In Florida, if you have been injured in a car crash, you are entitled to recover money damages for pain and suffering for the full extent of your loss. This includes economic damages such as medical bills in the past and future, as well as loss of income in the past and future. You can also recover compensation for intangible damages including, your physical pain, emotional pain, and suffering. In addition, you are entitled to compensation if you suffer any permanent scarring or loss or impairment of any important bodily function.
Most truck accidents involve an employer who owns the truck and an employee driving that vehicle. When a driver uses a truck in the course or scope of his employment, the employer is legally responsible for any damages caused by the careless operation of the vehicle’s operator. In addition, in Florida, an injured person to hold the employer responsible for negligent hiring, negligent retention, and negligent supervision of an employee driver.
Under Florida law, a motorcycle is excluded from the no-fault insurance law, meaning the driver of a motor vehicle that hits a motorcycle does not have the defenses available under the Florida auto no-fault law. In many cases, the victim of the motorcycle crash can recover money damages from the at-fault driver without having to prove that they are permanently injured.
When a person is injured in a bicycle accident, the law in Floridais very specific when it comes to responsibility in a car-bike collision. The careless driver of a motor vehicle is legally responsible for any damages, physical, emotional, and economic, caused to the bike rider. In Florida, drivers of cars and trucks have a duty to observe their surroundings at all times. When they fail to do so, and strike a bike rider, they will be liable for any losses, both personal and economic, suffered by that rider.
A major concern of many people is that taxi drivers operate their vehicles in a fast and negligent fashion. One thing we investigate is the background of the taxi driver to determine if they have a significant amount of driving infractions or possible criminal offenses. This can make it very difficult for the insurance company to defend their case and can significantly affect the value of your claim for damages.
Drunk Driver Accident
Floridalaw provides that a drunk driver can be punished for operating a motor vehicle when their normal faculties are impaired and provides that money damages can be awarded to punish this reckless behavior. By presenting competent evidence of a DUI, insurance companies are more prone to pay significantly higher settlements than in a motor vehicle accident that does not involve a driver under the influence.
If you or a loved on is injured on the job you should contact a lawyer immediately. Floridaworkers’ compensation laws are very complex and have been interpreted over the years by numerous court rulings. You could end up damaging your case without realizing it by not hiring a competent attorney. Without proper representation, your claim being denied, even though you may be unable to return to work due to your injuries.
Nursing Home Neglect & Abuse
In many cases, when a resident of a nursing home is injured, the owner and proprietor of the facility may be held liable for any negligence that has occurred resulting in the improper care and injury of its residents. In such cases of negligence, there are a number of items that must be proven for the courts to assign fault. It must be proven that a breach of a duty in caring for a resident has occurred. It must be shown that the resident was injured directly or indirectly as a result of this breach of duty, and that the direct breach of duty caused injury. In the event of a nursing home resident’s death where the death can be directly attributed to negligence, it is not required to prove that the resident would have survived beyond the injury if the act of negligence had not occurred.
There have been an alarming number of reports regarding the frequent mistreatment of the elderly in nursing homes. Recently, the mistreatment of residents in nursing homes has come to the attention of the general public and lawmakers. Among the more infamous report include cases in which elderly nursing home residents have been physically abused, deprived of proper nutrition and dietary requirements and even been neglected when it came a nursing homes obligation to provide for proper medical attention. In the most extreme cases, residents of nursing homes have been divested of their life savings by the nursing home staff, proprietors and even relatives. Mr. Kennedy’s most recent nursing home case he was a part of resulted in multi-million dollar settlement.
Doctors, hospitals, and other medical providers have a duty to exercise a level of care that is standard for other healthcare providers in the community. Failure to do so will constitute medical malpractice. Examples of malpractice include failure to diagnose, surgical errors, anesthesia errors, and birth injuries.
Businesses want you to come onto their property and spend money. However, in Florida, they also have a duty to make sure you are safe from foreseeable criminal acts that can injure you. The owner of a store, shopping center or other property has a duty to protect guests from foreseeable criminal acts. Criminal acts may include robbery, shootings, assault, purse snatching, rape, or other incidents that cause emotional injuries, physical injuries, or death to a person legally on the premises. In addition, Florida law requires the owner of a business establishment to be aware of prior crime in the area through newspaper reports and by studying information in county records. When an area has significant criminal activity, the owner of the establishment has a legal duty to provide security to protect guests.
In some cases, it is required that a security guard be provided to deter someone who might want to rob or assault customers at that business. It is not required that a security guard be able to stop a crime from occurring. The amount of security required to deter crime depends on the history of crime in the area and the physical layout of the property. Other security measures may include cameras, warning signs, off-duty police officers, and improved lighting. Sometimes one security guard was just not enough! Mr. Kennedy will hire a security expert to testify about the amount of security should have been provided. Let Mr. Kennedy help you pursue the maximum compensation available for your injuries or loss due to a criminal act.
Wrongful death can occur as a result of many different kinds of negligent acts. Death can result due to negligent property conditions, negligent security, or though careless operation of a motor vehicle for instance. Florida laws provide a strict set of rules about who is entitled to money damages in a wrongful death case. Contact Mr. Kennedy to find out if you have a wrongful death claim.
Swimming Pool Injuries & Drownings
Swimming pool injuries and drowning are often the result of some form of negligence on the part of the landowner. Each specific case needs to be analyzed carefully by an experienced lawyer to determine the victim's or survivors' rights to compensation. Let Mr. Kennedy evaluate your case to determine your rights.
Slip & Fall
Property owners, whether they are homeowners or business owners, have a duty in the state of Florida to keep their premises in reasonably safe condition to prevent visitors from being injured in slip and fall accidents. In any kind of premises liability case, it is important to contact a lawyer as soon as possible to investigate quickly and preserve evidence.
In Florida, the owner of a dog is strictly liable for injuries their dog causes to you. Provocation is a defense the owner of the dog can raise. However, if you did not provoke the animal, your lawyer does not have to prove negligence on the part of the dog's owner. The only question is how much money you should be awarded for your injury or loss.