I fell in a grocery store in Florida, was injured and the store has video of the fall; an employee was moving a mop bucket and water fell out of the bucket and i fell in that water; is that a case?
As we have spoke about on prior blogs, solely because you fall in a store does not mean that you win your personal injury case in Florida as you must prove the place where you are suing was the legal cause of the accident. In the facts presented above, if there is video of an employe moving a mop bucket in such a way that the water splashes on the ground and that is the water that you fell in, then that would be a pretty solid case of negligence against the store in general. Of course, a jury would ultimately decide the outcome of such a case. Another issue though would also be comparative fault. It would be expected in litigation for the store to raise the question that had the injured person looked where they were going, then the fall never would have happened and attempt to have the jury assign some percentage of fault against the injured person. But in general the video described does describe “a case” and if the person was injured they may be entitled to compensation for their injuries.
If you have been in a car 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) for a free consultation. We only charge fees and costs if we recover money for you.
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.
Am I entitled to money for scars on my body after a fall that was not my fault in Florida?
The first thing to note is that just because a fall is not the injured person’s fault does not mean it has to be someone else’s fault. To win a case, the injured person must prove that the accident is the fault of the person or entity that they are suing. If the fault is against the place they are suing, then the injured person is entitled to damages. Damages would include medical bills past and future, lost wages past and future and pain and suffering, etc. Damages would also include some form of compensation to scars on your body as a result of a fall. So, yes an injured person is generally entitled to compensation for scars caused by a fall that is someone else’s fault.
If you have been in an slip and fall or trip and fall accident and are seeking an attorney, Gary J. Drucker is an accident lawyer who handles cases in Miami-Dade, Broward and Palm Beach Counties. Please call Drucker Law Offices at (561)483-9199 or (954) 755-2120 or (305) 981-1561 – Principal office in Boca Raton as well as satellite offices in Miami, Coral Springs, Boynton Beach, and West Palm Beach.
Of course, a case based on a fact pattern such as the one above is unique and any other case 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 used as specific advice for a case, as the slightest difference in the facts could change the result. Also, this blog is, as the web site name suggests, based on Florida law and the laws of any other state could vary significantly from Florida.
I have car insurance in Florida and was injured in an accident last week and now my policy is renewing, can I switch insurance companies?
In general, Florida automobile insurance policies that are in effect on the date of an accident continue to apply to that particular accident, regardless of whether the insurance cancels or the insured switches to another insurance company thereafter. Thus, in general, someone does not have to worry about switching car insurance in Florida. It is advisable to read your insurance policy to make sure this is the case and to ask your insurance agent to make sure your policy works this way. Also, you can bring your policy to a lawyer to determine the effect of switching an insurance company but in general automobile insurance policies work such that as long as they are in effect at the time of the loss they will provide benefits, even if cancelled thereafter.
If you have been in an accident, please call Drucker Law Offices at 561-483-9199 or 954-755-2120 or 305-981-1561 – Principal office in Boca Raton plus satellite offices in Miami, Coral Springs, Boynton Beach, and West Palm Beach.
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.
Uninsured or Underinsured Motorist Coverage in Florida – What if the other car had insurance, but not enough to pay for my injuries and medical bills? Is that a case?
One way to get additional money for compensation on top of the insurance monies for the other driver who does not have enough insurance following a car accident is by making an UNDERinsured motorist claim. Underinsured motorist coverage in Florida pays you money when the at fault driver does not have enough insurance to pay for your injuries. Generally, you own uninsured/underinsured motorist coverage applies to you when you are in your own car or an other car, plus if there is uninsured/underinsured motorist coverage in the car that you were driving or a passenger in, then that insurance generally will apply to you as well, in Florida. It is advisable to get this sort of coverage in your car, if you can afford it and to have the highest possible limits that you can afford, as there are many drivers in Florida that do not carry bodily injury coverage (then your uninsured motorist coverage protects you) or that do not carry enough bodily injury coverage (then your underinsured motorist coverage will protect you). You may always have a claim against the person that does not have any insurance or that does not have enough insurance, but in most instances if someone does not have any insurance or even enough insurance, it may not be worth it from a cost benefit perspective to make a claim against them (but of course this would be on a case by case basis and certain things like asset searches and so forth would let us know generally whether the at fault person is worth making a personal claim against, over and above their insurance).
Please call for a free consultation. Drucker Law Offices has offices in Boca Raton (principal office), Coral Springs, Miami, Boynton Beach and West Palm Beach. The phone numbers are 561-483-9199 in Palm Beach County or 954-755-2120 in Broward County or 305-981-1561 in Miami-Dade County.
Of course, every case is unique and has to 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 slight difference in the facts could ultimately change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or another country could vary significantly from Florida.
I was in an accident in Florida that was not my fault and I have cuts and bruises on my body; should I take pictures of my cuts?
Generally, it is a good idea to get pictures of any cuts and bruises on your body after an accident. It is hard for people to imagine but insurance companies are skeptical of many injury cases as can juries be skeptical of accidents, particularly if the collision does not show a lot of damage to the vehicles in a car accident, for example. Thus, pictures showing bruising or small cuts that were caused by an accident can be very persuasive to an insurance company and/or to the jury to document an injury, even if those bruises go away after a few days or a week. Generally, if someone goes to the hospital or to a doctor those bruises or cuts will be documented in the medical reports but pictures can help this situation as well. So yes, it is a very good idea to take pictures of the cuts and bruises on your body after an accident in Florida.
If you have been in an accident, please call Drucker Law Offices at 561-483-9199 or 954-755-2120 or 305-981-1561 – Principal office in Boca Raton plus satellite offices in Miami, Coral Springs, Boynton Beach, and West Palm Beach.
Of course, every case is unique and has to 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 slight difference in the facts could ultimately change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or another country could vary significantly from Florida.
Do I need to get an “incident report” from the business establishment (supermarket, mall, retail store) in Florida where I fell and was injured?
Generally, it is advisable that when you have fallen in a business and you believe the business was at fault that you report the fall and be sure they know what happened and that they write some form of incident report. Obviously, if you fall somewhere and the business is closed, then this cannot be done at the time that you fall but assuming the business is open, you should report the accident and explain to them what happened, so that no one else is injured in the same way and also so that they can have some ability to understand how you fell. Legally, there is no requirement that an incident report be written or that the police be called, for example. Further, it can be problematic if you fall somewhere, do not report it and then the business has no idea that someone fell or what caused them to fall. Most businesses, particularly large retailers, have protocol for when someone falls a report is written and sometimes pictures are taken of the area so everything is documented. Also, in instances where the person that is injured is taken by ambulance there is not an opportunity by the injured person to insist that a incident report be written up, but in those instances the fact that you were injured at the property is already documented by the paramedics. In sum, there is no legal requirement to get an incident report from the place where you fell but it is a good idea to report the injury as soon as is practicable.
If you have been in an slip and fall or trip and fall accident and are seeking an attorney, Gary J. Drucker is an accident lawyer who handles cases in Miami-Dade, Broward and Palm Beach Counties. Please call Drucker Law Offices at (561)483-9199 or (954) 755-2120 or (305) 981-1561 – Principal office in Boca Raton as well as satellite offices in Miami, Coral Springs, Boynton Beach, and West Palm Beach.
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.
Uninsured or Underinsured Motorist Coverage in Florida – What if the other car had insurance but no bodily injury coverage? Is that a case?
Generally, if the other car (and/or other driver) has insurance but no bodily injury coverage, then there are two options in terms of recovering money in a case: 1) you can sue the owner/driver of the at fault car personally but oftentimes this is not a practical option as many people with such small coverage do not have assets or income to be worth suing or if you obtained a judgment against them, then they may be able to file for bankruptcy, for example (the sum of the situation is that they are what is called “judgment proof”) or 2) if you have uninsured motorist coverage, then you can make a claim against your own insurance policy for your injuries.
This shows the importance of obtaining uninsured motorist coverage. There are many cases where people have significant injuries but no monies can be recovered as the other person has no insurance or no bodily injury coverage, the other person is “judgment proof”, and the client does not have uninsured motorist coverage. Thus, it is very important to have the uninsured motorist coverage if you are able to afford it in Florida.
If you have been in an accident, please call Drucker Law Offices at 561-483-9199 or 954-755-2120 or 305-981-1561 – Principal office in Boca Raton plus satellite offices in Miami, Coral Springs, Boynton Beach, and West Palm Beach.
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 advise 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.
Am I entitled to monies for scarring on my body following a car accident that was not my fault?
Please accept today’s question and response from the accident lawyer from Boca Raton (injury lawyer Deerfield Beach, accident attorney Wellington, injury attorney Miami Lakes).
In a car accident in Florida, generally there are certain proof requirements that must be made. Section 627.737, which is below, explains that to be entitled to pain and suffering, you must prove one of four injuries stemmed from an accident: 1) significant and permanent lost of an important bodily function; 2) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; 3) significant and permanent scarring or disfigurement; or 4) death. As to the question above, you may be entitled to monies for pain and suffering following an accident that was not your fault, if the scarring is permanent and significant. That fact, if a settlement could not be agreed upon, would be decided by a Florida jury. Granted, if someone has a scar on their body from a car accident, they may very well have other injury which may be permanent within a reasonable degree of medical probability, which is the most common means sought to obtain non-economic damages like pain and suffering, mental anguish and so forth. Here, we are not given a lot of facts about whether the scar faded or whether it resulted in a keloid (raised) scar or where on the body the scar is located. Clearly, these would be important facts to determine whether the scar is permanent and significant. However, if the sole issue is a scarring on the body, then the issue would be whether the scar was permanent AND significant.
If you have any questions regarding an injury case, like one where you sustained a scar on your body due to another’s negligence driving a vehicle, please call Drucker Law Offices at 561-483-9199 in the principal office in Boca Raton, 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.
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.
627.737 Tort exemption; limitation on right to damages; punitive damages.—
(2) In any action of tort brought against the owner, registrant, operator, or occupant of a motor vehicle with respect to which security has been provided as required by ss. 627.730-627.7405, or against any person or organization legally responsible for her or his acts or omissions, a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of:
(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.
(d) Death.
I fell at the supermarket and was injured because the butcher was stocking the shelves and some of the meat juice was on the floor; is that a case?
Supermarkets are remarkably busy business establishments where thousands of people shop every day and unfortunately many accidents take place at them. These accidents happen in many ways including the way described above. Please accept this blog entry from our accident lawyer in Boca Raton (injury attorney Deerfield Beach, accident lawyer Pompano Beach, injury lawyer Fort Lauderdale, accident attorney Wilton Manors, accident lawyer Hallendale; injury lawyer Hollywood).
In Florida, generally, solely because you fall in a business establishment, like a supermarket, does not mean automatically that the business establishment owes you money – for your medical bills, lost wages or pain and suffering. Negligence must be proved against the premises owner or occupier. These sorts of injuries are under premises liability laws. When there is a hazardous condition, it must be proved that the business created the hazard, knew about the hazard or should have known about the hazard (constructive notice; and there are specific statutes now dealing with “transitory” substance hazardous conditions; see previous blog entries regarding same). In this fact pattern, the supermarket created the hazard as the butcher was obviously negligent in stocking the shelves and letting meat juice on the floor. Thus, generally, under Florida law, this sort of fact pattern would seem to be a case, but of course all evidence would have to be heard and an ultimate decision by the factfinder if the case were to go to court. The supermarket very well may argue that the injured person should have seen the meat juice on the floor and thus is partially at fault (comparative negligence as discussed on previous blogs). And of course damages like medical bills, lost wages and pain and suffering would need to be proven, in addition to proving that the damages sought are causally related to the particularly accident, or in this case the fall in the meat juice.
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) for a free consultation. We only charge fees and costs if we recover money for you.
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.
The police report is in my favor but now the other driver is telling his insurance company that I am at fault; does the police report mean that I automatically win the case?
Please accept today’s blog entry from the accident lawyer from Boca Raton (injury attorney Lake park, accident lawyer Manalapan, accident attorney Pompano).
Police reports are extremely helpful in determining who is at fault in an accident. However, unless the policeman witnesses the accident, there is limited information that he or she can testify to. That is because of the “accident report privilege” which is part of 316.66, Florida Statutes. The lawmakers wanted to encourage people to explain accurately how an accident happened, so that this information could be used to make intersections safe and so forth. Thus, generally the police report is inadmissible in a civil case and the information that you told the police is also generally inadmissible. Thus, the policeman’s conclusion that one car is at fault is not admissible generally and the jury in a civil case will be limited to the testimony of the people involved in the accident, plus witness testimony and of course any physical evidence. In some cases, which could arguably go one way or the other, if the policeman sides with one car over the other, this information likely will not be able to be used in court if the policeman did not see the accident. Generally, when a police report is in your favor, this is a good thing and much more often then not the result in the police report will be agreed to by the insurance companies. However, there are some cases, which are close calls, where there can be disagreement on the police report or where the policeman for one reason or another missed something in a case.
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).
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 advise 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.
316.066 Written reports of crashes.—
(1)(a) A Florida Traffic Crash Report, Long Form is required to be completed and submitted to the department within 10 days after completing an investigation by every law enforcement officer who in the regular course of duty investigates a motor vehicle crash:
* * *
(5) Except as specified in this subsection, each crash report made by a person involved in a crash and any statement made by such person to a law enforcement officer for the purpose of completing a crash report required by this section shall be without prejudice to the individual so reporting. No such report or statement shall be used as evidence in any trial, civil or criminal. However, subject to the applicable rules of evidence, a law enforcement officer at a criminal trial may testify as to any statement made to the officer by the person involved in the crash if that person’s privilege against self-incrimination is not violated.
