Personal Injury and Wrongful Death
Money can never adequately compensate for the loss of life or good health. But if you are injured or have lost a loved one in an accident, you deserve the full measure of compensation allowed by law. We have been very successful in helping our clients achieve fair compensation for their losses and injuries. Read some of our case summaries below.
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Compensation for Damages
Florida law allows for compensation for “economic” as well as “non-economic” damages in personal injury cases:
Medical Expenses From Date of Accident
Future Anticipated Medical and Surgical Expenses
Lost Earnings From Date of Accident
Future Lost Earnings and Earning Capacity
Lost Capacity for Enjoyment of Life
Past and Future Pain and Suffering.
Damages in wrongful death cases are complex and need to be analyzed by a qualified attorney on a case-by-case basis. Generally, damages may be awarded both to the estate of the decedent and to the “survivors” of the decedent as defined by Florida law. These may include both “economic” damages such as loss of support and future earnings, last expenses, etc., and, in certain cases, “non-economic” damages, such as mental pain and suffering and loss of support and companionship. We would be happy to discuss these issues with you at any time.
You should note the following:
All cases have a limitations period, beyond which all recovery is barred. Generally, this will be four (4) years from the date of an accident in a negligence case; two (2) years in a malpractice-type case; and two (2) years from the date of death in a wrongful death case. In any case or situation you should immediately consult a qualified attorney for the exact limitations period or periods applicable to your case.
Florida is a “no-fault” state in automobile cases, where your PIP (personal injury protection) benefits in your own insurance policy cover initial medical expenses. Recovery of additional damages from the person or persons at fault generally requires a showing that some “permanent” injury has been sustained. This will be determined by your doctor after treatment.
A wife and mother of two children was proceeding home on I-4 on a clear day at about 10 a.m., when she felt a “bump” on the left side of her van, and then, without warning, lost control of the vehicle, wherein the vehicle spun and rolled on the shoulder and roadside. She sustained a broken neck and was left a quadriplegic for the rest of her life.
After suit and investigation, it was determined that the “bump” she felt was from an overtaking vehicle, likely speeding, and that the vehicle manufacturer of her van had done testing on the strength of the roof upon roll-over at moderate speeds, and knew or should have known that the roof would likely collapse.
The client recovered damages from the other driver and the vehicle manufacturer.
The husband and father of a young child was pulled through an elevator shaft while sand-blasting a missile silo at Cape Canaveral. The elevator design did not meet generally accepted safety standards.
The wife and child recovered substantial damages from the defense contractor operating the site.
A retired, highly decorated Army officer and his wife of 40 years, and her sister, all of them parents and grandparents, were traveling south on the Florida Turnpike, when their vehicle was rear-ended by a speeding tractor-trailer, ejecting them from the vehicle and causing their instant deaths.
Damages were recovered by the decedents’ estates and survivors from the owner of the tractor-trailer and several insurance companies.
A retired physician’s vehicle flipped and rolled after being rear-ended, causing a fracture of the second cerebral vertebrae of his neck and permanent partial paralysis.
The client recovered substantial compensation from the insurance agency for the driver’s employer.
A small child suffered a fractured skull when an inattentive daycare worker permitted him to fall to a concrete floor.
A structured settlement was achieved during the lawsuit, providing substantial benefits for the child.
A sister and brother were injured at a local theme park. The sister was assisting her handicapped brother in exiting a ride when, without warning, the ride was accidentally restarted. The sister suffered a fractured vertebrae from being pulled under the ride and the brother suffered orthopedic injuries to his legs and arm. Both received significant compensation in a settlement with the theme park company.
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