Who is to pay your medical bills following a car accident – by the injury attorney from Boca Raton (Boynton, West Palm Beach, Coral Springs, Miami)

One of the more confusing issues in a car accident is whose insurance pays the medical bills.  Section 627.736 of the Florida Statutes discusses this issue and specifically section 627.736(4)(d) addresses it, a copy of that section is put below at the bottom of this blog entry.  This is a common question asked to the personal injury lawyer in Boca Raton (accident lawyer in Deerfield Beach, injury attorney in Parkland, injury lawyer in Tamarac, accident attorney in Plantation, accident lawyer in Miramar, personal injury attorney in Coconut Creek). 

In general, if you own a car, your own insurance pays for your medical bills when you are involved in a car accident.  This includes situations when you are in your own car that is in an accident, if you are in someone else’s car that is involved in an accident or even if you are hit by a car as a pedestrian or on a bicycle.  If you do not own a car, then you would get PIP benefits (which would pay 80 percent of allowable medical bills and 60 percent of proven lost wages) through a resident relative.  So if you live with your mother that owns a car and you are in an accident in your mother’s car, you would get the PIP through your mother’s automobile accident insurance.  Similarly, if you were in a friend’s car (but did not own a car and you lived with your mother), then you would get the PIP coverage through your mother’s car.  Similarly, if you were hit by a car as a pedestrian or hit on a bicycle by a car (and you did not own a car but lived with your mother), you again would qualify for PIP benefits with your mother’s car insurance.  If you do not own a car and you do not live with any relatives that own a car, then you would get PIP benefits from the car that you were in or the car that hit you while you were on a bicycle or as a pedestrian. 

These cases are very fact specific and I am assuming here that these cars are registered in Florida.  It is important to have these situations analyzed by someone that is familiar with insurance policies.  At Drucker law offices, the attorney helps clients that are involved in car accidents.  If you have any questions about a car accident, please call the principal office in Boca Raton at 561-483-9199 or at the Boynton Beach satellite office 561-265-1976 or at the West Palm Beach satellite office 561-686-7070 or at the Coral Springs satellite office 954-755-2120 or at the Miami Satellite office 305-981-1561 for a free consultation. 

627.736

(4)(d)  The insurer of the owner of a motor vehicle shall pay personal injury protection benefits for:

1.  Accidental bodily injury sustained in this state by the owner while occupying a motor vehicle, or while not an occupant of a self-propelled vehicle if the injury is caused by physical contact with a motor vehicle.

2.  Accidental bodily injury sustained outside this state, but within the United States of America or its territories or possessions or Canada, by the owner while occupying the owner’s motor vehicle.

3.  Accidental bodily injury sustained by a relative of the owner residing in the same household, under the circumstances described in subparagraph 1. or subparagraph 2., provided the relative at the time of the accident is domiciled in the owner’s household and is not himself or herself the owner of a motor vehicle with respect to which security is required under ss. 627.730-627.7405.

4.  Accidental bodily injury sustained in this state by any other person while occupying the owner’s motor vehicle or, if a resident of this state, while not an occupant of a self-propelled vehicle, if the injury is caused by physical contact with such motor vehicle, provided the injured person is not himself or herself:

a.  The owner of a motor vehicle with respect to which security is required under ss. 627.730-627.7405; or

b.  Entitled to personal injury benefits from the insurer of the owner or owners of such a motor vehicle.

Who pays for your medical bills in a car accident ? from the Florida accident lawyer

Many common questions that I get as an accident lawyer in Boca Raton (also injury attorney in Miami, accident attorney in Kendall, injury lawyer in Coral Gables, injury attorney in North Miami, accident lawyer in North Miami Beach, injury attorney in Miami Beach) are about which insurance company is responsible to pay for the medical bills in an accident. Generally, in Florida, in a car accident, your own car insurance pays for your medical bills (at 80 percent of allowable charges to a total of $10,000.00; note:  the $10,000.00 encompasses 80 percent of allowable medical bills and 60 percent of wages to a total of $10,000.00 for both).  This is called Personal Injury Protection or PIP coverage and every car in Florida is required to have this coverage.

The basic concept of PIP insurance is “no fault” meaning that no matter whose fault the accident, you own insurance pays your medical expenses.  This does not make sense to many clients who ask, “if everyone is in agreement, including the car that hit me, that the other car is at fault, why should my insurance get involved at all?”  And this common question does make sense except that the idea of the no fault laws was that the government wanted to be sure that people were able to get medical treatment and thus the law was put in effect to give everyone the ability to get treatment in a car accident, regardless of fault.  While many people in Florida have health insurance, many others do not have health insurance and the legislatures wanted to be sure that everyone had the ability to get treatment and thus the PIP laws were enacted to help get people treated and get medical providers paid for said treatment. 

Please note that this does not mean that all issues in a car accident fall under the “no fault” system.  This only applies to the medical treatment.  For example, in terms of getting your car fixed, the other person’s property damage coverage will fix your car, if they are at fault, so the property damage is clearly a fault system (Note:  even if you are at fault, you may be able to get your car fixed through your own collision coverage policy, if you have that on your car).  Similarly, obtaining money for bodily injury is also a fault system and thus you cannot get compensated for your own injuries if you were at fault but instead I can only collect monies for clients that were in accidents where they were not at fault (and thus claim is being made against the other car or if the client was a passenger in a car, then against the driver of the car they were in).

The particular Florida law that deals with PIP coverage is 627.736 and the statute that requires all vehicle to have PIP coverage is 627.736(1), a copy of which is below.  If you or a loved one has been in an car accident and you would like a free consultation about your rights, please feel free to call 561-483-9199 (Boca – Principal office), Boynton Beach satellite office (561-265-1976), West Palm Beach satellite office (561-686-7070), Coral Springs satellite office (954-755-2120), or Miami satellite office (305-981-1561).  The accident lawyer in Boca Raton (injury lawyer in Delray Beach, injury attorney in Boynton Beach, accident attorney in Wellington, accident lawyer in Greenacres, injury lawyer in West Palm Beach, injury attorney in Royal Palm Beach, accident attorney in Palm Springs, accident lawyer in Lake Worth, accident attorney in Lake Park, injury lawyer in Loxahatchee, injury attorney in the Acreage, accident lawyer in Palm Beach, accident attorney in West Boca) is ready to answer any questions.

(1)  REQUIRED BENEFITS.–Every insurance policy complying with the security requirements of s. 627.733 shall provide personal injury protection to the named insured, relatives residing in the same household, persons operating the insured motor vehicle, passengers in such motor vehicle, and other persons struck by such motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle, subject to the provisions of subsection (2) and paragraph (4)(d), to a limit of $10,000 for loss sustained by any such person as a result of bodily injury, sickness, disease, or death arising out of the ownership, maintenance, or use of a motor vehicle as follows:

(a)  Medical benefits.–Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices, and medically necessary ambulance, hospital, and nursing services. Such benefits shall also include necessary remedial treatment and services recognized and permitted under the laws of the state for an injured person who relies upon spiritual means through prayer alone for healing, in accordance with his or her religious beliefs; however, this sentence does not affect the determination of what other services or procedures are medically necessary.

(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.

(c)  Death benefits.–Death benefits of $5,000 per individual. The insurer may pay such benefits to the executor or administrator of the deceased, to any of the deceased’s relatives by blood or legal adoption or connection by marriage, or to any person appearing to the insurer to be equitably entitled thereto.

Only insurers writing motor vehicle liability insurance in this state may provide the required benefits of this section, and no such insurer shall require the purchase of any other motor vehicle coverage other than the purchase of property damage liability coverage as required by s.627.7275(a) as a condition for providing such required benefits. Insurers may not require that property damage liability insurance in an amount greater than $10,000 be purchased in conjunction with personal injury protection. Such insurers shall make benefits and required property damage liability insurance coverage available through normal marketing channels. Any insurer writing motor vehicle liability insurance in this state who fails to comply with such availability requirement as a general business practice shall be deemed to have violated part IX of chapter 626, and such violation shall constitute an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance; and any such insurer committing such violation shall be subject to the penalties afforded in such part, as well as those which may be afforded elsewhere in the insurance code.

PIP laws – What does it pay for? What does PIP mean? – by the Florida accident lawyer

As a personal injury lawyer in Boca Raton (also Plantation  injury lawyer , Pompano Beach accident lawyer, Fort Lauderdale accident attorney, Parkland injury lawyer, Tamarac accident lawyer, Lauderhill injury attorney), I get a lot of clients injured in accidents with concerns such as:  how will I get my medical bills paid and what about reimbursement for the time if missed from work.  

Generally, in  Florida, every owner of an operable motor vehicle must have personal injury protection insurance (PIP) and this insurance applies to that owner, to that owners resident relatives who do not own a car and to anyone occupying their car who does not own a car or live with any relatives that own a car.    Generally, PIP coverage pays for 80 percent of your medical bills relating to a car accident and 60 percent of lost wages, both to a total of $10,000.00.   Under laws passed effective January 1, 2008, many medical bills are subject to a fee schedule.  Hospital charges are subject to a 25 percent of usual and customary reduction.  Other ancillary hospital bills (ambulance, ER physician, ER radiologist, etc.) are paid at usual and customary.  Physicians that you see after the hospital are subject to a very specific fee schedule that is tied to the medicare fee schedule.  Essentially, they are paid in general at 200 percent of the medicare fee schedule.   Wages are paid at 60 percent.  A wage verification form is required and a disability note from the treating physician is also needed.   You are allowed to elect a PIP deductible of up to $1,000.00.   You are allowed to elect to reject the wage aspect of a PIP policy to reduce the premiums.   PIP pays these medical bills and wages that are related to a motor vehicle accident.  

If you have been in an accident, please feel free to call the injury lawyer from Boca Raton (also accident attorney from Delray Beach, accident lawyer from Boynton Beach, injury lawyer from North Palm Beach, accident attorney from West Palm Beach, accident lawyer from Loxahatchee, personal injury lawyer from Palm Springs, personal injury attorney from Palm Beach, accident lawyer from Royal Palm Beach, accident attorney from the Acreage) for a free consultation at any of the convenient location in West Palm Beach, Boynton Beach, Boca Raton (principal office), Coral Springs or Miami.  The office works on a contingency fee basis which means that fees and costs are only charged if money is recovered for you.

Blog by personal injury lawyer – The Florida Safety Belt Law

As a personal injury lawyer in Boca Raton (also Deerfield Beach accident lawyer, Pompano Beach injury attorney, Fort Lauderdale accident attorney, Hallandale accident lawyer, Hollywood injury lawyer, Miramar accident lawyer, Pembroke Pines injury attorney, Plantation injury lawyer, Tamarac accident lawyer, Lauderhill injury attorney), I commonly get asked the question about the requirement of wearing a seat belt and how this plays out in an accident.

The seat belt statute provides, in part:

(4) It is unlawful for any person
(a) To operate a motor vehicle unless each front seat passenger of the vehicle under the age of 16 years is restrained by a safety belt or by a child restraint device pursuant to s. 316.613, if applicable, or
(b)To operate a motion vehicle in this state unless the person is restrained by a safety belt.
(5) It is unlawful for any person 16 years of age or older to be a passenger in the front seat of a motor vehicle unless such person is restrained by a safety belt when the vehicle is in motion.

Subsection ten (10) of F.S. 316.614 discusses how the seat belt statute should be used in a civil action:

A violation of the provisions of this section shall not constitute negligence per se, nor shall such violation be used as prima facie evidence of negligence or be considered in mitigation of damages, but such violation may be considered as evidence of comparative negligence, in any civil action. 

Clearly, this statute requires the use of a seat belt and makes some penalties if you do not wear the seatbelt.  However, while the statute does not make the failure of wearing a seatbelt negligence automatically, it can be used as evidence of comparative fault, in any civil action.

An example would be as follows.  Robert is a front seat passenger in a vehicle.   As a result of the negligence of the other vehicle, there is a car accident.  Robert is not wearing his seat belt.  He goes through the front windshield, causing significant scarring to his face along with some other injuries caused solely from the impact.  The other front seated person was wearing their seat belt and has minor injuries.  The defense may argue in the case that had Robert been wearing his seat belt, that he would not have gone through the front windshield and would not have the scarring on his face.  The suggestion by the defense would be that the jury should not award Robert the damages for his scarring but only the damages for the other injuries, due to his comparative negligence.  Of course, this would ultimately be decided by a jury and the facts of every case are different.

Common sense suggests that everyone should wear their seat belts.  There are cases reported in the newspapers where in major accidents when people where seat belts, the injuries are generally much less.  There are accidents where the only people in major car accidents with life changing injuries are those who were NOT wearing their seat belts.

If you have been in an accident, please feel free to call the injury lawyer from Boca Raton, Gary J. Drucker, (also accident attorney from Aventura, accident lawyer from North Miami, injury lawyer from Miami, accident attorney from Downtown Miami, accident lawyer from South Miami, accident lawyer from Opa Locka, accident attorney from Coconut Grove) for a free consultation at any of the convenient location in West Palm Beach, Boynton Beach, Boca Raton (principal office), Coral Springs or Miami.  I work on a contingency fee basis which means that I only charge a fee or recoup costs if money is recovered for you.

Three car rear end collisions – who is at fault? Can more than one car be at fault in an accident?

Another very common type of car accident is the three car rear end collision.  There is a lot of confusion as to whether one or two cars are at fault and who you can sue.  This blog entry will discuss some of these issues.  Bear in mind that every case is case specific and it is important to have these cases analyzed.  At Drucker Law Office, the injury attorney in Boca Raton (also accident lawyer in Delray Beach, accident attorney in Boynton Beach, injury lawyer in West Palm Beach, accident lawyer in Lake Worth) helps clients analyze their car accident cases and helps clients recover monies from the at-fault owner/driver or owners/drivers when they are injured in an accident. 

Generally, the three car rear end collision happens in two different ways.  First car in front is stopped; second car behind is stopped; third car crashes into second car which causes second car to crash into first car in front.

In this first scenario, the third car is generally at fault.  If the second car was just stopped behind the first car, then the second car of course would generally not be at fault.  Similarly, if the first car was stopped at a light, then it would not generally be at fault either.  So, in this scenario the third car is at fault.  Oftentimes, I will be asked by the person in the first car if they can sue or make a claim against the second car and generally the answer is no, as the second car is not at fault.  In this scenario, the second car was stopped and the only reason it hit the first car was because the third car hit it from behind.

The second way these accidents can happen is as follows.  First car in front is stopped; second car behind crashes into first car in front; third car crashes into second car which causes second car to crash again into first car in front.

In this second scenario, both the second car and third car are generally at fault.  The first car, presuming it was stopped at a red light for example, would generally not be at fault.  From the perspective of the first car, he would have a claim against both the second and third car for his or her injuries.

Of course, every case is unique and has to be judged on its individual merits.  In order to evaluate these cases, a jury will listen to the testimony of the drivers of the car, any passengers, any witnesses and the policeman (although his testimony would be limited to only what he saw, not to any conversations with the drivers; see the accident report privilege blog from earlier) and to look at pictures of the cars and the intersection and any other evidence brought in by the parties.

At Drucker Law Offices, the accident lawyer in Boca Raton (also injury attorney in Deerfield Beach, injury lawyer in Pompano, accident attorney in Fort Lauderdale, injury attorney in Hallendale, injury lawyer in Hollywood, accident lawyer in Miramar, accident attorney in Pembroke Pines, injury lawyer in Plantation, accident attorney in Davie, accident lawyer in Tamarac, accident lawyer in Coral Springs, injury attorney in Parkland, accident lawyer in Lauderhill, injury attorney in Lauderdale Lakes, injury lawyer in Margate, accident lawyer in Coconut Creek) helps to analyze all injury cases including three car rear end collisions.  If you or a loved one has any questions about an injury case, please call the Boca Raton office 561-483-9199 or the Coral Springs satellite office 954-755-2120 or the Miami office 305-981-1561.

Rear End Collisions – who is at fault from the accident attorney office

One of the most common types of two-car, car accidents is the rear end collisions accident.  A common question the injury lawyer in Boca Raton (also accident attorney in Delray Beach, injury attorney in Boynton Beach, accident attorney West Palm Beach, personal injury lawyer Deerfield Beach, accident lawyer Coral Springs, injury attorney Fort Lauderdale) gets in car accidents cases is whether the car from behind is automatically at fault. 

In Florida, there is a presumption that in a two car rear end collision, the car from behind is at fault.  This means that the jury should presume the car from behind is at fault unless there is other evidence that rebuts the presumption.  There are several ways to rebut the presumption; for example, if the car in front comes to an abrupt and sudden stop, without purpose, this could rebut the presumption.  Another obvious presumption would be that if there was some evidence that the car in front put the car in reverse and in fact struck the car in back, then that would arguably rebut the presumption.  Often, in these cases, there is a difference in the testimony from the two parties.  The car in front says they came to a normal stop and the car from behind says the car in front came to a sudden and abrupt stop and thus the jury has to decide who is at fault.

In most rear end collisions, one car is stopped at a light or at a stop sign or in traffic and the car from behind is not paying attention and strikes the car from behind.  In these scenarios, which is likely the majority of these cases, there is agreement as to who is at fault and the presumption holds that the car from behind is at fault. 

To sum up, in most cases the car from behind is at fault in a rear end collision case.  There usually is agreement between the parties about who is at fault.  There is a presumption under Florida law that the car from behind is at fault but this presumption is rebuttable.  Thus, fault is not automatic but instead is presumed but the presumption can be rebutted by evidence like the car in front abruptly stopped without purpose or that the car in front backed into the car from behind. 

If you have been in an accident and would like advice regarding your rear end collision car wreck or another type of accident, please feel free to call Drucker Law Offices at 561-483-9199.  The injury attorney in Boca Raton (also injury lawyer in Deerfield beach, accident attorney in Pompano, injury lawyer in Boynton Beach, accident attorney in Kendall, Florida) will be glad to answer any questions that you may have regarding your automobile accident case or other injury case.

The accident report privilege – thoughts from the Boca Raton, Boynton Beach, Coral Springs personal injury attorney

In my experiences as a personal injury attorney in Boca (also accident attorney in Delray Beach, injury lawyer in Boynton Beach, injury attorney in West Palm Beach, accident attorney in Miami, accident lawyer in Kendall, injury attorney in Dadeland area), more often than not, there is agreement as to who is the cause of an accident.  In the most common type of car accident, a rear end collision accident usually the person who hits the other from behind agrees that he or she is at fault. 

However, there are many accidents where the parties are in disagreement as to how it happened.  In some of these accidents, the police describe the accident but do not make a determination as to who caused the accident.  The reason for this may be because there are no witnesses and no way to determine who is at fault. In other accidents, for one reason or another, the police actually cites one car as the cause of the accident.  In those cases, I commonly get calls asking the question above:  if I was found at fault by the policeman, is there any way to fight this to recover monies for my injuries from the other insurance company. 

Florida Statute section 316.066 is called the accident report privilege statute.  This statute makes it that any statements made by someone to the police investigating a crash is inadmissible in a civil case and further the report cannot be used as evidence in a civil proceeding also.  Thus, even though the police find one party at fault in a police report, in terms of presenting a case to a jury, this finding would not be able to be used in a civil court case.  

As a result of this statute, the police report is far from final in terms of determining who is at fault in an accident.  Using common sense, policeman investigate accidents regularly and likely are correct in finding accidents, as they have had the opportunity to talk to the parties involved in the accident and any witnesses.  But in the case where the policeman does not understand the accident or misunderstands a witness or just makes a mistake in finding fault against one party, there would be recourse for the person who thinks they were wrongfully found at fault in an accident from the standpoint of pursuing an injury case with an accident lawyer. 

If you have been involved in an accident, please call the accident attorney, injury lawyer for a free consultation regarding your car accident case.  Drucker Law Offices handles cases in Palm Beach County – Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, Lake Park, Lake Worth, Loxahatchee, Wellington, Broward County – Deerfield Beach, Pompano, Fort Lauderdale, Hallandale, Hollywood, Pembroke Pines, Miramar, Coral Springs, Margate, Lauderhill, Parkland; and Miami-Dade County – Miami, Aventura, Hialeah, Miami Lakes, Coral Ridge, Homestead, South Miami, and Coral Gables.

Comparative fault in a Premises Liability Case – A Boca Raton, Coral Springs, Deerfield Beach, Pompano Beach, and Fort Lauderdale injury lawyer perspective

In the last blog, I discussed premises liability and specifically slip and falls and trip and falls accidents cases.  I am trying to give this from an injury lawyer from Boca Raton perspective or an injury lawyer from Sunrise perspective, etc.  We, the accident attorney and staff, handle these slip and fall cases that happen in all of Broward county– whether it is Coral Springs, Deerfield Beach, Pompano Beach, Coconut Creek, Margate, Lauderhill, North Lauderdale, Hollywood, Miramar, Pembroke Pines, Hallandale, Cooper City, Oakland Park or Fort Lauderdale.  We, the injury attorney and staff, also handle cases in Palm Beach – Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, Loxahatchee, Greenacres, Lake Park, Lake Worth, Royal Palm Beach, etc. and Miami-Dade Counties – Miami, Kendall, Aventura, Hialeah, Miami Lakes, Homestead, Coral Ridge, South Miami, Coral Gables, Pine Crest, etc. 

When people fall and are injured, and assuming a jury later finds that the landowner or business is negligent for the fall, the question commonly raised by the defense is that the injured person is also at fault for the fall.  This is called comparative fault.  

The general argument made by defense counsel is that the plaintiff bears the burden of caring for themselves and they were negligent in doing so which caused the injury.  With a liquid on the ground type of case the defense position would be:  look the liquid was right there in front of the plaintiff and had they simply looked to the ground, they would have seen it and avoided it.  Let’s say that someone goes to a business and there is a leaky air conditioner that the business owner has known about but has not fixed.  If the plaintiff falls in that liquid on the ground, this would generally make for a pretty strong negligence liability case against that business owner.  If a jury in court would find that the business owner was negligent, the next question would be whether they also find that the injured person was also at fault (comparatively at fault) for the fall.  If the jury would answer that question also in the affirmative, then they would have to apportion fault between the two parties, i.e. x percentage to one party and x percentage to the other party and the numbers must equal 100 percent.  So a jury could find 10 percent on the injured party and 90 percent on the business owner, or it could find 90 percent on the injured party and 10 percent on the business owner.

How does this comparative fault generally work out in a slip and fall case?  Generally, if the injured persons damages are $50,000.00 between medical bills, lost wages and pain and suffering and the jury found that the plaintiff was 10 percent comparatively at fault, then the jury award would be reduced by 10 percent and the judgment would be for $45,000.00.  On the other hand, if the jury found plaintiff was 90 percent comparatively at fault, then the jury award would be reduced by 90 percent and the judgment would be for $5,000.00, and so forth. 

In working on these cases, trying cases and reading jury verdicts, it is very common for juries to find comparative fault in slip and fall cases as usually the thing that the injured person is falling on is not hidden and right in front of them, so the argument that if they would just look down is very persuasive to juries and hence you see this type of findings by juries.  Usually, the counter-argument to this defense position is that when the client is in the business, the business is usually doing things to encourage their customers to look around the store, like sales signs and so forth.  Also, people generally do not look to the floor when they walk and they generally assume the area inside a business is safe to walk without slipping and falling.

All of these examples are of course very case specific and every case needs to be legally analyzed, by an injury attorney  or an accident attorney, as there may be specific laws that apply to a certain case.  At Drucker Law Offices, the injury lawyer analyzes slip and fall cases as well as trip and fall cases for the client and he helps them get compensated for their injuries.  Drucker Law Offices handles these cases in Broward– whether it is Coral Springs, Deerfield Beach, Pompano Beach, Coconut Creek, Margate, Lauderhill, Wston, North Lauderdale, Hollywood, Miramar, Pembroke Pines, Hallandale, Oakland Park or Fort Lauderdale; Palm Beach – Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, Manalapan, Loxahatchee, Greenacres, Lake Park, Lake Worth, Royal Palm Beach, etc.; and Miami-Dade Counties – Miami, Kendall, Aventura, Hialeah, Miami Lakes, Coconut Grove, Homestead, Coral Ridge, South Miami, Coral Gables, Pine Crest, etc,  If you have any questions, please feel free to call the accident lawyer today at 561-483-9199 (Boca Raton Principal office) or 954-755-2120 (Coral Springs satellite office) or 305-981-5393 (Miami Satellite office).

do you win case solely because you fall – Accident lawyer discussion

Slip and Fall accidents happpen in people homes, in local businesses, in strip malls business, in retail mall outlets and essentially at any property.  The accident attorney can help when someone is injured in a fall where there is liablity against the landowner/land occupier.  This injury lawyer handles cases in Boca Raton, Florida, Delray, Boynton Beach and many other cities where clients are injured in a slip and fall or trip and fall case.  The practice is located in South Florida meaning the tri-county area.  This area of law is called premises liability, meaning liability of the landlowner or occupier of someone that is on those premises.

The first thing that is important to understand in this area of law is that Florida law is clear that the owner or occupier of property is not automatically responsibly just because someone is injured on the property.   This seems to be one of the most common misconceptions of this area of law.  People believe that SOLELY because they were injured on the property, that business owes them for medical bills and so forth.  This injury lawyer on this site who practices in Boca Raton, Delray Beach and Boynton Beach and other cities as referenced on the website can tell you that the law states, generally, that negligence must be proven before a business owes someone for medical bills, pain and suffering, etc.  For example, if someone trips on their own shoe laces at a business and thus it is the person’s fault as opposed to the fault of the business, they would generally not have a case to recover money resulting for that fall.

People ask this accident attorney from Boca Raton, Miami, Fort Lauderdale and Boynton Beach if there is water or some liquid on the floor, does that mean that the business owes them for medical bills, pain and suffering, lost wages, etc. and again the answer is maybe.  If the water is leaking from a refrigerator or air conditioner that the business knew about, then this would be a strong case for liability against the business.  However, if there is videotape (and nowadays video is very common) and if two minutes before the person fell, another customer spilled some liquid on the floor and this is what caused the fall, then this would be a much more difficult case.  The reason this case would be more difficult is that, as against the business, they would be able to argue that there was nothing that could be done to prevent the accident and therefore they are not liable.  In general, fall cases on transient liquids are “failure to warn” cases, unless it can be shown that the business or one of it’s employees put the liquid on the ground, knew about it or the liquid came from an air conditioner in the business, etc.  So if the video would show that the spill was just a few minutes before the fall, then it would be hard for the injured person to argue that the business “failed to warn” as likely it would be determined that there was not enough time for them to warn.

Another issue in the slip and fall cases is what is known as comparative fault, which is the legal position that while the defendant (landowner or business in the cases I am discussing here) is at fault, the plaintiff (the injured person) is also at fault and thus fault should be apportioned.  I will discuss this issue further in another post, so please look out for other posts on comparative fault.

There is obviously a lot of information here and of course every injury case is unique.  The injury lawyer on this site offers free consultations on accident cases like the ones described above and for car accident cases.   Attorney Gary Drucker handles cases in Boca Raton, West Palm Beach and Delray as well as other cities as discussed on the main page.  The office works on a contingency fee basis which means that lawyer fees and costs are only charged if money is recovered for clients. This advise is based on Florida law and other states laws may vary significantly from Florida.

Pedestrian Accidents

Have you been injured as a pedestrian crossing the street?  Are you looking for a pedestrian injury lawyer that will give you the personal attention that your case deserves?  If so, you have found the right law firm.  Drucker Law Offices is focused on giving its clients personal attention and that is the basis of the motto: “Personal Injury Deserves Personal Attention.”. Call us today for a FREE consultation. The firm does not collect attorney fees or costs unless there is a settlement or verdict in your favor.

A staggering number of pedestrian accidents happen each year. More often than not, they involve children and are usually the fault of a negligent driver. Victims of pedestrian accidents can rely on Drucker Law Offices to thoroughly investigate their case and pursue fair compensation from those who were at fault. Attorney Gary Drucker is dedicated to upholding the legal rights of injured individuals. He can help make sense out of the complex legal issues that surround these types of accident. When drivers do not pay attention to the road, fail to stop at pedestrian crossings, or ignore road signs and speed, they put the lives of children and loved ones in danger. Drivers may be distracted by cell phone or smart phone use or simply not see a pedestrian crossing the street. However, when drivers are under the influence of drugs or alcohol, the risk of hitting a pedestrian is considerably increased.

Pedestrian accidents can result in significant injury and even death and can cause some of the most devastating types of personal injury, including severe head injury, injuries to the limbs and spinal cord, in addition to the emotional distress incurred by victims and their families.

Drivers are responsible for being aware of their surroundings, obeying road signs and speed limits, and avoiding the use of drugs and alcohol while operating a vehicle. However, many drivers do not follow these rules and regulations. What can result is the serious injury or death of an innocent pedestrian. Pedestrians who are injured in an accident caused by a negligent driver are entitled to compensation for medical bills, lost wages, disability, and pain and suffering.

Victims of pedestrian accidents should seek legal representation from experienced personal injury attorneys in order to pursue fair compensation for their injuries. Drucker Law Offices is devoted to the well being and financial stability of clients. Let Gary Drucker represent you or your loved one.

Victims of pedestrian accidents can rely on him to pursue compensation from those who are responsible for their injuries. Contact Drucker Law Offices today for a free evaluation. A free initial consultation is provided for clients who have been injured as a result of pedestrian accidents. The contract is a contingency fee contract so clients only pay a lawyer fee if the case is satisfactorily resolved.