Florida Traumatic Brain Injury Lawyer (TBI)
A head injury isn’t always just a simple head injury. In many cases, individuals involved in serious accidents suffer a traumatic brain injury (TBI). Traumatic brain injuries can occur when an individual experiences a violent blow to the head.
It can lead to serious brain injuries that can sometimes last for a lifetime. A TBI can happen as a result of car accidents, sporting injuries, violent attacks, and more.
If you or a loved one has suffered a TBI due to the negligence of another person, it’s in your best interest to contact an experienced Florida brain injury lawyer to discuss your case. Our attorneys at Schrier Law Group understand the consequences of a TBI and how to pursue maximum compensation for your injuries.
Don’t wait until it’s too late to file a personal injury or wrongful death claim for traumatic brain injuries. Contact us today for your free initial consultation. Continue reading to learn more about TBIs and how a Florida brain injury lawyer can help you.
What is a Traumatic Brain Injury (TBI)?
A traumatic brain injury results from an unexpected jolt or vicious blow to the head that causes the brain to temporarily or permanently malfunction. With that in mind, there are two types of TBI: Open traumatic brain injuries and closed traumatic brain injuries. Learn more about each below.
Defining Open Traumatic Brain Injuries
As the name suggests, an open traumatic brain injury can occur when the skull suffers penetration, fracturing, or breaks. Open traumatic brain injuries are often the result of a sharp object striking a person’s head (accidentally or purposefully) with enough force to crack, break, or pierce the skull.
Generally, an open TBI is more likely to cause severe damage up to dangerous brain swelling and other debilitating conditions.
Defining Closed Traumatic Brain Injuries
A Closed TBI is not typically as serious as an open TBI. However, open traumatic brain injuries can still lead to devastating consequences. A closed traumatic brain injury occurs when someone’s head is injured, but it doesn’t cause breaks or skull penetration.
It is the result of the brain violently bouncing against the skull during a collision or impact. A closed TBI can lead to brain bleeding, dangerous bruising, and life-threatening swelling. A few of the most common closed TBIs include:
- Concussions: Concussions can be caused by blows to the head or violent shaking of the head. Generally, concussion symptoms are mild (i.e., headaches, dizziness, loss of concentration, etc.). However, some concussions can lead to the loss of consciousness, personality changes, and other long-term effects.
- Brain Bruising: Also known as a contusion, head injuries that cause contusions injuries that require immediate surgery and a long road to recovery.
- Diffuse Axonal Injuries: These types of brain injuries happen when the tissue in the brain tears due to a violent impact or shaking. Diffuse axonal injuries can interrupt normal brain functions, disrupt the chemical process in the brain, and potentially lead to the loss of life.
Symptoms and Signs of Traumatic Brain Injuries
The signs and symptoms of a TBI are not always immediately apparent. However, they can last for weeks, months, or even years when the symptoms do occur. Generally, the signs and symptoms of traumatic brain injuries can include, but are not limited to:
- Nausea and vomiting
- Persistent headaches
- Blurred vision, tiredness, or physical fatigue
- A ringing sound in the ears
- Confusion or “brain fog”
- Short or long-term memory loss
- Loss of consciousness
- Incoherent speech or delayed response to stimulus
- Loss of concentration
- Disrupted sleep patterns
- Sensitivity to lights or certain sounds
- Personality changes include irritability, mood swings, loss of interest in activities
- Other psychological symptoms include depression
It’s important to note that TBI injuries may not be easy to spot in elderly adults or infants. That’s why most Florida brain injury attorneys suggest contacting a doctor quickly after a head injury occurs.
Suppose you or a loved one has suffered a head injury due to the negligence of another person. In that case, it’s in your best interest to consult with a medical professional as soon as possible to avoid further damages. Next, contact an experienced Florida brain injury lawyer to discuss your case.
Common Causes of Brain Injuries
Recent research suggests that traumatic brain injuries lead to more than 2.5 million ER visits and nearly 300,000 hospitalizations every year. Further, the CDC posits that traumatic brain injuries are the cause of nearly 30% of all deaths caused by injuries in the U.S.
With that in mind, a few of the most common causes for traumatic brain injuries include:
- Slip and fall accidents
- Car accidents
- Truck accidents
- Accidents where an object strikes the victim
- Violent acts
- Injuries caused while playing sports
For the most part, falls, car accidents and assaults are the most common causes of TBI-related hospitalizations. Further, certain groups of people are more likely to suffer severe injury or death from a TBI than others.
Florida Brain Injury Claim Statutes
Florida personal injury laws account for brain injuries, and they offer the victim an opportunity to seek compensation for injuries caused by negligent doctors, property owners, and commercial companies.
Other than car accidents, a few of the most common cases that a Florida brain injury lawyer is likely to represent include, but are not limited to premises liabilities, products liabilities, and medical malpractice. Learn more about each below.
Generally, Florida law stipulates that an individual may have a premises liability claim against a negligent landowner or the controlling entity of the property if they are injured due to unreasonably dangerous conditions while on the property.
Florida premises liability laws require victims to prove the following elements:
- The property manager or owner owed the victim a duty of care
- They breached the duty of care
- Due to their breach, the victim suffers injuries
- The victim suffered actual damages as a result
Proving a TBI resulting from a negligent property owner or manager can be especially challenging without the help of a skilled Florida brain injury lawyer.
Under Florida products liability laws (sometimes called defective products law), manufacturers, marketers, and distributors can be held liable for brain injuries caused by defective products.
According to a top Florida brain injury lawyer at Schrier Law Group, products liability cases fall under one of the following three categories:
- Design defects
- Failure to warn consumers about the dangers of their products
- Manufacturing defects
In Florida, product liability lawsuits (especially those involving traumatic brain injures) are complex, drawn-out, and often rather messy. Contact us to learn more.
Perhaps one of the most unsettling causes of traumatic brain injuries in Florida is medical malpractice. According to Florida law, medical malpractice occurs when a patient suffers injuries due to the negligence of a medical provider.
Examples of medical malpractice that lead to traumatic brain injuries include but are not limited to:
- Surgery conducted on the wrong part of the body
- Missed or delayed diagnosis
- Foreign objects left inside of a person’s skull after surgery
Individuals who wish to pursue a medical malpractice claim must prove that their medical provider breached the standard of care, that breach caused a TBI, and the injuries resulted in actual damages.
Damages to be Recovered in a Brain Injury Claim
TBI victims are often burdened with long-term injuries, medical bills, and rehabilitation. With that in mind, victims can potentially recover the following damages in Florida TBI cases:
- Past, Present, and Future Medical Costs
- Loss of income currently and in the future
- Damaged property
- Additional economic damages (i.e., cost of transportation to medical appointments)
- Pain and suffering
- Emotional distress and loss of enjoyment
It’s essential to note that victims have up to four years to pursue a personal injury claim in Florida, under most circumstances. However, exceptions apply. For example, a victim typically has just two years to file a medical malpractice claim.
With that in mind, if you’ve suffered a TBI due to the negligence of another person or entity, it’s in your best interest to contact a Florida brain injury lawyer as soon as possible so they can get started on your case. Continue reading to learn how we can help.
Contact a Proven Florida Brain Injury Lawyer Today!
Our Florida brain injury attorneys at Schrier Law Group have successfully represented Florida accident victims in highly complex and consequential cases.
Due to the complicated nature of traumatic brain injuries, these types of personal injury cases require an attorney who is experienced, knowledgeable, and connected to top Florida medical experts.
We’re confident that our brain injury lawyers can help you and your family recover damages from the person, business, or healthcare provider who is at fault. We work on a contingency basis, so our Florida brain injury lawyers don’t get paid unless you get paid.
That means that you don’t have to worry about legal fees or additional costs until we’ve successfully recovered damages on your behalf.
Contact Schrier Law Group today to schedule your free, no-hassle appointment with a proven Florida brain injury lawyer.
Product Liability Attorney in Florida
Getting injured due to a faulty or defective product can pose significant risks to you as a consumer, especially if the product was not recalled. In instances like this, the original manufacturer or reseller may be liable for your injuries or wrongful death case.
A product liability attorney will be able to fully assess the facts, craft a strategic defense and fight for your rights.
What is Product Liability?
Product liability occurs when a manufacturer or seller fails to provide the public with products that meet safety standards, putting them at risk of personal injury.
What Does a Product Liability Attorney Do?
Product liability law is a broad area. A product liability attorney is specialized in handling cases within this realm, understanding the intricate procedures involved with handling cases of this nature. There are a number of claims that fall under this umbrella.
What Areas Does a Product Liability Attorney Cover?
A product liability attorney is able to handle cases that fall under a number of areas, such as:
- Drug poisoning
- Defective products
- Defective children’s products
- Defective medical devices
- Defective tools
- Food poisoning
- Defective rides at amusement parks
Cases of this nature are unique and complicated. They involve research, experts and in-depth experience in order to successfully put together a strategy that wins. Being able to prove a manufacturer was negligent in their obligation to the public can be difficult, but it is possible. Don’t assume you are helpless in recouping our losses. Manufacturers can always be held responsible for misrepresentation, dangerous or faulty devices, and products that are improperly labeled.
Product liability cases always bring a much-needed change in the way manufacturers and distributors manufacture and sell products. One major case that brings the danger of certain products and substances to light can save many lives and change current regulations to be more in line with safety standards.
What Types of Compensation Can a Product Liability Attorney Pursue?
Based on the parameters of the case, we can pursue compensation for injuries sustained and other losses including:
- Lost wages
- Medical expenses
- Pain and suffering
- Loss of earning capacity
- Funeral expenses and associated costs
How We Help Those Who Have Been Injured By Defective Products
The team at Schrier Law Group has a stellar record of winning product liability cases with the skill, experience, and resources needed to fight manufacturers who do not want to take responsibility for their negligence. While we handle a number of cases for individuals, we also represent class action lawsuits brought against manufacturers for groups of people who have been severely affected by their defective products.
Our team works with engineers, safety experts, and medical professionals to fully understand the product and where things went wrong. We carefully reconstruct each case through simulations and models to prove our cases beyond a shadow of a doubt.
Our job is to relentlessly defend our clients, to make sure they get the compensation they deserve while forcing manufacturers to be more careful in their business practices and put the lives of their consumers at the forefront of every design.
We are available to consult with your or a family member to understand the facts of the case, and to give specific recommendations on a course of action for moving forward. It is not uncommon to feel as if you cannot win against a major entity, but our job is to level the playing field and give you viable options that will make a difference.
With a seasoned product liability attorney on your side, you can avoid any red tape you may experience. Contact us today, to get help, as soon as possible.
Construction Accident Attorney in Florida
Being involved in a construction accident can be scary and extremely serious. All day you are working with heavy and dangerous equipment. If any of the equipment is used in a way that could be seen as negligent, then you may qualify for a construction accident lawsuit. There are tons of complex liability issues that pertain to a construction accident. So, it is important that you are backed by a team of attorneys that know exactly what needs to be done. If you or a loved one have been involved in a construction accident and want to make a lawsuit towards the company, contact a personal injury attorney at the Schrier Law Group to receive the compensation you deserve!
Worker’s Compensation Vs. Lawsuit
If you are involved in a construction accident, then most companies will offer you some type of worker’s compensation in order for your medical bills to be taken care of. However, sometimes this amount is not enough to support you for the lost wages and time that you received during your recovery from the accident. A very important part of deciding whether to take the move from a Worker’s Compensation claim to a Lawsuit could all come down to negligence. Third-party injury claims can be extremely complicated. You are dealing with your employer, the supplier of the materials for your employer, and all of the insurance companies involved.
Receiving Proper Compensation from a Florida Construction Accident Lawsuit
As said, the difference between accepting a worker’s compensation claim instead of having an attorney for a lawsuit is the amount of compensation you shall receive. Sometimes, it isn’t as simple as having just your medical bills covered. There is much more damage that these construction accidents may cause. For example, you have past and future medical expenses, lost wages, earnings and benefits, and the large amounts of physical and emotional pain caused by the accident. All of this may be monetized and you can receive this as compensation if you are backed by an attorney that knows what they’re doing. If you or a loved one have been involved in a construction accident, then contact a Florida construction accident attorney at the Schrier Law Group for a free consultation today!
Florida Homeowners Insurance Lawyer and Litigation Firm
Florida is perfectly positioned for vacations at the beach and time outdoors. At the same time, Florida is among a small group of states that are more prone to natural disasters than others – the most common being fires, floods, hurricanes, and other types of disasters.
With that in mind, homeowner’s insurance is a tool designed to help homeowners ease the financial burden after storms, mistakes, and accidents (i.e., electrical fires, fires caused by burning candles, gas fires, etc.). Unfortunately, all too often, home insurers delay and deny valid homeowner’s insurance claims.
At Schrier Law Group, we pride ourselves in fighting against high-powered insurance companies when they seek to deny valid claims. Contact us today to speak with a Florida homeowners insurance lawyer to discuss your insurance dispute.
Continue reading to learn more about Florida homeowners’ insurance claims.
Why Your Insurance May Deny Your Claim
You may pay premiums for your homeowner’s insurance, but that doesn’t mean the insurance company will be there for you when you need them. Generally, an insurer can deny claims for many reasons.
A few of the most common reasons they may deny your claim include:
- Your policy doesn’t cover the reasons for the damages
- You didn’t share important information about your home when you completed your application
- You failed to make timely payments on your policy, and it was canceled
- You did not meet all of the conditions to qualify for a claim
- You committed fraud when submitting your claim
It’s important to note that if your insurer denies your homeowner’s insurance claim, they must provide you with the specific reasons for the denial. If they do not, they may be acting in bad faith. In that case, it’s in your best interest to immediately contact a Florida homeowner’s insurance lawyer.
What Does Homeowners Insurance Coverage Look Like in Florida?
All types of homeowner’s insurance are not made equally. Generally, the level of protection your insurance offers depends on your specific plan. For instance, most basic homeowner’s insurance plans don’t cover property loss/damage caused by floods, mudslides, sinkhole damage, and other kinds of natural disasters.
Listed below are the most common homeowner’s insurance policies offered in Florida.
- Homeowner’s-1 (HO-1): The most restricted type of plan only covers limited causes of property damage like a wind damage claim, smoke damage, lightning, and theft. Many insurers in Florida no longer offer HO-1 plans.
- Homeowner’s-2 (HO-2): Less restrictive than HO-1, but still limited. HO-2 insurance policies cover basic damages in addition to damage caused by collapsed buildings, falling objects, damage to electrical wiring, and damages caused by vandals.
- Homeowner’s-3 (HO-3): Offers a more specialized approach to homeowner’s insurance. HO-3 policies cover most forms of property damage other than incidents your policy exclusively denies.
- Homeowner’s-5 (HO-5): Offer just about the same level of coverage as an HO-3 policy, but it also covers your personal possessions.
- Homeowner’s-8 (HO-8): HO-8 policies are about the same as HO-1, but they are exclusive to older homes. Insurers are more likely to offer HO-8 plans when it would cost more to replace the home than what it’s worth.
The first step in pursuing a homeowner’s insurance claim is to know what your policy covers and what it restricts. It’s important to note that your homeowner’s insurance policy doesn’t begin until you make your first deductible payment.
How Common are Insurance Claims?
Homeowner’s insurance claims happen all the time, and that’s especially true during an active hurricane season in Florida. With that in mind, take a look at a few facts about homeowner’s insurance claims below.
- Six percent of homeowners file an insurance claim every year
- One percent of insured homes that suffer wind or hail damage must file a claim every year
- Less than one percent of insured homeowner’s file claims for water damage each year
- Theft damage claims encompass less than one out of 250 annual claims
- Fire and lightning damage claims are made by one out of every 350 insured homeowners every year
- In rare cases (one out of every 750 insured homes), liability claims are pursued due to injuries or property damage committed by the policyholder or their loved ones.
Filing a property damage claim can be a complicated process that requires a proven Florida homeowner’s insurance lawyer’s in-depth knowledge, investigation, and experience. That’s especially true if your insurer denies a valid claim, makes a lowball offer or takes too long to payout.
Continue reading to learn more about when to hire a Florida homeowner’s insurance lawyer.
Do I Need a Lawyer for My Homeowner’s Insurance Claim?
Technically, no. You are not required to hire a Florida homeowner’s insurance lawyer to file a claim. However, under certain circumstances, it’s recommended that you consider hiring an attorney. They include but are not limited to:
- You aren’t happy with your claim settlement offer, and the insurance company isn’t budging
- You’re finding it difficult to negotiate a fair settlement offer with your insurer
- Your insurance claim is abnormally expensive or complex
- Your insurance provider is taking a long time to settle your claim
- You believe that your insurer unfairly denied your claim
- You suspect “bad faith” tactics by your insurance provider
Settlement disputes are common among homeowners’ insurance claims in Florida. Unfortunately, if they are not handled correctly, they can cost you a lot of time, money, and frustration.
With more than 30 years of litigation experience, Paul Schrier is our lead Florida homeowner’s insurance lawyer. Paul takes pride in fighting against multi-billion dollar insurers to help his clients get the compensation they are owed. Paul is confident that he can do the same for you.
Homeowner’s insurance claims denials can be devastating for anyone. The good news is that you don’t have to negotiate with your claims adjuster alone. Paul and his team of homeowner’s insurance attorneys are here to help you at each step of the process.
Don’t wait until it’s too late to fight a homeowners insurance claims denial. Contact the Schrier Law Group today for your free initial consultation. We work on contingency, so we don’t get paid unless we win your case.
Quadriplegic Accident Attorneys
No Fees Or Costs, Unless We Recover Money For Your Injury
Quadriplegia is a medical condition that is generally caused by some type of action that results in a spinal cord injury. According to BrainandSpinalCord.org, since 2005, more than 40 percent of spinal cord injuries have been caused by automobile accidents. Quadriplegia results in the complete loss of function of all four limbs. When caused by an automobile accident, the reasons can include:
- High speed accidents
- Seatbelt failures
- Automobile roof collapses
- Defects in a cars suspension system
- Separation of tire treads
- Rollover accidents
- Collapse of seat backs
None of these incidents happens randomly, someone is responsible for the injuries you have sustained that resulted in quadriplegia. When you are injured in an accident and the end result is quadriplegia, you need to work with a Florida quadriplegic accident attorney immediately.
Swimming Pool and Drowning Accident Lawyer in Florida
You need an advocate on your side when these types of accidents occur. A qualified pool injury and drowning attorney can give you hope during these tragic times. Consulting with an expert in this field can assist in addressing your legal matters resulting from a claim or lawsuit.
What to Expect in a Swimming Pool Injury or Drowning Claim
These types of accidents are very sensitive. Our pool injury and drowning attorney can provide an experienced and personalized approach to advocate on your behalf to get compensation from the individual or entity that was negligent in preventing the injury or drowning. Although the loss or serious injury of a loved one can never be fully compensated, having a resource to assist in getting action to prevent this occurrence from happening again is key.
Our team covers a variety of incidents in this area, including:
- Near pool accidents
- Beach accidents
- Cruise ship accidents
- Water park accidents
- Hotel pool or drownings
- Theme park accidents
- Swimming pool drain accidents
- Lifeguard negligence
- Boating accidents
- Water ski or jet ski accidents
- Summer camp drownings
- Hot tub injuries or drownings
- Pool injuries and drownings
Florida ranks very high among swimming pool use in the country. Although the state has a Residential Swimming Pool Safety Act in place, there is still a lack of safety features and attention to detail when individuals are in the water. Florida currently has the highest rate of drownings in children under 14 in the United States.
There are a number of injuries that can occur from the pool and water injuries, including:
- Brain damage
- Loss of limbs
- Loss of mobility
Property owners have a responsibility to maintain conditions that will hinder injuries. In Florida, pools and theme parks where water is a factor can be considered an “attractive nuisance”. This means that all precautions must be taken to install protective measures such as locks, barriers, and covers to keep individuals away from danger. Failure to follow these rules can result in a wrongful death lawsuit or a case where damages are being considered for negligence. A pool injury and drowning attorney can help bring these types of negligence to light.
The Florida Swimming Pool Accident & Drowning Attorney Solution
Each case is carefully reviewed to determine the facts, develop a claim, and prepare for an effective and strategic defense. In Florida, with so many bodies of water around, practicing water safety is important, but that does not negate responsible parties from liability. We work with our clients to seek the compensation due to them, and in certain cases, prosecution of the negligent parties. From the initial consultation, we assess every element of the case to decide whether the case has merit to pursue legal action. Once we have taken the case, we educate our clients on the damages that have resulted, and assess how much those damages are worth.
A pool injury and drowning attorney can help determine whether or not someone is liable for the injuries you or your loved one have sustained, and work to achieve a resolution and understanding of the implications involved. We are aggressive in our tactics, especially when a life is at stake. The team at the Schrier Law Group works tirelessly to make sure no stone is unturned and all the facts are presented to work on your behalf. We don’t just file cases; we win them! For more information on how we can assist, consult our team today!
Boating Accident Attorneys
According to the National Marine Manufacturers Association, there are more than 900,000 boats registered in Florida. Keep in mind, this number does not include jet skis and other watercrafts that are not required to be registered.
Accidents on Florida waterways number among the highest in the country, and the accepted school of thought is that this is because many boat operators simply do not understand the rules of the waterways. Victims of boating accidents will need to work with a Florida boat accident attorney in many cases to recover damages due to injuries or the death of a loved one.
When a Florida Boat Accident Attorney can help
It is often surprising to people to learn the various types of watercraft that can cause injuries or death or even result in someone completely disappearing due to being thrown from a vessel and tossed into the water. Fortunately, in most cases, people do not simply disappear, but the long-term consequences of a boating accident can be devastating.
If a victim of a boat accident is in the water too long, the individual can suffer hypothermia or may even suffer permanent brain damage as a result of a lack of oxygen. These types of issues can result in the lifelong need for medical care. This is why it is important to work with a Florida boat accident attorney after any type of watercraft accident.
What Types Of Actions Create the Potential For an Accident?
As with vehicles, there are recommended passenger loads for boats. When a watercraft is navigating large waves or other water-related hazards, if there are too many people on board, accidents can and do occur.
Just like land vehicle operators have an obligation to operate their motor vehicles at safe speeds, boaters have a similar obligation. Speed can cause problems if water conditions are bad or if there are water skiers on the waterways. In addition, too high a speed can result in an operator not seeing other watercraft such as jet skis, canoes and kayaks.
Unfortunately, just as with cars and trucks, sometimes there are failures in boat design. In these cases, it may be necessary to file a personal injury suit against the manufacturer, and your Florida boat accident attorney can help you with this process.
Contact a Lawyer Who Can Help
Boating accidents should never be taken lightly; the potential for serious injury due to propeller injuries and the potential for death are both very serious. When you or someone you love is injured in any type of watercraft accident, contact a Florida boating accident attorney at Schrier Law Group.
Our personal injury lawyers are committed to helping you recover financially after an accident, and we have the experience necessary to get the maximum verdict for all your personal injury-related accidents.
Schedule a Free Case Evaluation
Acting quickly and decisively is always your best course of action, when you have a serious legal issue. The caring team at Schrier Law Group will listen to the facts of your case, answer your questions, and offer suggestions and strategies to protect your rights and recover the highest possible dollar award settlement for your case. Best of all, you pay nothing, until we win your case. Contact us to schedule a free consultation.
Best Work Accident Lawyer in Florida
If you have been injured in a workplace accident, you are entitled to compensation from Florida workers’ compensation, regardless of who was at fault. If someone other than your employer (or someone who works for your employer) was responsible for the accident, you may have the right to recover additional compensation by filing a personal injury lawsuit.
The lawyers at Schrier Law Group are proud advocates of workers’ rights. You put in an honest day’s work; you deserve to receive the compensation to which you’re entitled if you’re injured on the job. We are committed to helping you get them.
Get the full compensation you deserve. Call us now for a free case evaluation.
Understanding Your Options After a Workplace Accident
An on-the-job injury leaves you with much more than physical pain. In addition to your injury, you have to worry about how you’re going to protect your livelihood. In some cases, workers even fear their employer will find a reason to eliminate their position.
The law in Florida requires most employers to carry workers’ compensation insurance. Regardless of whether your accident was your fault, you are entitled to these benefits. Unfortunately, workers’ compensation insurance companies don’t always treat injured workers fairly. If you have been denied benefits, or your benefits have been delayed, you need the help and skill of an experienced workers’ compensation team.
Workers’ compensation provides basic benefits such as free medical care and wage replacement. However, workersâ€™ compensation alone will not replace everything you have lost. For example, it only replaces up to two-thirds of your lost wages, and workers’ compensation does not pay anything for pain and suffering.
If your injury was caused by someone who doesn’t work for your employer, you may be entitled to compensation for all of your losses, including pain and suffering. These are known as “third-party” cases. Here are some examples:
- Car crashes
- Injuries caused byÂ defective products
- Accidents caused by negligent suppliers or contractors
- Injuries caused by unsafe conditions on a construction site
If Your Workers’ Compensation Benefits Have Been Denied
A denial of workers’ compensation benefits can be a devastating blow. When you’re injured and watching a stack of medical bills pile up, the last thing you need on your plate is a notice that you won’t be getting your workers’ compensation benefits after all.
The good news is you have the right to appeal the insurance company’s decision. Your chances of success are much higher if you work with an experienced workers’ compensation lawyer.
Get the Workers’ Compensation Benefits You Deserve
The workers’ compensation system was created to bridge the gap between a work-related injury and an employee’s return to work. In certain cases, workers’ compensation benefits permanently replace lost wages for workers whose injuries prevent them from ever rejoining the workforce. The lawyers at Schrier Law Group pursue all available workers’ compensation benefits, which may include:
Medical Payments: After a work-related injury, it doesn’t take long for the medical bills to start rolling in. Medical payments are designed to cover the cost of doctors’ visits, prescription medication, physical therapy, and other expenses.
Temporary disability: If your injury has sidelined you from your job, you may be entitled to money that covers your lost wages while you recover. These benefits are broken down into temporary partial disability and temporary total disability.
Permanent Disability: If your injury has left you permanently disabled, you may be eligible to receive either permanent partial disability or permanent total disability benefits. In certain circumstances, these benefits can continue for the rest of your life.
Death Benefits: Families who have lost a loved one in a work-related accident may be entitled to claim death benefits, which compensate family members for the loss of financial support previously provided by the deceased.
You have worked hard all your life. Let an experienced Florida workers’ compensation attorney work hard for you and your family. You are entitled to benefits. We will be by your side every step of the way to make sure you receive the compensation you need to maintain your lifestyle and cover the cost of your medical bills and other expenses.
Call Our Florida Workers’ Compensation Lawyer Today!
If you or someone you love has been injured in a work-related accident, call us now, or complete our contact form to talk with one of our attorneys.
We offer free work accident case evaluations.
Best Florida Medical Malpractice Attorney
Medical malpractice occurs when a patient suffers injuries due to negligent actions perpetrated by medical providers. Medical malpractice doesn’t encompass all types of mistakes made by medical professionals.
Rather, medical malpractice happens when a healthcare provider (i.e., doctor, nurse, hospital, etc.) does not meet the expected standard of care outlined in Florida statute § 766.102.
It’s sometimes okay to sacrifice service or accept mistakes, but not when it comes to healthcare. If you or your loved one has suffered injuries due to a medical provider’s failure to provide adequate service, you deserve justice.
Contact a Florida medical malpractice attorney today at Schrier Law Group at 1-800-700-PAUL for your free initial consultation. Continue reading to learn more about medical malpractice laws in Florida.
What Constitutes as Medical Malpractice?
Otherwise known as medical negligence, medical malpractice refers to negligence perpetrated by a medical professional that results in an injury to the patient. That can also include scenarios in which the medical provider fails to take medically necessary actions.
Generally, Medical Negligence Can Happen Anywhere that Medical Services are Rendered
- Nursing Homes and Assisted Living Facilities
- Outpatient Clinics
- Emergency Rooms
Regardless of where it happens, a breach of the medical standards of care can lead to a medical malpractice lawsuit. Continue reading to learn about the most common forms of medical malpractice in Florida.
Failure to Diagnose a Medical Condition
Failure to diagnose a medical condition is a leading cause of patient injuries and deaths. A medical professional may be guilty of neglect if they fail to diagnose an injury, disease, illness, etc., leading to worsened conditions or wrongful death.
Failure to diagnose can happen for many reasons, including faulty diagnostic equipment, misplaced medical files, improper training, overworked staff, etc. Generally, a patient must prove that any reasonably competent doctor would have otherwise appropriately diagnosed their medical issue under the same circumstances.
Misdiagnosis of a Medical Condition
Similar to failure to diagnose, misdiagnosis occurs when a physician improperly diagnoses a patient. For example, suppose a patient has a broken foot but the doctor improperly diagnoses them with a broken wrist. In that case, the physician may be guilty of unreasonable misdiagnosis.
A few of the most common ways a doctor can fail to meet medical standards of care when misdiagnosing a patient can include:
- Failure to include essential information about a potential condition registering on the initial differential diagnosis list
- Failure to correctly interpret or conduct a diagnostic test
- Failure to recognize the urgency of a potential health problem
Delaying a Medical Diagnosis
Medical providers must adhere to the healthcare communities standard of care when diagnosing a patient. That means that they must use the right diagnostic tools (i.e., blood tests, EKGs, MRIs, etc.) and deliver prompt treatment when necessary. Failure to reasonably diagnose a condition like cancer can lead to serious health conditions and even death.
Post-op care refers to the medical care you receive after surgery. That means that physicians must uphold their medical duty of care even after the surgery is completed.
If they neglect to properly monitor patients post-surgery, they may be liable for medical malpractice if injuries occur. Generally, the most common post-op concerns include infections, blood clots, and allergic reactions.
Surgical errors happen all too often. They can occur due to incompetence, lack of appropriate staffing, tiredness, impairment, medication errors, and more. The most common types of surgery mistakes in Florida include:
- Infections caused by unsanitized or contaminated equipment
- Pre-operative mistakes
- Cutting or puncturing vital organs or another part of the body
- Errors in anesthesia administration
- Unnecessary surgical procedures
- Surgical instruments left inside of a patient’s body
Medication errors are most likely to occur at nursing homes and assisted living facilities. However, they also happen at hospitals and outpatient clinics.
Administering the wrong medication or failure to administer any medication can lead to devastating consequences for patients. Some of the most common medication errors in Florida include:
- Prescribing the wrong medication
- Administering the wrong medications or dosage
- Failure to take into consideration a patient’s medical history before prescribing
- Prescribing medications that should not be mixed
- Failure to provide patients with needed medications
- Improper preparation of the medicine by a pharmacist
Nursing Home Errors
Nurses and physicians working in nursing homes and assisted living facilities owe their patients the same duty of care as other medical providers. With that in mind, many Florida nursing homes are understaffed and overpopulated, leading to higher instances of medical malpractice.
Common examples of malpractice in nursing homes include:
- Failure to document a patient’s medical history
- Failure to meet medical standards of care
- Not using medical equipment appropriately or in the right circumstances
- Lack of adequate patient monitoring and supervision
- Failure to give patients the right prescription
Medical malpractice insurance for anesthesiologists is notoriously expensive. That’s because anesthesia errors are a leading cause of injuries and death in the medical industry. With that in mind, some of the most common anesthesia mistakes include:
- Failure to review a patient’s medical history before administering anesthesia
- Improperly placed endotracheal tubes
- Too much or too little anesthesia
- Lack of patient monitoring
- Faulty or turned-off monitoring equipment
- The patient becomes aware of surgery while under anesthesia
Misreading Scans, MRIs, Ultrasounds, Etc.
Misreading diagnostic tools can lead to severe consequences like misdiagnosis, improper diagnosis, surgical mistakes, and more. When a doctor misreads a scan, MRI, ultrasound, etc., it’s more likely to result in patient injuries and death.
Emergency Room Mistakes
It’s important to note that under most circumstances, ambulance staff is immune from medical malpractice laws. However, that immunity does not apply to the emergency room at the hospital. In many cases, overcrowded and chaotic emergency rooms lead to mistakes that medical providers would not otherwise commit.
Birth injuries refer to physical injuries suffered by a newborn child that occur during pregnancy or in the process of giving birth. Unfortunately, many birth injuries are caused by medical negligence. Examples of conditions resulting from birth injuries include:
- Brain swelling
- Cerebral Palsy or Erb’s Palsy
- Bone breaks and skull fractures
- Brain or spinal cord damage
What Do I Need to Prove Medical Malpractice?
If you’re injured due to negligent medical care providers, you may be eligible to file a medical malpractice lawsuit in Florida. However, it should be noted that winning a medical malpractice suit is rarely easy.
Your Attorney Must Prove the Following Elements for a Successful Malpractice Suit
Proof of a Doctor-Patient Relationship
The first step is to prove that you have an official doctor-patient relationship with the negligent healthcare provider.
The Medical Provider or Facility Breached the Standard of Care
You and your Florida medical malpractice lawyer must show convincing evidence that the accused healthcare provider breached the standard of care. Under the Florida Malpractice Act, you must enlist the help of a medical expert to prove your claims.
The Physician’s Negligence Was the “Proximate” Cause of the Injuries or Wrongful Death
Further, you must show that the physician’s negligence was the “proximate cause” of your injuries. Essentially, there must be proof that your injuries occurred as a result of the doctor’s negligence.
You or Your Loved One Suffered Significant Harm Due to the Doctor’s Negligence
Lastly, you and your Florida medical malpractice attorney must prove that you suffered serious harm as a result of your doctor’s negligent acts.
It’s important to remember that there is a time limit to file medical malpractice claims. The statute of limitations for malpractice lawsuits is two years in Florida. That means that if you fail to initiate a malpractice claim within the time limit, you may not be eligible to pursue damages.
In most cases, the clock to file a malpractice suit starts two years after the date of the injury.
Florida’s Three Strikes Law
Florida has some of the strictest medical malpractice laws in the nation. Under Florida law, any physician who has three medical malpractice judgments on their record is banned from practicing medicine in the state for life.
With that in mind, medical malpractice insurers and physicians are more likely to quickly settle a strong malpractice claim than they are to fight it. However, it often requires the skill, experience, and savvy of a Florida medical malpractice lawyer to present a viable claim.
Schrier Law Group’s Medical Malpractice Attorneys
The best Florida medical malpractice attorney for your case must have an in-depth understanding of Florida medical malpractice laws, tendencies of certain medical institutions to settle, and strong connections with well-respected medical experts.
At Schrier Law Group, our attorneys don’t back down from anyone. We keep fighting for our clients until they receive the compensation they deserve.
If you’ve suffered injuries due to the negligence of a physician or healthcare entity, you may be eligible to recover certain damages for the following:
- Medical bills
- Loss of enjoyment
- Loss of consortium
- Decreased or lost income
- Inability to earn an income
- Pain and suffering
- Cost of rehabilitation
- Long-term medical costs
Don’t wait until it’s too late to file a medical malpractice claim in Florida. Contact Schrier Law Group today for your free, initial consultation.
Negligent Security Attorneys
Whether you are visiting a friend at an apartment complex, attending a concert, filling your car with fuel or attempting a withdrawal at an ATM machine, you have the right to expect to be safe. The owners of these facilities have an obligation to ensure that people who are visiting are kept safe. Unfortunately, this is not always the case as was demonstrated in a recent case involving two people who were shot at a local apartment complex. While both victims recovered, this was may have been a case of inadequate security.
What is Negligent Security?
When someone attends an event they have an expectation they may enter a facility, leave a facility and get to their vehicle without incident. Unfortunately, this is not always what happens. We have heard of a number of incidents that can occur on other’s premises including:
- Assault or Assault and Battery: Muggings in dark areas of the parking lot because a company failed to provide proper lighting may be considered an incident that occurred as a result of inadequate security.
- Rape and Sexual Assault: Too often, when a property is poorly lit or has no security cameras, the property may be ideal for a sexual predator. Unfortunately, rape and sexual assaults can occur leaving victims with life-long problems.
- Gun Crimes: Properties in high-crime areas should be adequately protected with security guards, locked entryways or onsite cameras. In some instances, serious injuries and even death can occur in an area that is not well-secured.
When are Property Owners Liable for Security?
When you are a guest on a property of any type, you are considered to be there for legal purposes. You have an expectation of safety and the property owner may be liable for your safety if you are injured or if you lose a loved one because the property owner did not have appropriate security measures in place to ensure the safety of visitors. For example, if a property owner has knowledge their property is in an area that has high crime statistics, if there were incidents of robbery or assault on the property in the past and they failed to make security changes, they may be held liable.
What Types of Damages Can Property Owners Be Liable For?
If you are injured because of inadequate security you may be entitled to compensation for medical bills, pain and suffering as well as lost wages. At the Schrier Law Group, we can help you to get compensation for these damages, as well as psychological and emotional trauma, immediate and future medical care, or rehabilitative care. We have more than 60 years of experience fighting for the rights of victims.
Work with an experienced Florida inadequate security attorney. We will take all the necessary steps to prove your case including obtaining witness statements, police reports, and your medical reports. We have experienced assistants, investigators, and experts who will investigate your case thoroughly to ensure we can get you the compensation you deserve. When you are injured or you lose a loved one because a facility had inadequate security, contact the negligent security lawyers at Schrier Law Group today, at 800-700-7285. We will fight hard to get justice for you and your family.