Wrongful deaths can be very disheartening and a big blow for families to accept. Our attorneys have been of great help to many wounded victims. We represent these victims and ensure they get the reparations they deserve.
Sadly, most of these wounded employees don’t remain alive to enjoy the comp benefits. They mostly pass away from the injuries sustained or through infections and diseases. There was a record of 309 fatal work injuries in 2016.
In cases of such unfortunate events, the deceased worker’s family becomes eligible to file for death benefits. The benefit is more or less compensation to the family of the deceased for the effect of the death.
You must remember that automatically receiving the compensation disqualifies you from filing a lawsuit for an injury or death. However, you can still file a wrongful death lawsuit with a wrongful death attorney.
To this end, it is only advisable you get only the best wrongful death attorney. Since the case’s outcome can never be predicted, having a competent attorney will put you on the right track.
The benefits of workers comp death in Florida are not so significant. As a result, a third-party wrongful death case might somewhat increase your compensation. Only a reasonable wrongful death attorney knows when to implement this option.
Workers Comp Death Benefits
If your spouse, family, or friends dies from an accident on a job or an occupational disease, you are entitled to recover the death benefits of that individual. The Workers Comp Death Benefits is the total amount you are entitled to. The compensation consists of
- Burial and funeral expenses.
- Educational benefits to their spouse.
- Weekly payments to the beneficiary of the compensation.
Generally, the beneficiary is entitled to a weekly payment. However, there is a statutory benchmark on the amount you can claim as compensation. For instance, the compensation for the burial and funeral expenses is not more than $7,500, and the overall payment cannot exceed $150,000.
Workers’ Comp Death Benefits Vs. Wrongful Death Lawsuits?
There is just one significant outstanding difference between these two entities. The difference here is the employer’s liability. The family of a deceased employee is entitled to the benefits without evincing liability for the death. This is so because Florida is a no-fault workers’ state.
Furthermore, they don’t have to present any evidence of negligence of the deceased employee. Though, the State sets some exceptions in such situations. For instance, an event where the deceased inflicted the injury upon themselves is one of the exceptions.
On the contrary, if the work comp case advances to a wrongful death lawsuit, you must provide liability.
A wrongful death lawsuit occurs when the deceased employee’s family believes that the employer’s gross negligence is the sole cause of the death of their relative or when the employer refuses the work comp benefits.
Liability is also applicable to all the parties whose carelessness might have been the cause of death. To this end, you can file a wrongful death case against the following parties:
- Property Owners
Property owners, controllers, or agents are responsible for implementing measures to guarantee safety around their property. When they don’t do this, and as a result, an employee’s life is lost, they are liable.
- Product Manufacturer
It is the responsibility of every manufacturer not to produce faulty or inefficient equipment. This equipment includes but is not limited to heavy machines, small tools, and even vehicles. To this end, if an employee dies operating such equipment, the manufacturer becomes liable.
- Reckless Drivers
Drivers must be careful to ensure their and other drivers’ safety. However, we don’t see such drivers anymore. If the death of an employee is the fault of reckless driving, then the family of the deceased can charge the driver as a negligent third party.
Contractors and government entities can also be liable as a negligent third party in a wrongful death lawsuit.
Can I File a Wrongful Death Lawsuit?
Not everyone in the State of Florida can file a wrongful death lawsuit. Only the personal representatives or survivors of the dead employee are eligible to file a lawsuit against the party at fault. The following are eligible to file a wrongful death lawsuit.
- The surviving spouse.
- The children.
- Other financial dependents.
Statute of Limitations for Florida Wrongful Death Claims
Workers comp benefits and wrongful death claims don’t share the same statutory periods. Instead, wrongful death claims follow the statute of limitations. Beneficiaries must wait two years after the victim’s death to file for the benefits. You must be particular about the deadline because missing the deadline may nullify the compensation. Lastly, wrongful death lawsuits offer a more substantial compensation than workers comp death benefits provide. The claims of wrongful death include:
- Medical bills.
- Transportation cost.
- Loss of companionship.
- Funeral expenses.
- Pain and suffering.
- Punitive damages.
- Inability to earn.
Did you lose a family or friend from a disease or accident at their workplace, or did they die on-site? You may be entitled to workers comp death benefits or wrongful death claims. However, you must hire a worthy and competent wrongful death attorney. Contact Schrier Law Group today to schedule your free initial consultation.
Keeping a record is vital for every individual, family, and business. Families keep records of important events like birth dates, achievements and ceremonies, celebrations, memorial purposes, and many other reasons.
Keeping accurate and thorough records of events, including accidents and injuries, is essential, especially when they happen on the job. One of the most important reasons you must keep a record on the job is to comply with the law. Furthermore, thorough and accurate reporting and record-keeping create a system with valuable information and details on accident patterns and how you can prevent them.
The Occupational Safety and Health Administration (OSHA) urges and requires every employer to keep records of all injuries and illnesses, as far as they are recordable. All accidents must be recorded if they meet with any of the following.
- If it involves an employee.
- If it happens on the job or is work-related.
- If it is a new case, and the employee has not suffered a recorded similar accident that affects the same part of the body.
- If the employee has suffered a similar accident but has fully recovered.
- If the accident results in absent work days, restricted work, job transfer, medical treatment first aid can’t treat, unconsciousness and death.
- If the accident is significantly work-related and is diagnosed by a licensed physician or medical professional.
- If the accident results from a cut from a sharp object that has previously injured another employee that is infected.
- If it involves hearing loss.
- If it involves exposure to tuberculosis and similar infections.
- If it requires that the employee be medically removed per OSHA’s medical surveillance.
OSHA-regulated organizations must have the OSHA Form 300 and the OSHA Form 300A; these are the OSHA log and annual summary for occupational accidents, respectively. These organizations must also have the OSHA Form 301, the subsidiary record of each recordable accident.
Furthermore, these records must constantly be updated and be submitted to the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) on demand.
Why You Should Report Accidents
Firstly, when you report workplace accidents, you are compliant with the law. Also, when you have in-depth and up-to-date record keeping, you create a system that helps prevent future accidents.
For instance, when these records are studied, one can identify areas where accidents frequently occur and their common causes. And with this, one can devise safety and preventive measures.
More so, investigating and filling accidents focuses more on what occurred and enables your safety management team to examine what could have been done to avoid such accidents. Recording accidents aim to identify and record critical facts and circumstances around the accident the instant it occurred. The critical facts recorded usually encompass the following:
- The affected or injured part of the body.
- Cause and source of the accident.
- The type of accident and how the victim was injured.
- Dangerous circumstances or conditions at the scene of the accident.
- Unsafe or negligent act that led to the accident.
These items are crucial to the supervisors and safety committees and enable your organization to access the progress of your accident prevention scheme. Furthermore, the report clarifies what should be done if additional training is required.
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For more information and counsel on personal injury cases, contact our award-winning law firm, Schrier Law Group, and schedule a free consultation today!
Florida § 327.301 states that a written report is needed if a boating accident results in bodily injury, deaths, disappearance, and property damage worth over $2,000. If you are a boating accident victim, it is in your best interest to hire an efficient and qualified personal injury lawyer is in your best interest. They have sufficient knowledge and qualifications on how to file a written report, and in some cases, they may even file the report on your behalf.
Who Should I Report a Boating Accident to?
The Florida Fish and Wildlife Conservation Commission (FWC) handles boating accidents within the state. However, it is not all boating accident that requires a written report. The Division of Law Enforcement of the Fish and Wildlife Conservation Commission will clarify whether your cases require a written report or not. They will also:
- Show you where to file the documents,
- where to access reporting documents and;
- follow-up steps to complete the report.
It is advisable to report to a different law enforcement agency as well. In addition, you should hire a personal injury lawyer to appraise your case to help you discern the best way to file your report.
What Type of Boating Accidents Should I Report?
Notably, not all boating accidents must be reported. However, as seen below, we have compiled a list of accidents that are required to report.
- An accident occurring from reckless driving
- Boat sinking.
- Multi-boat collisions.
- Two-boat collisions.
- Boat capsizing.
- A boat striking an object (e.g., a signal marker).
- A boat running aground.
- An accident caused by rough seas.
Furthermore, the accident must be written and reported if the accident results in injuries, loss of lives, significant property damage, or disappearance.
What is the Deadline for Reporting a Boating Accident?
According to Florida § 327.30, the operator must immediately notify any of the agencies listed below if the accident is reportable.
- The Division of Law Enforcement of the Fish and Wildlife Conservation Commission.
- The Police chief of the municipality where the accident occurred.
- The Sheriff of the county where the accident occurred.
What Damages are Recoverable After a Boating Accident?
The damages from the accident are dependent on the circumstances. With a professional personal injury lawyer, you can win a lawsuit against all the responsible parties and have all the following damages recovered after the boating accident.
- Treatment for psychological injuries
- Medical transport
- Emergency medical care
- Damage to the vessel
- Lost earning power
- Lost wages
- Destruction of personal items aside from the vessel
- Pain and distress
However, suppose it is a case of a lethal boating accident that leaves your kin with so many losses. In that case, a wrongful death claim will recover the funeral cost, provide financial support to your spouse, and many other benefits.
Determining Liability for Your Boating Accident
Negligence is the outstanding liability merit in most civil cases. And this also applies to the standard in your boating accident case. An efficient personal injury lawyer will prove negligence by:
- Proving that the defendant had an obligation of care and violated it.
- Establishing that violation of the duty of care is responsible for the accident.
- Connecting your accidents to the apparent damages.
What are the Negligent Acts that Result in Boating Accidents?
In 2020, the Division of Law Enforcement of the Fish and Wildlife Conservation Commission reported that 44% of boat collisions were due to the inattentiveness of the boat drivers. However, other factors are also responsible for boating accidents. Here, you will find the popular negligent acts causing boating accidents.
If the boat has a defect, it becomes dangerous. It is also unsafe when it is not well maintained. Defects and poor maintenance may lead to accidents. Remember, liability depends on the cause.
Intoxication may cause impaired vision, poor judgment, and inattentiveness, which can all result in ghastly boating accidents. In addition, intoxicated drivers exhibit impulsive behaviors and may be dangerous to themselves and everyone else on the vessel. Law Enforcement will perform a test to determine if your driver was intoxicated.
When not under the influence of intoxicative substances, there are still collisions between boats. Driving at excessive speed and making wayward movements may lead to accidents. Your attorney will determine the cause of the accident, which will further guide you in deciding the liable party in the accident.
What Should I Do as A Victim of a Boating Accident?
If you were in a boating accident, you must immediately report the case to the Division of Law Enforcement of the Fish and Wildlife Conservation Commission or any other law enforcement agency. You must also seek immediate treatment for cuts and injuries on your body as well as any traumas. Furthermore, you must hire the best personal injury lawyer you can find and notify your insurer of the accident as soon as possible. It is noteworthy that boat insurance isn’t necessary for the State of Florida. However, if you can choose liability insurance, you own or operate a boat.
Contact Schrier Law Group Today!
Don’t wait to hire an attorney if you or a loved one has been in a boating accident. Our personal injury attorneys at Schrier Law Group are experienced and have an in-depth understanding of Florida’s boating laws. Contact us today for a free consultation and counsel regarding your boating accident case!
Slip and fall accidents are among the leading causes of serious injuries in the U.S. That’s especially true for elderly citizens. With that in mind, slips, trips, and falls can happen anywhere, including on cruise ships.
Depending on the facts, if you’ve suffered significant injuries while on a cruise in Florida waters, you may be entitled to maximum compensation for your injuries.
However, suing a cruise ship operator is rarely easy. In most cases, it requires a slip and fall lawyer familiar with federal maritime laws, Florida personal injury laws, and negotiations with major insurance companies.
Contact a slip and fall lawyer at Schrier Law Group today to discuss the details of your case. We can help. Continue reading to learn more about cruise ship liability in slip and fall cases.
Common Reasons For Slip and Falls on Cruise Ships
Slip and fall accidents happen the same on cruises as on land. However, you should be aware of a few additional potential hazards while on a boat. Generally, the most common reasons for a slip and fall on cruise ships include, but are not limited to:
- Slippery surfaces
- Uneven floors
- Lack of slip-resistant surfaces
- Negligent maintenance
- Poor lighting
- Cruise staff members creating slip and fall hazards
- Lack of adequate warnings about dangerous conditions
- Choppy waters and severe weather
- Poor design
Slip and falls anywhere are dangerous, but even more on cruise lines. That’s because one slip, trip, or fall on a ship could lead to going overboard and serious injuries (up to death). However, typical injuries associated with cruise ship slips and falls include broken bones, pulled muscles, disfigurement, loss of limbs, head injuries, cuts, and more.
It’s essential to note that not all cruise ship slips, trips, and falls are caused by operator negligence. However, many are. In the next section, learn about cruise ship liability according to federal maritime law.
How Does The Law Apply to Cruise Ship Liability?
Cruise ship liability falls under federal maritime laws. With that in mind, filing a personal injury claim against a cruise line is slightly different. However, there are many similarities to the typical personal injury process.
Generally, federal maritime laws require cruise ship passengers to prove the following elements in a personal injury case:
- The cruise line has a duty to protect passengers from specific accidents.
- The cruise line breached its duty of care.
- Their negligence directly resulted in a passenger’s injuries.
- The passenger suffered “actual harm.”
Additionally, if a cruise ship has knowledge of potential dangers but neglects to fix the issue or adequately warn passengers, it may be liable for injuries resulting from the hazard.
Who’s Responsible for Slip And Falls at Sea?
Sometimes, cruise ship slip and fall injuries are blameless mistakes. In many other cases, the operating cruise line is directly responsible for the accident and subsequent injuries.
A few reasons why it can be challenging to win a slip and fall case against a cruise line operator like Carnival, Disney Cruise Line, Norwegian, Royal Caribbean, and many others include:
- Recent judgments in Florida maritime personal injury cases suggest favorability towards cruiser liners.
- Some cruise ship tickets indemnify cruise ships against specific liability claims.
- It can be challenging to prove the conditions that lead to a slip and fall on a cruise ship.
- Federal maritime law is complex and complicated.
Additionally, it’s essential to remember that the statute of limitations for pursuing a personal injury claim against a cruise line is three years under maritime laws. However, most slip and fall lawyers recommend moving much faster.
Proving liability for injuries on cruise ships requires the knowledge, determination, and skill of a proven slip and fall lawyer in Florida. Learn how the attorneys at Schrier Law Group can help below.
When To Contact a Florida Slip And Fall Lawyer
Suppose you’ve suffered significant injuries while vacationing on a cruise ship in Florida waters. In that case, depending on the facts, you may be eligible to pursue maximum compensation under federal maritime personal injury laws.
If you’re considering filing suit for injuries resulting from a slip and fall on a cruise ship, we can help. When you work with a slip and fall lawyer at Schrier Law Group, you get an attorney with:
- In-depth knowledge of federal maritime laws and Florida personal injury cases.
- Experience recovering multi-million dollar settlements.
- Compassionate, aggressive, and creative strategies to obtain the best possible outcome.
- A determination to help you and your family recover maximum damages for your injuries.
Don’t wait until it’s too late to pursue your personal injury case against a cruise ship. Contact us today to schedule your free initial consultation with a slip-and-fall lawyer you can trust.
Wearing a seatbelt is vital to your safety and can also play an important role in Florida car accident cases. Not only can someone else be held responsible for your injuries, but you can also share liability.
If you’re severely injured in a car accident (while not wearing a seatbelt) caused by another driver’s negligence, a court could rule that you partly caused your injuries. In that case, even if your car accident lawyer “wins” your case, your settlement could be substantially lowered based on the percentage of injuries that were self-inflicted.
It’s always a good idea to wear a seatbelt. However, if you suffer significant injuries in an accident while not wearing one, you can still potentially recover damages.
Understanding Florida’s laws on no-fault insurance, comparative negligence, contributory negligence, and the seat belt defense typically requires an experienced car accident lawyer.
Contact Schrier Law Group Today to learn how we can help you recover maximum damages under your unique circumstances. Continue reading to learn more about the importance of wearing a seatbelt in your car accident case.
What Injuries Can You Get From Not Wearing a Seatbelt?
Colliding with a multi-ton vehicle at high speeds can cause significant injuries. That’s even truer if you were not wearing a seatbelt at the time of the collision. Typical injuries associated with not buckling your seatbelt include, but are not limited to:
- Internal bleeding
- Traumatic brain injuries
- Back and neck injuries
- Broken bones
- Permanent disfigurement
Suppose you get into a car accident (caused by another driver) while not wearing a seatbelt. In that case, it can be challenging for a judge or jury to decide what actually caused your injuries. Was it the crash or that you didn’t have on a seatbelt? Typically, cases like this require an experienced car accident lawyer and expert medical witnesses.
Understanding Florida Negligence Laws
According to Florida Statute § 768.81, Florida is a “pure comparative negligence” state. That means you can still recover damages even if you were partly at fault for the accident. With that in mind, a court may deem that your injuries were worsened due to neglect to follow Florida seatbelt laws.
In that case, your judgment would be decreased by the amount of your liability. For example, if the court finds that you were 25 percent responsible for your injuries, you can expect 75 percent of the initial recovery amount.
How The Seat Belt Defense Can Derail Your Case
In most Florida car accident cases, the defendant and plaintiff are assigned a percentage of the responsibility for the collision and subsequent injuries. However, if a judge or jury believes you contributed to your injuries, it can significantly affect potential judgments.
In Florida, not wearing a seatbelt can be considered contributory negligence (i.e., the seatbelt defense). Depending on the facts of the case, the defendant’s insurer or car accident lawyer may assert that the plaintiff is partially at fault for their injuries.
If they are successful in their argument, it can drastically lower the total damages awarded in car accident cases. Generally, an insurer must prove the following facts to assert the seatbelt defense successfully:
- There was an available and functioning seat that the plaintiff neglected to use.
- Their refusal to wear a seatbelt was unreasonable according to the situation.
- The plaintiff’s decision not to wear a seatbelt significantly contributed to their injuries.
Can I Still Recover Damages If I Wasn’t Wearing a Seatbelt?
You can still potentially recover financial compensation even if you weren’t wearing a seatbelt. However, it will make your car accident lawyer’s job significantly more challenging.
Generally, individuals who suffer serious injuries resulting from the negligence of another driver are eligible to pursue the following damages (regardless if they wore a seatbelt or not):
- Medical bills
- Cost of rehabilitation
- Lost income
- Permanent disfigurement
- Pain and suffering
- Mental anguish
- Loss of joy
If you’ve been injured in a car accident, don’t wait until the Florida statute of limitations expires before pursuing your case. Learn how a car accident lawyer at Schrier Law Group can help below.
Contact A Proven Car Accident Lawyer
Not wearing a seatbelt can be detrimental to a plaintiff’s goal of maximum compensation. Therefore, it’s recommended to consult with a Florida car accident lawyer as soon as possible.
Depending on the facts of the case, your car accident lawyer may be able to pinpoint other factors that led to your injuries, thus leading to a more favorable result. Contact Schrier Law Group today at 1-800-700-7285 for your free case review.
In theory, Florida has the perfect weather, demographics, and nature to be a bicyclist paradise. In practice, it’s the most dangerous state to ride a bike. A combination of factors makes Florida roads hazardous for bikers, including small roads, lack of infrastructure for bikers, and impatient drivers.
In many cases, motor vehicle driver negligence (i.e., recklessness, speeding, distractions, etc.) is the leading cause of catastrophic collisions with bikers. With that in mind, if you’ve suffered bike accident injuries due to the fault of another driver, you deserve maximum compensation.
Contact Schrier Law Group today to speak with an experienced bike accident lawyer. Continue reading to learn more about the dangers of riding a bicycle in Florida.
Florida Bike Crash Statistics
Florida regularly holds the number one spot for bicycle crash fatalities. This is a sobering fact. However, legislatures and law enforcement are working to create a safer environment for bicyclists.
Listed below are a few notable bike crash statistics in the Sunshine State:
- Florida bike fatalities account for 15 – 20% of nationwide statistics.
- 38% of bike fatalities involved a failure to yield the right of way.
- 64% of bicyclist fatalities occur away from intersections, where speeds are higher.
- Nearly one-third of bicycle collisions involve alcohol (including drivers and bicyclists).
- There were 6,399 bike crashes in Florida in 2021 (183 fatalities).
- 5,972 people suffered bike accident injuries in 2021.
- Miami-Dade, Broward, Pinellas, and Hillsborough are the most dangerous Florida counties to ride a bike.
Suppose you’ve suffered bike accident injuries due to the negligence or recklessness of a motor vehicle operator. In that case, it’s in your best interest to consult with a bike accident lawyer as soon as possible.
Is it Safe to Ride a Bike in Florida?
There are always inherent dangers if you’re riding a bike on the road with motor vehicles. According to the data, Florida’s bike fatality rate is three times the national average.
Cycling in Florida is much more dangerous than in other states. However, there are ways for bikers to decrease the likelihood of bike accident injuries. They include:
- Wear a helmet and reflective gear
- Obey the laws of the road
- Give cars enough space, and don’t assume they can see you
- Use your hand signals
- Ride with the flow of traffic
- Reduce unnecessary distractions (i.e., loud music, texting, sightseeing, etc.)
- Install rearview mirrors
Even if you follow all of the bike safety tips mentioned above, there’s still a chance that you will get into an accident due to someone else’s negligence. In that case, we recommend seeking immediate medical attention and contacting a proven bike accident lawyer shortly afterward.
What Are The Safest Places to Ride a Bike in Florida?
Overall, Florida is widely considered the most dangerous state for bike riding. However, some municipalities are leading the charge on bike safety in the state. They include Boca Raton, Venice, and Fernandina Beach.
Additionally, you can significantly reduce the chances of a bike accident by biking in the following types of locations:
- Designated bike trails
- Low traffic roadways
- State parks
- Cities with bike lanes
What To Do If You’re in a Bicycle Accident
If you’re a bicyclist involved in a collision with a motor vehicle, it’s recommended you take the following steps immediately preceding the accident, but not limited to:
- Collect evidence (i.e., pictures and videos) of the damage and injuries
- Identify eyewitnesses and obtain contact information
- Exchange information with the driver of the car
- Contact the police or file a police report at the nearest station (don’t admit fault)
- Seek immediate medical attention
- Stay off of social media until your bike accident case concludes
- Contact a Florida bike accident lawyer
Contact a Florida Bike Accident Lawyer Today
Suppose you’ve suffered catastrophic injuries due to the negligence of a motor vehicle driver. In that case, you can expect a lengthy recovery process, expensive medical bills, lost income, and many more consequences.
However, you don’t have to go through the process alone. Our bike collision lawyers are here to help you recover maximum compensation for your injuries, including damages for the following:
- Medical bills
- Lost income
- Pain and suffering
- Permanent disfigurement
- Cost of property damages
- Wrongful death
At Schrier Law Group, our bike accident lawyers are compassionate, experienced, and aggressive. Don’t wait until it’s too late to pursue a bike accident personal injury claim in Florida. Contact us today for your free initial consultation with a proven bike accident attorney.
Anyone who wants an automobile in the state of Florida must possess at least the minimum car insurance coverage on that auto. To this end, it is crucial you hire a car accident lawyer and become familiar with the state car insurance policy in case the need arises.
Florida is a no-fault auto accident state. This means the process of claiming the insurance becomes more efficient after a car accident, given that your insurance covers your medical bill and other related expenses. However, the state limits your ability to file a lawsuit for non-economic losses.
In addition, the minimum car insurance in the state includes Personal Injury Protection (PIP) and Property Damage Liability (PDL). The PIP covers you and selected others, while the PDP covers the damage done to another individual’s vehicle in an accident you caused.
The Basics of No-Fault Auto Accident in Florida
Florida is one of the many states in the United States that follows a particular version of the no-fault auto accident. This means after a car accident, your insurance, which in the state of Florida is your PIP coverage, pays for the medical bill as well as other economic losses that may result from the accident.
There is a limit to the losses that this insurance covers. For example, you will not get compensation for “pain and suffering” or “discomfort” because they are non-economic damages.
However, it is possible to get compensation for the non-economic damages or to file a lawsuit against the driver that caused your “pain and suffering” or “discomfort.” If the injuries incurred from the accident meet the threshold of Florida Serious Injury Law, you can file for non-economic damages.
The no-fault auto accident in Florida does not cover vehicle damage claims after the accident. However, liability claims for damages done can be filed against the driver that caused the accident. This time around, there are no limitations.
Who Does the No-Fault Auto Accident in Florida Cover?
- The no-fault auto accident in Florida is always applicable regardless of who caused the accident. In addition, the benefits of Personal Injury Protection (PIP) cover more than the policyholder. The PIP coverage applies to the following individuals.
- The policyholder.
- The offspring of the policyholder. In this case, it is also applicable if the kid got injured in a school bus accident.
- The policyholder household members.
- Majority of passengers without PIP coverage, as well as vehicles.
The PIP coverage still applies to the policyholder even if they are a passenger in the vehicle, a pedestrian on the road, or a cyclist hit by a vehicle.
What is Florida Serious Injury Law?
To file a case for non-economic damages against the individual who caused the accident, the injuries incurred must be serious. For an injury to be classified as serious in the state of Florida, the auto accident must have resulted in at least one of the following:
- Permanent loss or damage of a significant body function.
- Permanent injury, however, with a likelihood of medical probability.
- Significant permanent scarring.
- Permanent dismemberment.
If you encounter any of these from a car accident, there are no limits to your PIP claims, as you can now file for compensations for non-economic damages. You can also file a lawsuit against the driver at fault through a personal injury lawsuit or third-party car insurance coverage.
Minimum Requirement for No-Fault Auto Accident in Florida
To register your auto in Florida and drive it legally, you must possess:
- $10,000 in Personal Injury Protection (PIP) benefits.
- $10,000 in Property Damage Liability (PDL)benefits.
The state does not make it mandatory for drivers to be responsible for liability coverage for bodily accidents on others that they might have injured from an accident the policymaker caused.
The Bodily Injury Bill (BIL) covers this. However, you must note that if you are responsible for an auto accident that puts an individual in the serious injury threshold and they eventually sue you without BIL coverage, you become responsible for their damages.
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For more answers to your questions regarding state car insurance policies, get in touch with our award winning car accident attorneys and book your free consultation today!
Swimming pool drownings are among the leading causes of unintentional deaths of kids in Florida. For every person who dies in a swimming pool drowning, five are seriously injured and rushed to the emergency unit.
Survivors of swimming pool drownings may suffer from brain damage, among other injuries. When the pool has excess cleaning agents and other chemicals like chlorine, swimmers are prone to an array of fatal reactions.
Similarly, when there is a shortage of these chemicals in the pool, swimmers become vulnerable to a pool of bacteria. Excess or shortage of these chemicals could affect swimmers.
Though a personal injury lawyer may handle a swimming pool drowning case, it is best to hire a professional pool drowning lawyer.
Requirements for Public Pools in Florida
Pool safety rules are fundamental, and in premises liability cases like these, you do not want to neglect any of the rules. Neglecting the rules is, by implication, a violation of the law. Negligence on the property owner’s part is one of the underlying causes of swimming pool drownings.
The victim of a swimming pool drowning must acknowledge that negligence is the substantial cause of the damages.
In some cases, violation of the law is far from the cause of drowning. It does, however, establish ignorance and carelessness. For instance, suppose an individual drowns in a swimming pool containing dirt; the dirty water in the pool is a legal violation but is not the cause of the drowning. It often points to the owner as negligent as they hold no regard for the law and has little or no concern for the safety of the pool.
Most swimming pool drowning in Florida happens at hotels, apartment pools, and other pools situated in public spaces. Under the law of the state of Florida, these pools are considered to be public pools. There must be a certain level of chemicals in the pool, and lifesaving equipment must always be accessible.
In addition, warning signs like No Lifeguard on Duty or No Unattended Children tend to stir the case in different directions. A popular myth insists these signs are not an immunization for the property owner, but this has never been the case.
The signs make it easier for the assumption of the risk defense to stand. However, this only applies if the victim voluntarily assumes the risk, which means the victim must have seen the sign, read and understood it, and consent to the responsibility of personal safety despite being aware of the danger involved in the activity.
Assumption of risk defense is widespread in lawsuits involving negligence. This type of defense is utilized when the plaintiff voluntarily assumes the risk of injury involved in the activity connected to the defendant’s negligence.
Requirement for Private Pools in Florida
The Sunshine State has one of the strictest rules in the United States for pools on private properties. There is a minimum requirement you must meet to own a private pool in the state of Florida. According to the Residential Swimming Pool Safety Act of Florida, a residential swimming pool must have the following primary requirements.
- Water alarm.
- Alarms on the doors and windows that lead to the pool.
- Swimming pool safety cover.
- An approved and appropriate barrier or barricade.
The fence surrounding the pool must have a gate at least 4ft high, no gaps or spaces in between, and is at a distance from the pool. In addition, the gate must feature a self-latching hinge at least 4½ft above the ground and be situated at the pool side of the fence.
Special Cases for Children in Swimming Pool Drowning in Florida
Ideally, the property owner should take responsibility if the victim was a guest. However, this rule does not hold if the child is trespassing. The rule only applies under the following conditions:
- If the owner is aware of the danger.
- If the property is located where children will likely trespass.
- If the danger causes significant harm or damage to the affected child.
- If the child is too young to acknowledge the risk involved.
- If the danger posed to the victim is more than the burden of eliminating it.
- If the property owner is careless.
Schrier Law Group
Attractive nuisance cases in the state of Florida can be very complicated. It gets more complicated when it involves swimming pool drowning. You may need a professional and experienced pool drowning lawyer to get fair compensation. Get in touch with our award winning law firm for a free consultation regarding your pool drowning case.
In some persons, after an accident, symptoms may not manifest immediately. Generally, the symptoms of Mild Traumatic Brain Injury improve with time, and in some cases, it takes only a couple of weeks to feel better. When diagnosed with Mild Traumatic Brain Injury, you should seek the service of a professional brain injury lawyer.
The symptoms of mild brain injury may affect your mental and physical senses, and they differ from one patient to another. It may also affect your social behavior and sleep pattern.
For instance, you may feel headaches and nausea within the first week. A week after, you may find it difficult to interact with people and could get easily irritated or vexed.
What is Mild Traumatic Brain Injury?
Mild Traumatic Brain Injury is described as a psychological disruption that is often traumatically induced. It could result from accidents such as slips and falls, car accidents, et cetera.
Symptoms of Mild Traumatic Brain Injury
Here, you will find a breakdown of the symptoms of Mild Traumatic Brain Injury and how they can affect you.
As we mentioned earlier, the symptoms of Mild Traumatic Brain Injury may affect your physical and mental senses, social behavior, and sleep pattern.
How Each Symptom Can Affect You:
- Disturbance from light and sounds
- Dizziness and loss of balance
- Headache or migraine
- Loss of attention and concentration
- Active memory or explicit memory problems
- Distorted thoughts
- Quick anger and irritation
- Anxiety and paranoia
- Very emotional
- Shorter sleep
- Extended sleep
These symptoms may be difficult to distinguish as they are similar to other health issues.
However, after a Mild Traumatic Brain Injury, patients may:
- Not admit or recognize they have a problem.
- Not understand how these symptoms affect their lives.
Mild Traumatic Brain Injury can get more severe. In severe cases, a blood clot may form between the brain and the skull. Such cases call for an emergency. In addition, one should watch out for the following danger signs of Mild Traumatic Brain Injury.
- Severe and persistent migraine.
- Loss of orientation and coordination.
- Convulsions and seizures.
- Numbness and weakness.
- Continuous vomiting.
- One pupil is bigger than the other.
- Restlessness and agitation.
- Unconsciousness and Drowsiness.
These are the danger signs in adults. However, if a child experiences any of the following danger signs and will not eat or stop crying, one must seek immediate medical assistance.
In the same vein, legal attention is just as important. If your loved one or anyone you know suffers from Mild Traumatic Brain Injury or other brain injuries, you should contact us for the best brain injury lawyer.
What are the Causes of Mild Traumatic Brain Injury?
Mild Traumatic Brain Injury can occur in a person by a closed brain injury. A closed brain injury is when the skull is injured but neither broken, punctured, nor cracked. It can happen due to violent and forceful shakes in the skull that may cause the brain tissue or veins to tear or bruise.
Below are some of the significant causes of Mild Traumatic Brain Injury.
- Car accidents.
- Sporting injuries.
- Fall from heights.
- Slip and falls.
- Injuries from objects dropping on the head.
- Shaken baby syndrome.
Most of the causes of Mild Traumatic Brain Injury are by accident. Therefore, there are no 100% effective methods or measures to prevent them.
Florida Traumatic Brain Injury Attorney
At Schrier Law Group, our experienced and knowledgable attorneys who specialize in personal injury cases, are dedicated to help you navigate the complexities that come with a traumatic brain injury case. Contact Schrier Law Group today to schedule your free consulation with one of our proven Florida brain injury attorneys.
Much of what happens after a slip and fall in a store is up to you. However, if you’ve suffered potentially significant injuries resulting from a slip and fall in a store, it’s recommended you take the following steps:
- Seek immediate medical assistance
- Document the evidence of the conditions that led to the injury
- Report the accident to a store manager or owner
- Identify eyewitnesses
- Contact a Florida slip and fall lawyer
If you recently suffered slip and fall injuries due to the negligence of a store, we can help. Call PAUL (1-800-700-PAUL) at The Schrier Law Group today for a free consultation with an experienced slip and fall lawyer you can trust.
Continue reading to learn more about what happens if you slip and fall in a store.
What Do I Need to Prove in a Slip And Fall Injury Claim?
Slip and falls occurring in the store are not always the store’s fault. Generally, if you’ve been injured by a slip, trip, or fall in a commercial business, your slip and fall lawyer will need to prove the following, but not limited to:
- The store knew (or should have known) about the dangerous condition.
- Based on regular occurrences, the dangerous condition was foreseeable.
- Your injuries are a direct result of the slip and fall.
For the most part, establishing liability in Florida slip and fall cases is complicated. An established Florida slip and fall lawyer can investigate your case, advise you of your rights, and establish a baseline for the worth of your case.
Here’s What To Do After A Slip And Fall in a Store
Sustaining injuries and proving fault for those injuries are two different things. Even if it’s evident to you that the store’s negligence caused your injuries, you’ll need to take the following steps to increase your likelihood of a successful personal injury case.
Seek Medical Assistance
Proof of injury requires the diagnosis of a licensed medical professional. Therefore, it’s recommended that you seek immediate medical attention after a slip and fall in a store. That’s true even if your injuries initially seem mild.
Without official medical records proving you sustained the injuries you claim, it can be challenging (if not impossible) for your slip and fall attorney to mount a solid personal injury case.
Document The Evidence
Claims without evidence are just that, claims. With that in mind, if you’ve slipped, tripped, or fallen due to the negligence of a store, you’ll need significant evidence to prove your case. The evidence collection and documentation should start immediately after your accident until the case settles.
Examples of slip and fall evidence include:
- Pictures and videos of the conditions that led to the slip and fall and the location the accident occurred (as many angles as possible)
- Meticulous notes about your pain, rehabilitation, challenges, etc.
- Medical records
- Personal belongings damaged due to the fall
- A copy of the original accident report
In addition, it’s recommended that you refrain from talking about your accident with anyone other than your attorney and stay off of social media until your case concludes. Remember, anything you say, do, or post can be used against you in personal injury cases.
Report The Accident To The Store Manager
It’s recommended that you report the slip and fall accident to a manager on duty as soon as possible. If your injuries aren’t too severe, get the report before you leave to seek medical attention.
In the report, document what happened and what you believe caused the slip and fall. However, it’s important to note that you should never admit fault in your report. Allow your slip and fall lawyer to determine liability after they conduct an investigation.
Identify Eye Witnesses
In addition to evidence collection, it’s essential to identify eyewitness accounts of the slip and fall accident quickly. Eyewitnesses can be especially helpful to slip and fall personal injury cases. Be sure to get their name, address, phone number, or e-mail address.
Contact A Slip And Fall Lawyer Today
Generally, Florida slip and fall laws require victims to file a personal injury claim within four years of the accident. However, most slip and fall lawyers recommend beginning the claims process much sooner.
Our slip and fall lawyers are compassionate, experienced, and prepared to pursue maximum compensation for your damages. Slip and fall victims can potentially recoup maximum compensation for injuries, rehab, lost income, pain and suffering, and more.
However, obtaining the best possible outcome in your case typically requires the experience and savvy of a proven Florida slip and fall lawyer. If you’ve been injured by a slip, trip, or fall in a store, contact The Shrier Law Group today at 1-800-700-PAUL to discuss the details of your claim.