An injury is legally defined as any wrong or damage done to another, either to his person, his rights, his reputation or his property. Every person has the right to expect that others will not injure him or her through an intentional or negligent act. An example of an intentional action is battery, which occurs when one person applies unlawful force to the person of another.

However, most personal injuries occur from negligent conduct rather than intentional conduct. Negligence has been defined legally as the breach of a duty to use reasonable care which results in injury to another. Negligence is unintentional but often it can be equally or even more harmful than intentional conduct.. An example of negligence is a driver who rear-ends another’s vehicle, causing him or her injury.

In Florida and all other states of the United States, a person has a right to be compensated for personal injuries received due to the negligence or intentional conduct of another. There are exceptions to this rule.

For example, a person injured on the job usually cannot sue her employer but must apply for benefits under the workers’ compensation laws. In Florida automobile cases, one must receive a permanent injury to recover money for pain and suffering. In most other cases, a person can successfully recover a judgment for money damages if another negligently or intentionally injured him or her.

There is a time limit on bringing a claim for personal injury in Florida. In most cases the claim must be filed in court within four years from the date of the incident. For medical malpractice, the time is shortened to two years from the date of the incident or four years maximum from the date the conduct creating the injury was discovered, or should have been discovered.

A person who is injured by wrongful conduct of another is entitled to recover for past and future medical bills, lost wages, pain and suffering and inconvenience. If that person is married his or her spouse is entitled to recover money damages for loss of consortium, which means loss of services such as cooking, cleaning, sexual relations, etc.

Most personal injury attorneys will take a case on a contingency basis, which means the attorney will not ask for a retainer but will be paid a percentage of any recovery that is obtained. If the attorney does not win a settlement or judgment for his client, or if he wins a judgment but the defendant has no money or insurance, then the attorney does not get paid.

As with most legal actions, the client is responsible for paying costs whether he prevails or not. Costs include such things as postage, copying, long distance calls, copies of medical records, depositions, filing fees, etc. The amount of costs can vary widely from case to case, so it is best to speak with an attorney to get a good idea of what costs may be.

Pursuing a personal injury claim involves many considerations. Hopefully, this has answered a few of your general questions. We at Staack, Simms & Hernandez thank you for visiting our website. Please phone, write or e-mail if we can be of any further service to you.

Being involved in an auto accident can be a traumatic event, both physically and emotionally. Knowing what to do will greatly help to reduce the stress of the situation, as well as help to preserve your legal rights.

If you are involved in an accident, first check to see that no one is injured. If someone is injured, find a phone and dial 911 immediately to summon help. Contrary to popular belief, you should not leave your automobile in the roadway. In fact, Florida law requires that you move your vehicle out of the way of traffic if it is driveable. Don’t worry about this, a good police officer can tell who was at fault by checking damage to the vehicles, skid marks, speed limits, and other indicators.

After you’ve moved your vehicles out of the way be sure to ask to see the other driver’s license, proof of insurance and registration. Write this information down. If the other driver has no identification, call the local police. If the damage to any vehicle is more than a few hundred dollars, call the police. Be wary of any driver who doesn’t want to get the police involved and offers to pay for your auto repair out of his or her own pocket.

If you have any injury whatsoever, including neck, shoulder or back pain, or any cuts or bruises or trauma to the face or head, go to the nearest emergency facility at once. If you are pregnant, go to an emergency facility regardless of what your injuries seem to be.

When the police arrive, calmly answer their questions. Do not make any statements as to your opinion of who was at fault. Resist the urge to make disparaging remarks about the other driver.

After you have received medical attention, contact your insurance company whether the accident was your fault or not. Florida is a no-fault state, which means that each person’s insurance covers his or her own medical bills up to ten thousand dollars. Therefore, you must contact your insurance company so they can set up a claim. They cannot raise your rates because you file for medical benefits. These benefits are covered by what is called Personal Injury Protection, better known as PIP.

Unlike medical bills, property damage to the vehicles is paid by the person who caused the accident. If the other party was at fault, his insurance will pay for the damage to your car. Occasionally your company will initially pay for the repairs and then bill the other driver’s insurance. This is done for the sake of expediency and to get your car back on the road quickly. Legally it is known as subrogation.

If your car is damaged but driveable, do not take it to the shop until you either have a check for the repairs or you have the OK from your insurance company. Otherwise you could find yourself paying for a rental car out of your own pocket if the repair takes too long. In general, if the other driver is at fault he must pay for your rental car for a reasonable period while your car is being repaired.

If you are injured in the accident you should seek the advice of an attorney to discuss your rights. Generally speaking, if you receive any permanent injury you have the right to receive compensation for your pain and suffering, lost wages, future medical bills, disfigurement, disability and inconvenience. If you are married your spouse may be compensated for the loss of your services. These are paid by the other driver’s insurance if he was at fault. If he has no insurance - and many Florida drivers do not - these damages are paid by your own company if you have uninsured motorists coverage. Since as many as one third of all Florida drivers have no auto insurance, it is important to ask your agent for uninsured motorists coverage.

Remember, do not panic if you’re involved in a motor vehicle accident. Call 911 if anyone is hurt, ask to see the other driver’s license, proof of insurance and registration, and move your car from the roadway. Seek medical attention if you are injured. Seek legal advice if you have any questions about your rights. Hopefully, this has answered a few of your general questions. We at Staack, Simms & Hernandez thank you for visiting our website. Please phone, write or e-mail if we can be of any further service to you.

Many people are injured each year in slip and fall accidents, especially here in Florida where we have a substantial population of elderly people. But anyone can slip and fall, old and young alike; whether it be on a wet floor in a grocery store or on an unlit, dark stairway in a restaurant.

Slip and fall calamities can range anywhere from slight bruises to major injuries to the limbs, hips, back, neck or head. Often these injuries occur on hard concrete floors that are commonly found in institutions and large businesses such as grocery stores, restaurants, hospitals, and malls.

If a person slips and falls at someone’s home, such as on their porch or sidewalk, their homeowner’s insurance will usually pay for the medical bills. This is generally covered by the medical payments portion of the policy, and does not require a showing of negligence. However, if one is to recover for pain and suffering as well, there must be proof of negligence. This is true whether the injury occurred at a private home or a public business.

Generally, to prove negligence the injured party must show that the condition of the premises which caused the fall must have been known to the owner of the premises or should have been known had due care been used. It is no surprise to find that slip and fall cases in supermarkets often rest on whether the banana peel was clean or dirty, or whether the puddle of water was clear or had tracks running through it from shopping carts. In the latter cases, dirty banana peels that have been walked on or water that has had carts driven through it may indicate the owner had time to discover and eliminate the hazard.

If you are hurt in a slip and fall accident it is best to seek the advice of an attorney. Hopefully, this has answered a few of your general questions. We at Staack, Simms & Hernandez thank you for visiting our website. Please phone, write or e-mail if we can be of any further service to you.