couple of blog entries.

Of course, every case is different and must be judged on its merits. It is a good start to get a free consultation regarding an accident case in case this happens to you. The advise and information contained in this blog is intended to be of general matter and not as to a specific situation, so please call a licensed Florida attorney, like Drucker Law Offices, to determine if and how Florida law applies to your case.

At Drucker Law Offices, client are helped to prove the elements of their case including causation.  I attempt to get pictures of the car for this issue and take pictures of scarring, bruising, and contusions and most importantly, explain these issues to the clients so that they can property describe their injuries to the doctors so that their file is properly documented.  If you have a question about an accident case, please call the offices at 561-493-9199 or 954-755-2120 or 305-981-1561.

It is important to note that every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a minor difference in the facts of the case could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or even another country could vary from Florida.

Florida Jury Instruction on Causation:

LEGAL CAUSE
(PROXIMATE, CONCURRING, INTERVENING
CAUSE)
a. Legal cause generally:
Negligence is a legal cause of [loss] [injury] [or] [damage] if it directly and in natural and
continuous sequence produces or contributes substantially to producing such [loss] [injury] [or]
[damage], so that it can reasonably be said that, but for the negligence, the [loss] [injury] [or] [damage]
would not have occurred.
b. Concurring cause:
In order to be regarded as a legal cause of [loss] [injury] [or] [damage], negligence need not be
the only cause. Negligence may be a legal cause of [loss] [injury] [or] [damage] even though it operates
in combination with [the act of another] [some natural cause] [or] some other cause if such other cause
occurs at the same time as the negligence and if the negligence contributes substantially to producing
such [loss] [injury] [or] [damage].
c. Intervening cause:
*Do not use the bracketed first sentence if this charge is preceded by the charge on concurring cause:
*[In order to be regarded as a legal cause of [loss] [injury] [or]
[damage], negligence need not be its only cause.] Negligence may also be a
legal cause of [loss] [injury] [or] [damage] even though it operates in
combination with [the act of another] [some natural cause] [or] some other
cause occurring after the negligence occurs if [such other cause was itself
reasonably foreseeable and the negligence contributes substantially to
producing such [loss] [injury] [or] [damage]] [or] [the resulting [loss]
[injury] [or] [damage] was a reasonably foreseeable consequence of the
negligence and the negligence contributes substantially to producing it].

Can I have a personal injury case (a case other than workers’ compensation) when I am injured at work?

A common question that is asked at Drucker Law Offices by people that are injured at work is if they can sue someone other than their employer.  So the question is:  can I have a personal injury case, other than a workers’ compensation case) when I am injured at work?

To start, the liability of an employer to its employee is codified in 440.10 Florida statutes and is below.  In 440.11, it refers to this compensation as “exclusive” and from this is derived what is known as workers’ comensation immunity.  This immunity generally means that you cannot sue your employer in any way other than for workers’ compensation when you are injured at work and the employer provides the workers’ compensation benefits.  There are certain exceptions to this rule which are beyond the scope of this article.  Obviously, every case has to be based on the facts and if you have a case you should consult an attorney regarding your rights.

If you have been in an accident where you believe the other car or the place where you were injured is at fault, please call Drucker Law Offices for a free consultation at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) or 305-981-1561 (Miami satellite office).

One clear exception to the immunity would be suing someone OTHER THAN you employer.  So for example, if you boss sends you to a store to buy something for work and you do this while you are “on the clock,” then you would generally qualify for workers’ compensation but you also might have a personal injury case against the store owner if they did something negligent.  Another common example would be someone working and part of their job involes driving from one work site to another while the person is “on the clock.”  To the extent that another driver, who is not working for the same employer, is at fault, generally there would be a case against that other driver.

Every case is different and must be judged on its merits. It is a good start to get a complementary consultation regarding an accident case in case this happens to you. The advice contained in this blog is intended to be of general matter and not as to a specific situation, so please call a licensed Florida attorney, like the lawyer at Drucker Law Offices, to determine if and how Florida law applies to your case.

So in these cases where someone is working but is injured as a result of someone else that does not work for his same employer, there may be a personal injury case against that person or the company where the accident happened.  These are called “third party” workers’ compensation cases and often times people do not realize that in addition to the workers’ compensation case there is another case and for this reason you may want to consult an attorney about your rights when you are in an accident at work and you believe someone else is at fault.  For a free consultation, please call Drucker Law Offices at 561-483-9199 to speak with the Boca Raton accident lawyer (with satellite offices)(Jupiter injury lawyer, North Lake injury attorney, West Palm Beach injury attorney, Loxahatchee accident lawyer, Wellington accident attorney, Boynton Beach injury lawyer, Delray Beach personal injury lawyer, Lake Worth injury lawyer, Palm Springs accident lawyer, Palm Beach injury attorney).

Every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be construed as specific advice for a case or your case. A minor difference in the facts of the case in a fact pattern such as above could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states could vary from Florida.

The statutes referenced in the blog are below:

440.39, Florida Statutes discusses the rights and obligations of a worker when the are making a third party claim against someone other than the employee when someone is injured at work.  You must seek to collect, as part of your claim or lawsuit, the medical bills that are paid by the workers’ comensation insurance company and then repay that money to the insurance company.  You also must seek to collect your full lost wages and then reimburse workers’ compensation pursuant to a formula

440.10  Liability for compensation.—

(1)(a)  Every employer coming within the provisions of this chapter shall be liable for, and shall secure, the payment to his or her employees, or any physician, surgeon, or pharmacist providing services under the provisions of s. 440.13, of the compensation payable under ss. 440.13, 440.15, and 440.16. Any contractor or subcontractor who engages in any public or private construction in the state shall secure and maintain compensation for his or her employees under this chapter as provided in s. 440.38.

(b)  In case a contractor sublets any part or parts of his or her contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on such contract work shall be deemed to be employed in one and the same business or establishment, and the contractor shall be liable for, and shall secure, the payment of compensation to all such employees, except to employees of a subcontractor who has secured such payment.

(c)  A contractor shall require a subcontractor to provide evidence of workers’ compensation insurance. A subcontractor who is a corporation and has an officer who elects to be exempt as permitted under this chapter shall provide a copy of his or her certificate of exemption to the contractor.

(d)1.  If a contractor becomes liable for the payment of compensation to the employees of a subcontractor who has failed to secure such payment in violation of s. 440.38, the contractor or other third-party payor shall be entitled to recover from the subcontractor all benefits paid or payable plus interest unless the contractor and subcontractor have agreed in writing that the contractor will provide coverage.

2.  If a contractor or third-party payor becomes liable for the payment of compensation to the corporate officer of a subcontractor who is engaged in the construction industry and has elected to be exempt from the provisions of this chapter, but whose election is invalid, the contractor or third-party payor may recover from the claimant or corporation all benefits paid or payable plus interest, unless the contractor and the subcontractor have agreed in writing that the contractor will provide coverage.

(e)  A subcontractor providing services in conjunction with a contractor on the same project or contract work is not liable for the payment of compensation to the employees of another subcontractor or the contractor on such contract work and is protected by the exclusiveness-of-liability provisions of s. 440.11 from any action at law or in admiralty on account of injury to an employee of another subcontractor, or of the contractor, provided that:

1.  The subcontractor has secured workers’ compensation insurance for its employees or the contractor has secured such insurance on behalf of the subcontractor and its employees in accordance with paragraph (b); and

2.  The subcontractor’s own gross negligence was not the major contributing cause of the injury.

(f)  If an employer fails to secure compensation as required by this chapter, the department shall assess against the employer a penalty not to exceed $5,000 for each employee of that employer who is classified by the employer as an independent contractor but who is found by the department to not meet the criteria for an independent contractor that are set forth in s. 440.02. The department shall adopt rules to administer the provisions of this paragraph.

(g)  Subject to s. 440.38, any employer who has employees engaged in work in this state shall obtain a Florida policy or endorsement for such employees which utilizes Florida class codes, rates, rules, and manuals that are in compliance with and approved under the provisions of this chapter and the Florida Insurance Code. Failure to comply with this paragraph is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The department shall adopt rules for construction industry and nonconstruction-industry employers with regard to the activities that define what constitutes being “engaged in work” in this state, using the following standards:

1.  For employees of nonconstruction-industry employers who have their headquarters outside of Florida and also operate in Florida and who are routinely crossing state lines, but usually return to their homes each night, the employee shall be assigned to the headquarters’ state. However, the construction industry employees performing new construction or alterations in Florida shall be assigned to Florida even if the employees return to their home state each night.

2.  The payroll of executive supervisors who may visit a Florida location but who are not in direct charge of a Florida location shall be assigned to the state in which the headquarters is located.

3.  For construction contractors who maintain a permanent staff of employees and superintendents, if any of these employees or superintendents are assigned to a job that is located in Florida, either for the duration of the job or any portion thereof, their payroll shall be assigned to Florida rather than the headquarters’ state.

4.  Employees who are hired for a specific project in Florida shall be assigned to Florida.

(2)  Compensation shall be payable irrespective of fault as a cause for the injury, except as provided in s. 440.09(3).

440.11  Exclusiveness of liability.—

(1)  The liability of an employer prescribed in s. 440.10 shall be exclusive and in place of all other liability, including vicarious liability, of such employer to any third-party tortfeasor and to the employee, the legal representative thereof, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to recover damages from such employer at law or in admiralty on account of such injury or death, except as follows:

(a)  If an employer fails to secure payment of compensation as required by this chapter, an injured employee, or the legal representative thereof in case death results from the injury, may elect to claim compensation under this chapter or to maintain an action at law or in admiralty for damages on account of such injury or death. In such action the defendant may not plead as a defense that the injury was caused by negligence of a fellow employee, that the employee assumed the risk of the employment, or that the injury was due to the comparative negligence of the employee.

(b)  When an employer commits an intentional tort that causes the injury or death of the employee. For purposes of this paragraph, an employer’s actions shall be deemed to constitute an intentional tort and not an accident only when the employee proves, by clear and convincing evidence, that:

1.  The employer deliberately intended to injure the employee; or

2.  The employer engaged in conduct that the employer knew, based on prior similar accidents or on explicit warnings specifically identifying a known danger, was virtually certain to result in injury or death to the employee, and the employee was not aware of the risk because the danger was not apparent and the employer deliberately concealed or misrepresented the danger so as to prevent the employee from exercising informed judgment about whether to perform the work.

The same immunities from liability enjoyed by an employer shall extend as well to each employee of the employer when such employee is acting in furtherance of the employer’s business and the injured employee is entitled to receive benefits under this chapter. Such fellow-employee immunities shall not be applicable to an employee who acts, with respect to a fellow employee, with willful and wanton disregard or unprovoked physical aggression or with gross negligence when such acts result in injury or death or such acts proximately cause such injury or death, nor shall such immunities be applicable to employees of the same employer when each is operating in the furtherance of the employer’s business but they are assigned primarily to unrelated works within private or public employment. The same immunity provisions enjoyed by an employer shall also apply to any sole proprietor, partner, corporate officer or director, supervisor, or other person who in the course and scope of his or her duties acts in a managerial or policymaking capacity and the conduct which caused the alleged injury arose within the course and scope of said managerial or policymaking duties and was not a violation of a law, whether or not a violation was charged, for which the maximum penalty which may be imposed does not exceed 60 days’ imprisonment as set forth in s. 775.082. The immunity from liability provided in this subsection extends to county governments with respect to employees of county constitutional officers whose offices are funded by the board of county commissioners.

(2)  The immunity from liability described in subsection (1) shall extend to an employer and to each employee of the employer which utilizes the services of the employees of a help supply services company, as set forth in Standard Industry Code Industry Number 7363, when such employees, whether management or staff, are acting in furtherance of the employer’s business. An employee so engaged by the employer shall be considered a borrowed employee of the employer, and, for the purposes of this section, shall be treated as any other employee of the employer. The employer shall be liable for and shall secure the payment of compensation to all such borrowed employees as required in s. 440.10, except when such payment has been secured by the help supply services company.

(3)  An employer’s workers’ compensation carrier, service agent, or safety consultant shall not be liable as a third-party tortfeasor to employees of the employer or employees of its subcontractors for assisting the employer and its subcontractors, if any, in carrying out the employer’s rights and responsibilities under this chapter by furnishing any safety inspection, safety consultative service, or other safety service incidental to the workers’ compensation or employers’ liability coverage or to the workers’ compensation or employer’s liability servicing contract. Without limitation, a safety consultant may include an owner, as defined in chapter 713, or an owner’s related, affiliated, or subsidiary companies and the employees of each. The exclusion from liability under this subsection shall not apply in any case in which injury or death is proximately caused by the willful and unprovoked physical aggression, or by the negligent operation of a motor vehicle, by employees, officers, or directors of the employer’s workers’ compensation carrier, service agent, or safety consultant.

(4)  Notwithstanding the provisions of s. 624.155, the liability of a carrier to an employee or to anyone entitled to bring suit in the name of the employee shall be as provided in this chapter, which shall be exclusive and in place of all other liability.

Florida Statutes 440.39 – Compensation for injuries when third persons are liable

 § 440.39 – Compensation for injuries when third persons are liable

   (1) If an employee, subject to the provisions of the Workers’ Compensation Law, is injured or killed in the course of his or her employment by the negligence or wrongful act of a third-party tortfeasor, such injured employee or, in the case of his or her death, the employee’s dependents may accept compensation benefits under the provisions of this law, and at the same time such injured employee or his or her dependents or personal representatives may pursue his or her remedy by action at law or otherwise against such third-party tortfeasor.

   (2) If the employee or his or her dependents accept compensation or other benefits under this law or begin proceedings therefor, the employer or, in the event the employer is insured against liability hereunder, the insurer shall be subrogated to the rights of the employee or his or her dependents against such third-party tortfeasor, to the extent of the amount of compensation benefits paid or to be paid as provided by subsection (3). If the injured employee or his or her dependents recovers from a third-party tortfeasor by judgment or settlement, either before or after the filing of suit, before the employee has accepted compensation or other benefits under this chapter or before the employee has filed a written claim for compensation benefits, the amount recovered from the tortfeasor shall be set off against any compensation benefits other than for remedial care, treatment and attendance as well as rehabilitative services payable under this chapter. The amount of such offset shall be reduced by the amount of all court costs expended in the prosecution of the third-party suit or claim, including reasonable attorney fees for the plaintiff’s attorney. In no event shall the setoff provided in this section in lieu of payment of compensation benefits diminish the period for filing a claim for benefits as provided in s. 440.19.

   (3)(a) In all claims or actions at law against a third-party tortfeasor, the employee, or his or her dependents or those entitled by law to sue in the event he or she is deceased, shall sue for the employee individually and for the use and benefit of the employer, if a self-insurer, or employer’s insurance carrier, in the event compensation benefits are claimed or paid; and such suit may be brought in the name of the employee, or his or her dependents or those entitled by law to sue in the event he or she is deceased, as plaintiff or, at the option of such plaintiff, may be brought in the name of such plaintiff and for the use and benefit of the employer or insurance carrier, as the case may be. Upon suit being filed, the employer or the insurance carrier, as the case may be, may file in the suit a notice of payment of compensation and medical benefits to the employee or his or her dependents, which notice shall constitute a lien upon any judgment or settlement recovered to the extent that the court may determine to be their pro rata share for compensation and medical benefits paid or to be paid under the provisions of this law, less their pro rata share of all court costs expended by the plaintiff in the prosecution of the suit including reasonable attorney’s fees for the plaintiff’s attorney. In determining the employer’s or carrier’s pro rata share of those costs and attorney’s fees, the employer or carrier shall have deducted from its recovery a percentage amount equal to the percentage of the judgment or settlement which is for costs and attorney’s fees. Subject to this deduction, the employer or carrier shall recover from the judgment or settlement, after costs and attorney’s fees incurred by the employee or dependent in that suit have been deducted, 100 percent of what it has paid and future benefits to be paid, except, if the employee or dependent can demonstrate to the court that he or she did not recover the full value of damages sustained, the employer or carrier shall recover from the judgment or settlement, after costs and attorney’s fees incurred by the employee or dependent in that suit have been deducted, a percentage of what it has paid and future benefits to be paid equal to the percentage that the employee’s net recovery is of the full value of the employee’s damages; provided, the failure by the employer or carrier to comply with the duty to cooperate imposed by subsection (7) may be taken into account by the trial court in determining the amount of the employer’s or carrier’s recovery, and such recovery may be reduced, as the court deems equitable and appropriate under the circumstances, including as a mitigating factor whether a claim or potential claim against a third party is likely to impose liability upon the party whose cooperation is sought, if it finds such a failure has occurred. The burden of proof will be upon the employee. The determination of the amount of the employer’s or carrier’s recovery shall be made by the judge of the trial court upon application therefor and notice to the adverse party. Notice of suit being filed shall be served upon the employer and compensation carrier and upon all parties to the suit or their attorneys of record by the employee. Notice of payment of compensation benefits shall be served upon the employee and upon all parties to the suit or their attorneys of record by the employer and compensation carrier. However, if a migrant worker prevails under a private cause of action under the Migrant and Seasonal Agricultural Worker Protection Act (AWPA) 96 Stat. 2583, as amended, 29 U.S.C. ss. 1801 et seq. (1962 ed. and Supp. V), any recovery by the migrant worker under this act shall be offset 100 percent against any recovery under AWPA.

   (b)() If the employer or insurance carrier has given written notice of his or her rights of subrogation to the third-party tortfeasor, and, thereafter, settlement of any such claim or action at law is made, either before or after suit is filed, and the parties fail to agree on the proportion to be paid to each, the circuit court of the county in which the cause of action arose shall determine the amount to be paid to each by such third-party tortfeasor in accordance with the provisions of paragraph (a).

   (4)(a) If the injured employee or his or her dependents, as the case may be, fail to bring suit against such third-party tortfeasor within 1 year after the cause of action thereof has accrued, the employer, if a self-insurer, and if not, the insurance carrier, may, after giving 30 days’ notice to the injured employee or his or her dependents and the injured employee’s attorney, if represented by counsel, institute suit against such third-party tortfeasor, either in his or her own name or as provided by subsection (3), and, in the event suit is so instituted, shall be subrogated to and entitled to retain from any judgment recovered against, or settlement made with, such third party, the following: All amounts paid as compensation and medical benefits under the provisions of this law and the present value of all future compensation benefits payable, to be reduced to its present value, and to be retained as a trust fund from which future payments of compensation are to be made, together with all court costs, including attorney’s fees expended in the prosecution of such suit, to be prorated as provided by subsection (3). The remainder of the moneys derived from such judgment or settlement shall be paid to the employee or his or her dependents, as the case may be.

   (b)() If the carrier or employer does not bring suit within 2 years following the accrual of the cause of action against a third-party tortfeasor, the right of action shall revert to the employee or, in the case of the employee’s death, those entitled by law to sue, and in such event the provisions of subsection (3) shall apply.

   (5) In all cases under subsection (4) involving third-party tortfeasors in which compensation benefits under this law are paid or are to be paid, settlement may not be made either before or after suit is instituted except upon agreement of the injured employee or his or her dependents and the employer or his or her insurance carrier, as the case may be.

   (6) Any amounts recovered under this section by the employer or his or her insurance carrier shall be credited against the loss experience of such employer.

   (7) The employee, employer, and carrier have a duty to cooperate with each other in investigating and prosecuting claims and potential claims against third-party tortfeasors by producing nonprivileged documents and allowing inspection of premises, but only to the extent necessary for such purpose. Such documents and the results of such inspections are confidential and exempt from the provisions of s. 119.07(1), and shall not be used or disclosed for any other purpose.

s. 39, ch. 17481, 1935; CGL 1936 Supp. 5966(38); s. 14,

Am i entitled to the time I missed from work when i am in an accident?

A common question that the lawyer receives is “am I entitled to the time if missed from work when i am in an accident?”  The injury lawyer in Boca Raton (accident lawyer in Delray Beach, accident attorney in Deerfield Beach, injury lawyer in Boynton Beach, injury attorney in Pompano, accident lawyer in Lake Worth, accident attorney in Fort Lauderdale, personal injury attorney in West Palm Beach, accident lawyer in Hallendale, injury attorney in Palm Beach, injury lawyer in North Lake, accident attorney in Hollywood) will give a straightforward answer to this question.

Generally, if someone else causes an injury to another person and is negligent, they would owe damages.  One of the items of damages that one can claim is for lost wages or loss of income or loss of earnings.

Simply, if you cannot work due to an injury that was someone else’s fault, then that person should owe you them money for the time you missed from work.  So, by example, Mary hits John from behind in her car.  John goes to the hospital and the emergency room physician advises John not to work for a week due to his lower back pain.  John reports to his physician thereafter who keeps him out of work for another week.  John goes back to work.  If john earns $500.00 per week, then John would have a claim for $1,000.00 of wage loss against Mary.

Similarly, Mark is walking in a store.  The store has a leak from the ceiling that it knows about but has not had the time to fix. They put no warnings of the leak or the build up of water.  Mark falls and breaks his arm.  He is unable to work for 10 weeks, as his job requires use of his arm.  Mark eans $800.00 per week.  John’s claim against the store is for $8,000.00. 

Many other factors play into when an injured person can get their money.  In a worker’s compensation case, in other words when someone is injured at work, you can receive 66 and 2/3 percent of your wages from the worker’s compensation insurance.  In a car accident case, as referenced above, an injured person can collect 60 percent of their wages from their own PIP carrier (without regard to fault; so even someone at fault can collect wages from their own injured; the person not at fault would also have a claim for the 40 percent unpaid wages from the other person or their insurer).  Sometimes people can collect from their sick leave if they have that at work or they can collect wages from any short term of long term disability insurance provided by their employers or purchased by the injured person prior to the loss.

Every case is different and must be judged on its merits and on the facts of the specific situation. It is a good start to get a complementary consultation regarding an accident case in case this happens to you. The advice contained in this blog is intended to be of general matter and not as to a specific situation or your specific case, so please call a licensed Florida attorney, like the lawyer at Drucker Law Offices, to determine if and how Florida law applies to your case.

If you have any questions regarding an injury case, please call Drucker Law Offices at 561-483-9199 in the principal office, 954-755-2120 in the satellite Coral Springs office, 305-981-1561 at the satellite Miami office, 561-265-1976 at the Boynton Beach office or 561-686-7070 at the West Palm Beach office.

The statutes pertaining to lost wages in a car accident are posted below:

627.736(1)(b)  Disability benefits.—Sixty percent of any loss of gross income
and loss of earning capacity per individual from inability to work proximately
caused by the injury sustained by the injured person, plus all expenses
reasonably incurred in obtaining from others ordinary and necessary services in
lieu of those that, but for the injury, the injured person would have performed
without income for the benefit of his or her household. All disability benefits
payable under this provision shall be paid not less than every 2 weeks.

(10)(b)3.  To the extent applicable, the name of any medical provider who
rendered to an insured the treatment, services, accommodations, or supplies that
form the basis of such claim; and an itemized statement specifying each exact
amount, the date of treatment, service, or accommodation, and the type of
benefit claimed to be due. A completed form satisfying the requirements of
paragraph (5)(d) or the lost-wage statement previously submitted may be used as
the itemized statement. To the extent that the demand involves an insurer's
withdrawal of payment under paragraph (7)(a) for future treatment not yet
rendered, the claimant shall attach a copy of the insurer's notice withdrawing
such payment and an itemized statement of the type, frequency, and duration of
future treatment claimed to be reasonable and medically necessary.

Is a property owner or occupier of a property automatically responsible when someone falls or is injured on the property

Probably one of the most common misconceptions that clients or people calling the injury office has is that they believe they are owed money solely because they fell or were injured on someone’s property.  The law is clear that there must be a showing of negligence before the landowner or occupier of a property is responsible.  Please accept this blog entry as a brief overview of this area of law from the accident lawyer in Boca Raton (with satellite offices in Miami, Coral Springs, Boynton Beach, and West Palm Beach).  The injury lawyer is also a personal injury lawyer in Miami, accident attorney in Kendall, accident lawyer in Cutler Ridge, injury lawyer in HOmestead, accident lawyer in Hialeah, accident attorney in Opa Locka, injury lawyer in North Miami, injury attorney in Aventura, personal injury lawyer in Coral Gables, accident attorney in Westchester, accident lawyer in Doral.

Generally, premises liability law states that an owner or occupier of property is liable to the extent that it creates a hazard, or if it knew about or should have known about a hazard and failed to warn the invitees of the hazard.  Obviously, if a business creates a hazardous condition (leaves oil on floor to make it slippery) and someone falls as a result of it, then liability may attach.  Similarly, if a business knows about a hazardous condition but fails to warn about it, then again liaiblity may attach.  Lastly, if there is a hazardous condition, that has been there for a sufficient period of time that the business should have know about it, liability may attach.

In many of these cases, the substance that has caused the injured person to fall is a “transitory substance” that was not put there by the business.  For example, a baby spills formula on the floor, or another patron spills some coffee or soda on the floor would be examples of transitory substances.  These cases have become so common that the legislature has passed a specific statute dealing with these cases.  Section 768.0755 states:

   (1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:

   (a)() The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or

   (b)() The condition occurred with regularity and was therefore foreseeable.

   (2) This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.

Every case is different and must be judged on its merits. It is a good start to get a complementary consultation regarding an accident case in case this happens to you. The advice contained in this blog is intended to be of general matter and not as to a specific situation, so please call a licensed Florida attorney, like the lawyer at Drucker Law Offices, to determine if and how Florida law applies to your case.

At Drucker Law Offices, clients are helped with all types of injury cases including slip and fall cases.  If you have any questions or have been injured in an accident and believe someone else is at fault, please call for a free consultation.  The phone number is 561-483-9199 in Palm Beach or 954-755-2120 in Broward or 305-981-1561 in Miami-Dade County.  A free consultation is offered to clients and fees are only charged if money is recovered for you.