Friedland | Carmona

Personal Injury Overview

If you are injured as a result of someone else’s actions, you may be able to recover damages in a personal injury lawsuit. In most cases, personal injury lawsuits in Florida are brought under a theory of negligence. Negligence requires proof that a duty of care was owed, a breach of the duty of care occurred, causation connected the breach to the accident, and the victim sustained damages. In other words, the defendant must have failed to act safely, and this must have caused the accident in which you were injured. Even if you were partly at fault for an accident, our Miami personal injury attorneys can help you recover compensation that is proportionate to the defendant’s fault.

Car Accidents

Car accidents can happen for many different reasons. Probably the most common reason is negligent driving. A driver owes a reasonable duty of care to others with whom they share the road. That duty can be breached through behaviors such as speeding, texting while driving and other forms of distracted driving, weaving through traffic, failing to obey traffic signs and signals, or drunk driving. Sometimes there are multiple reasons for a car accident, and the roles of other parties should be examined. For example, a car accident can result in part from car manufacturing defects, which means that the victim can sue the manufacturer.

Truck Accidents

Injuries arising out of truck accidents can be catastrophic or fatal. Truck accidents can result from a truck driver’s fatigue, speeding, drunk driving, excessive use of prescription drugs, wide turns, or inadequate braking. Interstate truck drivers must follow detailed regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA). These regulations have been put in place to make the roads safer. A failure of a truck driver or trucking company to follow these regulations can offer strong evidence of liability. Other potentially responsible parties in a truck accident include the trucking company and the truck manufacturer. Our personal injury lawyers can help Miami residents and other victims bring all of the appropriate parties into the case.

Motorcycle Accidents

Many people in Florida love to ride motorcycles. However, drivers of larger vehicles may not see a motorcyclist or may be distracted. A motorcycle accident can have devastating consequences for a motorcyclist and yet leave the driver of a larger vehicle unharmed. Injuries to motorcyclists can include brain damage, paralysis, and spinal cord damage, as well as broken bones, disfigurement, road rash, and lacerations. Insurance adjustors may be reluctant to negotiate fairly with a motorcyclist, arguing that they were partly responsible for the crash. This makes it especially critical to retain an aggressive attorney to fight for you.

Premises Liability (Slip / Trip and Falls)

If you slip or trip and fall due to a dangerous property condition on someone else’s property, you may be able to pursue damages under a theory of premises liability. Property owners are supposed to keep their property reasonably safe for visitors. Dangerous property conditions that can cause harm include slippery substances on the floor, broken rails, bad lighting, broken steps, uneven surfaces, and cracks in the sidewalk. If you slipped and fell on a transitory foreign substance in a business, our Miami personal injury lawyers will need to show that it is more likely than not that the business had actual or constructive knowledge of the dangerous condition, and it should have taken steps to fix it. For example, we may need to show that the dangerous condition was there for so long that the business should have known about it, if it were using reasonable care.

Homeowners and Storm Insurance Claims

If you live in Florida, you may have insurance in place to protect your home. However, not all basic homeowners’ insurance policies cover the damage inflicted by certain storms, such as hurricanes. The policy language will determine whether you have a basis to make a claim if your home is damaged due to a storm or another reason. The policy language will also determine which restrictions are in place related to the coverage provided. There are situations in which insurance companies deny payment of claims in bad faith. In those situations, insurers may be sued for damages that exceed the policy limit.

Negligent Security

Negligent security is one type of premises liability lawsuit. Property owners are supposed to keep their premises reasonably safe against foreseeable dangers, and under certain circumstances, they can be held responsible even for third-party attacks through a negligent security lawsuit. Crimes related to negligent security can include rape, murder, and battery. For example, if a restaurant has inadequate lighting in a stairwell or parking lot, and a woman is assaulted one night as a result, it may be possible to recover damages. A plaintiff must be able to show that they were injured by a third party on the defendant’s property, and the defendant did not behave with reasonable care because the injuries were legally foreseeable.

Wrongful Death

Losing a loved one due to another party’s actions can be very challenging for family members on both emotional and financial levels. Under Florida Statutes section 768.19, you will need to establish that a death was a result of a wrongful act, neglect, or default. The decedent’s estate can bring a civil lawsuit seeking damages against the party at fault for the death. This civil lawsuit is separate and distinct from any criminal charges that may be filed for homicide. Even if a criminal case is unsuccessful, in other words, it may be possible to recover damages in a civil lawsuit because the burden of proof is lower in civil cases.

Consult an Experienced Personal Injury Attorney in the Miami Area

If you were injured in an accident in South Florida, you should retain a skillful attorney to assert your rights. From our office in Coral Gables, Friedland Carmona represents people in Miami, Fort Lauderdale, West Palm Beach, and other cities throughout Miami-Dade, Broward, and Palm Beach Counties. Call us at 305-661-2008 or use our online form to set up a free consultation. You do not pay us anything unless we get compensation for you.