Visiting a hotel is often about relaxation and enjoyment. The last thing you expect while at a hotel is to sustain an injury that interrupts your trip or creates lots of life-complications. While hotels strive to offer a safe and welcoming environment, accidents and negligence can and do happen. Understanding your rights and the steps you must take is critical if you’re injured at a hotel in Ocala, Florida. A premises liability attorney can work with you during an incident’s aftermath to ensure that you are well-represented in any legal proceedings.
Visiting a hotel should offer you a sense of comfort and leisure. Unfortunately, hotels are not immune to accidents that can disrupt your stay and potentially lead to injuries. These injuries can be wide-ranging, such as an elevator accident, burn injury, or a slip and fall accident. Swimming pool injuries and other non-fatal injuries can also happen. Understanding the various risks can help you stay prepared, while also educating you of your legal options in any premises liability case.
Slip and fall accidents are the most frequently occurring injuries to occur but can happen just about anywhere on hotel properties. Common examples include:
A simple fall may result in a sprained ankle, broken bones, or even a severe head injury. Injuries from a slip and fall accident could lead to mounting medical bills, ongoing physical therapy, or a permanent disability that alters your life.
Swimming pools offer relaxation and fun but also come with their own set of risks. Inadequate safety measures can result in swimming pool injuries, whether missing lifeguards, improper fencing, or unclear warning signs. These consequences can range from minor cuts and bruises to more severe issues such as fractures or drowning. Regardless of the severity, these injuries often require medical intervention that sometimes involve long-term treatment.
Burn injuries are less common but can still happen at a hotel and lead to permanent disability. These injuries typically occur in bathrooms due to scalding hot water. Faulty wiring can also cause severe electrical burns. These injuries can be harrowing, and often require prompt medical treatment. Recovery may also involve extensive rehabilitation, which may result in permanent scarring or disfigurement.
Elevators are in nearly every modern multi-level hotel, but they often have glitches too. Malfunctions such as sudden stops, faulty doors, or electrical issues can lead to elevator accidents. Such accidents can result in mild to severe injuries, including sprained ligaments, fractures, and even emotional trauma. Immediate medical attention is often necessary; a lengthy recovery process usually follows.
If you suffer an injury at a hotel, immediate action is crucial. The first step is to seek medical attention to evaluate and treat your injuries. Notify hotel management about the incident and document it formally. It’s essential to capture photographs of the accident scene and any factors that might have contributed to the injury. Keep all medical records and receipts. It’s also wise to consult a premises liability attorney to explore potential avenues for compensation.
Here is a more detailed overview of the steps to take if you are injured at a hotel in Ocala, Florida.
Your health, in any situation, should always be your primary concern. Obtain medical help as soon as any injury occurs. Hotel staff should be equipped to assist you in obtaining urgent medical care. Delays in treatment can exacerbate your condition and impact your legal claims.
Once you’ve received initial medical care, capturing the scene where the injury happened is essential. Use your phone or get someone else to take pictures or videos that showcase the unsafe conditions that you believe led to your accident. Proper documentation is invaluable and typically strengthens a premises liability case against the hotel.
If there are any witnesses to your accident, their accounts can be beneficial. If possible, gather their names, contact information, and immediate impressions or statements. Witnesses can add credibility to your claim and tip the scales in your favor during a premises liability case.
After the initial steps are taken, such as receiving medical attention and gathering photos/witness information, contacting an attorney who is experienced in premises liability is usually recommended. An experienced lawyer can help you understand the legal details of hotel negligence claims and outline the best course of action. Whether gathering further evidence or negotiating with insurance companies, an attorney is your advocate throughout the process.
Your premises liability attorney will guide you through every step of the way. Legal professionals will typically offer expert advice as well as representation for your case. Hotel negligence settlements can be wide-ranging, since these cases are greatly influenced by factors such as the severity of injuries, cost of medical treatment, and emotional suffering. Your attorney’s skill in effectively presenting your case could be the key to receiving rightful compensation.
Going to a hotel should be a positive experience by giving you a break from your typical daily routine. Yet, the reality is that accidents happen. Knowing your legal rights is power, and understanding your options can significantly influence your physical and emotional recovery. An experienced premises liability attorney in Ocala, Florida, can help you through legal jargon and the workings of the legal system, to ensure that you’re well-represented and fairly compensated.
Time is of the essence if you or someone close to you has experienced an injury at a hotel in Ocala, Florida. Unfortunately, legal procedures can be time-consuming and complex. Securing legal representation early on can make a big difference in the outcome of your case, especially if a life-changing event such as a permanent disability is involved.
Briggs Law Firm is well-versed in premises liability cases. Give us a call today if you are in need of a premises liability attorney!
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]]>Rideshare companies make it easy to travel from one place to another, whether using a taxi, Uber, or Lyft. However, as more people turn to these services, the number of accidents involving these vehicles has also increased. Knowing your legal rights and who is liable is essential if you are ever involved in an incident with a rideshare or taxi service.
Liability is often a top concern after a rideshare accident. Depending on the circumstances, various entities could be liable, such as the rideshare driver, the rideshare company, or even other motorists involved in the incident. In some instances, multiple parties could share liability. A personal injury attorney will work on your behalf to help you decide on the best legal action.
Accidents involving rideshare vehicles can happen in quite a few ways. For example, fender benders or minor accidents can still result in claims for personal injuries or property damage. On the other hand, high-speed collisions are often more serious and can lead to more substantial personal injury claims. Accidents can also occur during the time of pick-up or drop-off, as drivers may be more distracted.
Rideshare companies, such as Uber and Lyft, generally offer liability coverage that activates under specific circumstances. However, there can be gaps in this coverage that leave drivers or passengers exposed. Understanding the nuances of insurance for Uber and Lyft drivers, as well as third-party car insurance claims is critical. These factors can often determine the amount and type of insurance compensation for accident claims.
Passengers are the most vulnerable parties in any rideshare vehicle. Injuries to passengers can range from minor cuts and bruises to severe physical trauma such as spinal cord or brain injuries. The accident severity level can significantly dictate the course of a personal injury lawsuit. Accurately documenting all medical treatments and diagnoses is vital if you’re involved in a taxi or rideshare accident.
Other motorists sharing the road are also at risk if an accident occurs. If you’re a motorist who’s involved in an accident with a rideshare vehicle, the process for accident claims can be just as complicated as for passengers and often involves a complex process of dealing with multiple insurance companies and possibly even litigation proceedings. Knowing your rights and obligations is crucial in these situations.
Sexual assault cases related to rideshare services are unfortunately becoming more common. These are serious events that demand immediate action. Both the rideshare companies and the drivers could face liability in these cases. If you’re a victim of rideshare sexual assault, taking prompt legal steps is essential to hold the responsible parties accountable and to help prevent such incidents from happening to others.
Rideshare drivers are sometimes not at fault for an accident or incident. Therefore, the at-fault driver’s insurance may be held responsible for the resulting damage. However, proving that the other driver is at fault is hardly ever straightforward and often requires a detailed investigation and even possibly expert testimony. Legal guidance can be invaluable in overseeing these complex scenarios.
While much of the focus is often on Uber and Lyft services, traditional taxis also have numerous road accidents yearly. Unlike rideshare services, taxis have their own set of regulations and insurance policies. Situations involving a taxi accident often require a different legal approach for a successful resolution.
Once liability is established and injuries are assessed, the next step is to pursue a personal injury claim. It’s important to understand that initiating legal action is often the most effective path to securing rightful compensation. A personal injury attorney knows how to gather evidence, work with insurance companies, and represent you in court best, if necessary.
Gathering sufficient evidence is crucial to establish the facts of the case. This could range from taking photographs of the accident scene to obtaining witness statements and police reports. Typically, the more thorough the evidence, the stronger your personal injury claim or lawsuit will be. A rideshare accident attorney can advise on what types of evidence are most compelling and how to collect and store it for future use properly.
Accidents can leave scars that are not just physical but also psychological. Issues such as anxiety, post-traumatic stress disorder (PTSD), and depression can arise or worsen after being involved in a rideshare accident. Addressing the psychological aspects can be an essential part of your recovery and can also be factored into any personal injury claim.
Every state has its statutes of limitations that dictate the amount of time that you have after an incident to file a personal injury claim. These legal time limits vary depending on the nature of the case and where the incident or accident occurred. Missing this deadline can forfeit your right to pursue legal action entirely, making it crucial to act promptly.
Being involved in a rideshare or taxi accident can be a life-altering event. Specialized legal help from a rideshare accident attorney is often vital to navigating the numerous options and steps needed to secure justice and rightful compensation. Taking a proactive approach by reaching out to a personal injury attorney can often make a significant difference in the outcome of your case.
A rideshare accident attorney can explain your rights, identify the best avenues for compensation, and guide you through the intricacies surrounding liability coverage and insurance claims. If involved in such an accident, this is not a journey you should undertake alone, as a personal injury attorney can be your strongest ally during the aftermath of a rideshare or taxi accident.
Contact Briggs Law Firm today to learn more about using a personal injury attorney.
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]]>Did you recently suffer an injury because of a fall in a parking lot? If so, you may have grounds for a premises liability claim. This is a complex legal area that often leaves victims confused and unsure about their rights. Reaching out to a personal injury attorney is a good idea if you have any questions or need assistance. These lawyers can look at your case and represent you if you are a victim of negligence.
The plaintiff must demonstrate negligence in a successful premises liability claim. In the context of a parking lot, negligence often refers to the property owner’s failure to maintain safe conditions or warn visitors of potential hazards adequately. If it’s determined that the property owner was negligent, they may be held accountable for injuries sustained on their property.
A parking lot is typically a place where we don’t expect to encounter danger, but it may present numerous hazards leading to accidents and injuries. Surprisingly, these seemingly mundane spaces can become a setting for a serious accident if not appropriately maintained. Typical parking lot hazards include poor lighting, broken pavement or asphalt, wet or slippery surfaces, and construction areas needing to be adequately blocked off from the public.
Each of these hazards brings risks, potentially turning a simple trip to the store into a life-altering event. These parking lot hazards can sometimes lead to severe injuries, requiring significant medical attention and even causing long-term issues. If you find yourself as a victim of these hazards in a parking lot, reaching out to a personal injury attorney is essential.
One common cause of parking lot accidents is poor lighting. Properly functioning lights are vital in a parking lot to prevent potential hazards from being overlooked. The property owner is responsible for ensuring that each parking lot light is functioning correctly and adequately illuminates the space to prevent accidents.
Poor lighting can conceal trip hazards, deter individuals from using the space, and even foster a haven for criminal activity. If you fall because of poor lighting, a premises liability attorney could help prove that the property owner failed to uphold their duty, thus contributing to your injury, and potentially strengthening your claim.
Another common parking lot hazard is broken pavement or asphalt. These issues, including uneven surfaces, potholes, and cracks, can create serious trip hazards leading to severe falling accidents. The property owner or maintenance crew is responsible for promptly repairing these issues as part of routine parking lot maintenance.
Failure to perform parking lot maintenance can lead to accusations of negligence in providing a safe environment. If a property owner allows these hazards to linger without addressing them, they could be held responsible for any resulting injuries under the premises liability law.
Wet or slippery surfaces also significantly contribute to parking lot accidents. Often, these conditions result from weather situations like rain or snow. However, it’s important to note that property owners are responsible for ensuring surfaces are safe for visitors.
This duty might include timely clearing of snow and ice or diligent cleaning up spills that could create a slip hazard. Ignoring these responsibilities could be interpreted as negligence, potentially leaving the property owner liable for any accidents resulting from these dangerous conditions.
Areas that are under construction in a parking lot should always be appropriately marked and blocked off to safeguard the public. Inadequate measures to block off the parking lot construction can lead to accidents and serious injuries. Unsecured construction zones pose multiple risks, including debris, open pits, and the operation of heavy machinery.
Failure to adequately secure these areas is not only a violation of safety standards but could also result in legal action. If you’ve been injured in a construction zone that was not adequately secured, a premises liability attorney can help you understand your rights.
Determining responsibility is only sometimes straightforward, and it often depends on the specific circumstances of your case. Typically, a property owner could be held liable if they knew, or reasonably should have known, about a hazard, but failed to address it, leading to an injury. However, each situation is unique, and having skilled lawyers specializing in personal injury cases can make a crucial difference in the success of your claim.
A tort attorney, specializing in premises liability, can help evaluate your case, determine if negligence was a factor, and help you pursue financial compensation for your injury. Remember that these cases often require a thorough investigation and a detailed understanding of premises liability laws, which further highlight the importance of experienced legal representation.
While falling in a parking lot may seem minor, the consequences can be significant and long-lasting. It can lead to substantial medical bills, lost wages, as well as pain and suffering. You shouldn’t have to shoulder these burdens alone if your injury resulted from property owner negligence.
If you’ve suffered a personal injury due to a fall in a parking lot, you could potentially have a premises liability claim. The crux of your claim will hinge on demonstrating that negligence was a factor. This could be poor lighting, broken asphalt, slippery surfaces, or even construction zones needing to be adequately blocked off.
Ultimately, understanding the complexities of premises liability and proving negligence can be challenging to take on by yourself. That’s why it’s crucial to consult with a personal injury attorney to help guide you through this process and work toward securing financial compensation for injury because of a slip and fall in a parking lot.
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]]>The post <strong>Avoid Becoming a Victim of Road Rage</strong> appeared first on The Briggs Law Firm.
]]>For those lucky enough to have never experienced it, road rage is a term used to describe aggressive and dangerous behavior exhibited by drivers on the road. It is most infamous for its connection to car accidents, as those affected by road rage are more likely to be involved in an accident than other motorists.
Understanding what constitutes road rage, and how to avoid becoming its victim, can help all motorists stay safe while driving.
Road rage is defined as aggressive or violent behavior exhibited by drivers in response to some perceived injustice or threat while on the road.
This behavior can range from yelling and swearing, to gesturing aggressively or intentionally ramming cars with other drivers. Such behavior often has tragic consequences, causing car accidents, serious injuries, and even deaths.
The National Highway Traffic Safety Administration (NHTSA) estimates that 2 percent of all traffic fatalities are caused by road rage incidents. Of these fatalities, 75 percent involve shootings or weapons attacks between drivers. In addition, 80 percent of all car crashes are believed to result from aggression between drivers on the roads.
These road rage statistics paint a grim picture for motorists looking to get from point A to B as safely as possible. Assume road rage is a real possibility, and keep your guard up when behind the wheel.
The best way to avoid becoming a victim of road rage is to remember that everyone needs to get somewhere safely — do not let your anger interfere with this goal. If someone else’s behavior has sparked your anger, remember that responding aggressively will not resolve anything—it will only escalate the situation further.
Instead, keep calm and be aware of your body language when driving around another driver who appears angry or hostile; avoid honking horns unnecessarily, and maintain an appropriate distance between yourself and other drivers at all times if possible.
Consider developing a short routine you can quickly deploy when triggered on the road. Deep breathing, calling a loved one to vent, or even pulling over to calm down are all great examples of effective de-escalation techniques.
For example: if you encounter someone who appears angry waiting at a red light and begins yelling obscenities at you after you pass them into another lane—give them space rather than engaging in confrontation by provoking them further with gestures or words such as shifting lanes again as they drive off after the light changes color.
Similarly, if you are cut off and feel angry—try not to follow the car too closely afterward or tailgate them for extended periods of time as doing so could provoke their hostility further, which might lead to dangerous consequences for both parties involved; instead choose to focus on getting where you need to go without any additional issues arising from riding another driver’s bumper too close behind them.
Whether suppressing road rage or avoiding it altogether, it’s essential to remember that everyone is ultimately looking for safe passage on the roads. You’d be hard-pressed to find a better example of avoidable injury and tragedy than escalated road rage incidents.
If you have been involved in an accident due to an incident involving road rage, you must reach out for help right away —especially if you have sustained any personal injury due to another driver’s reckless action on the roads.
A car accident lawyer may be able to provide legal assistance in order to determine who was responsible for damaging your property (e.g., vehicle), medical expenses associated with personal injuries sustained during the incident, financial losses resulting from lost wages (if applicable), emotional pain & suffering damages related psychological trauma incurred during any altercation(s) that took place before, during, and afterward.
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]]>The post <strong>Elder Abuse in Ocala Nursing Homes</strong> appeared first on The Briggs Law Firm.
]]>This mounting concern can be attributed to Florida’s massive population of 4.5 million seniors and the growing suspicion of widespread negligence and skewed reporting data.
Elder abuse can take many forms, including physical, emotional, sexual, financial, and neglect. In this article, we’ll look at the various types of elder abuse in nursing homes and when to contact a lawyer who specializes in nursing home abuse.
Nursing home abuse ranges from subtle signs, like bedsores or dehydration, to more alarming signs, like a physical or emotional injury.
For instance, bedsores are areas of skin that have been damaged due to prolonged pressure against a surface, such as a mattress or a chair. Bedsores may not sound all that serious initially, but if left untreated, bedsores can lead to infection and even death.
Dehydration is another common sign of nursing home neglect and can be caused by an inadequate daily water intake. Seniors need extra assistance staying hydrated, as their organically aging faculties can sometimes prevent them from adequately caring for themselves.
Other types of injury are more likely to be conspicuous and noticeable, like physical or sexual assault. In addition, verbal or mental abuse inflicted on elderly residents by staff members may constitute abuse requiring legal action.
When looking for the signs of elder abuse, it is essential to remember that victims are often unable or unwilling to speak up because they fear retaliation from their abusers or feel embarrassed about what has happened to them.
As such, families of elderly loved ones need to inquire with the staff at their relative’s nursing home about any concerns they may have regarding potential mistreatment or neglect.
If you suspect your loved one has been a victim of nursing home abuse or neglect, contact a qualified attorney immediately.
An experienced law firm will have the knowledge and skill necessary to navigate the complexities of elder abuse law and provide your family with sound legal guidance.
A good nursing home abuse lawyer should not only be able to assess whether you have sufficient evidence but also provide advice on how best to deal with abusive staff members or care providers who may be responsible for your loved one’s mistreatment.
Elderly residents living in Ocala’s nursing homes deserve proper care and respect from all care staff involved in their lives, regardless of whether they are family members, personal assistants, medical professionals, or other individuals employed by the facility.
Taking action when someone you love experiences any type of elder abuse is essential for protecting their well-being both now and into the future, so don’t wait – contact a qualified attorney today if you think your loved one may be suffering from any form of elder abuse while living in an Ocala-based nursing home facility!
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]]>The post Protecting Your Children: A Guide to Safe Children’s Toys appeared first on The Briggs Law Firm.
]]>Choking Hazards
One type of harmful toy to be aware of is those with small parts that can be choking hazards. Children, especially those under the age of 3, can easily choke on small toys or parts. It is essential to check the age recommendations on toy packaging and to avoid giving young children toys with small parts. Another hazard to look out for are toys with sharp edges or points that can cause injury.
Toxic Substances
Another concern with children’s toys is those that contain toxic materials. Some toys may be made with toxic substances that can be harmful if ingested or inhaled. It is important to check for certifications such as the CPSC (Consumer Product Safety Commission) seal, which indicates that a toy meets safety standards. In addition, be wary of toys with a strong chemical smell, as this can signify that they contain toxic materials. It is always better to err on the side of caution and choose safer, non-toxic options for children.
How to Choose Toys that are Safe for Children
As a parent, it is vital to prioritize toy safety when purchasing gifts for your children. Here are some additional tips when shopping for that perfect gift:
1. Pay attention to age recommendations on toy packaging. Age-appropriate toys are less likely to present a risk to young children.
2. Look for certifications such as the CPSC (Consumer Product Safety Commission) seal. This indicates that the toy has been tested and meets safety standards set by the CPSC.
3. Avoid toys with small parts that could be choking hazards, especially for young children.
4. Check for sharp edges or points that could cause injury.
5. Stay informed about recalls. The CPSC maintains a list of recalled toys on its website, and you can also sign up to receive email alerts about recalls.
Reporting Consumer Product Hazards
If you suspect that a toy you have purchased is unsafe, it is essential to report it. In the United States, you can report unsafe toys to the CPSC through their website or by calling their hotline at (800) 638-2772. You can also report unsafe toys to the manufacturer or retailer from whom you purchased the toy. In addition to reporting unsafe toys, it is essential to stay informed about recalls. The CPSC maintains a list of recalled toys on its website, and you can also sign up to receive email alerts about recalls. Staying informed about recalls and reporting unsafe toys can help protect your children and other children who may come into contact with the toy.
Injured? Our Consumer Product Personal Injury Attorneys Can Help
As a parent, you want to ensure that the toys you provide for your children are safe. Manufacturers and retailers have a responsibility to ensure their products are safe for consumer use. Don’t let the risk of an unsafe toy overshadow the joy of gift-giving. Prioritize toy safety and choose age-appropriate, certified options for your children. At The Briggs Law Firm in Ocala, Florida, we understand the importance of consumer safety and are here to help if a defective toy has injured you or your child. Contact us today for a consultation by calling 352-670-2165.
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]]>The post Safety Tips for Florida Holiday Traveling appeared first on The Briggs Law Firm.
]]>Road trips during the holidays are most popular. When traveling by car:
Traveling by plane is statistically safer, but there are still precautions and safety measures you should take if you are traveling by plane this Holiday season.
Hotels and motels provide a great way to get out of the elements and rest up for the next leg of your journey, but safety can’t be taken for granted. Here are some safety tips to consider when staying in hotels and motels:
Following these safety tips can help ensure that your travels to and from Florida are safe and enjoyable. Have a happy and safe holiday season!
For Serious Accidents, Contact The Briggs Law Firm For Assistance
If you are the victim of an accident, either as a motorist, cyclist, or pedestrian, contact The Briggs Law Firm at our Ocala, Florida office at (352) 670-2165. We can help you understand your options and the strengths and weaknesses of your case. There is no obligation when scheduling an appointment with one of our experienced North Central Florida accident attorneys, and the consultation is free. Let us help you file a claim to recover damages for medical expenses, lost wages, and more. Call our office today for more information.
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]]>The post <strong>Do’s and Don’ts after a Motor Vehicle Accident in Florida</strong> appeared first on The Briggs Law Firm.
]]>Do get out of harm’s way.
Do call your insurance company.
Do have a medical assessment within fourteen days of the accident.
Do follow your physician’s instructions and the prescribed treatment regime.
Do not move your vehicle if someone is injured in the collision.
Do not make any statements to the other driver about the collision.
Do not leave the accident scene until you receive the other driver’s insurance information.
Do not be afraid to seek medical treatment from a different physician.
Do not give the other insurance company a recorded statement after the accident.
Do not diminish or minimize your injuries.
Do not sign anything from any Insurance Company before seeking legal counsel.
DO CONTACT Briggs Law Firm
If you are injured in a motor vehicle accident due to someone else’s negligence, you have every right to seek compensation for the damages you have incurred. Insurance companies do not act on your behalf. Their goal is to minimize your settlement amount.
At The Briggs Law Firm we are aggressive motor accident attorneys that can protect your legal rights. Our office is located in Ocala, Florida. Schedule a Free Consultation for all personal injury cases at (352) 671-4600 .
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]]>The post Uber & Lyft Auto Accidents appeared first on The Briggs Law Firm.
]]>What makes ride-sharing accidents different from other types of car accidents? There are a few key factors:
Firstly, most ride-sharing drivers are not professional drivers. They may not have the same level of training or experience as taxi or limo drivers. A standard State issued driver’s license and a background check for traffic-related and violent crimes are all required to be a ride-share driver.
Another factor is that ride-sharing trips are often short and fast-paced. Drivers may be more likely to take risks, such as speeding or making sudden turns, to get their passengers to their destination quickly.
Finally, there’s the issue of insurance. Ride-sharing companies typically provide only limited liability coverage for their drivers. If you’re injured in a ride-sharing accident, you may have a more challenging time getting compensation from the driver’s insurance company.
What can you do to protect yourself if you’re planning to use a ride-sharing service? Here are a few tips:
– Check the driver’s rating before getting in the car. Lyft and Uber both allow passengers to rate their drivers after each trip. If a driver has consistently low ratings, it’s probably best to avoid them.
– Pay attention to the car’s condition. Ensure the tires are in good condition and there are no obvious mechanical problems. If the car is in poor condition, it’s more likely to be involved in an accident.
– Buckle up. This one is essential no matter what kind of vehicle you’re in, but it’s vital in a ride-sharing car, where the risk of an accident is higher.
What should you do if you are involved in a ride-sharing accident?
If you’re involved in an accident while riding in an Uber or Lyft, you should take a few essential steps to ensure your safety and protect your rights.
Injured in a Florida vehicular accident? Call us today.
If you are injured in a ride-sharing accident, contact The Briggs Law Firm at our Ocala, Florida office at (352) 670-2165. We can help you understand your options and the strengths and weaknesses of your case. There is no obligation when scheduling an appointment with one of our experienced North Central Florida accident attorneys, and the consultation is free. Let us help you file a claim to recover damages for medical expenses, lost wages, and more. Call our office today for more information.
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]]>The post Wrongful Death Claims after the Loss of a Loved One appeared first on The Briggs Law Firm.
]]>Types of Compensation for Wrongful Death
Compensation in a wrongful death case can include damages for medical expenses, funeral costs, lost wages, and pain and suffering. If the death was caused by gross negligence or malice, you might also be able to seek punitive damages. Chapter 768 of the Florida Statute provides action for the death of a person caused by the negligence of another. The term “negligence” generally means failure to use reasonable care. Reasonable care is the degree of care that a reasonably prudent person would use under similar circumstances to avoid injury or damage.
Who Can File a Wrongful Death Lawsuit in Florida?
In Florida, only certain family members can file a wrongful death lawsuit. These include:
– The personal representative of the deceased’s estate
There are some exceptions to these rules. For example, if the deceased was unmarried and had no children, only the deceased’s parents or the personal representative can file a wrongful death lawsuit.
Common Examples of Wrongful Death Cases in Florida
There are many examples of wrongful death cases in Florida. Some of the more common cases involve:
– Car accidents caused by negligent drivers
– Medical malpractice resulting in death
– Workplace accidents resulting in death
– Defective product-related fatalities
Car Fatalities Caused by a Negligent Driver
According to World Population Review, Florida is number 3, just behind Texas and California, respectively, for fatal car accidents (2,915) in 2022. Types of negligent vehicular accidents include, but are not limited to:
– Reckless driving
If you have lost a loved one due to a car accident caused by any of the above, you may be able to file a wrongful death lawsuit. To do so, it will need to be proven that the driver was negligent and that their negligence led to the death of your loved one.
Death Caused by Medical Malpractice
Medical malpractice and wrongful death lawsuits are some of the most challenging cases to win in Florida. To prove that medical negligence was the cause of death, plaintiffs must show that the death was directly caused by the medical provider’s negligence. This can be incredibly difficult to do, which is why having an experienced personal injury attorney to handle your medical malpractice claim is essential. Examples of medical malpractice include, but are not limited to:
Patients can die due to medical malpractice in a few different ways. One common way is due to wrongful medication errors. This can happen when a patient is given the wrong medication or the wrong dosage of medication. Medication errors can also occur when a doctor prescribes a medication that interacts poorly with the patient’s other medications.
Another common cause of death due to medical malpractice is wrongful surgery. This can happen when a surgeon operates on the wrong body part or leaves a surgical instrument inside the patient’s body. It can also happen when a surgeon performs a procedure that wasn’t necessary in the first place.
Workplace-related Accidents
Some common types of workplace accidents that can lead to wrongful death include:
– Crushed by heavy machinery or falling objects
– Vehicle collisions
Depending on the circumstances, you may be able to sue the property owner, the general contractor, the subcontractor, or the manufacturer of defective equipment.
Product Malfunction and Product Liability Claims
In Florida, there are two types of product liability claims: negligence and strict liability. To prove negligence, the plaintiff must show that the manufacturer or seller knew or should have known about the defect and failed to warn consumers. To prove strict liability, the plaintiff does not need to show that the manufacturer or seller was at fault, only that the product was defective. Some examples of defective product-related deaths are:
The law can hold multiple parties responsible for defective products that cause wrongful deaths. Besides the manufacturers, those charged with distributing or selling such items could also fall within this category.
Speak to an Experienced Wrongful Death Attorney About Your Situation
You may be entitled to compensation if you have lost a loved one due to someone else’s wrongful actions. Schedule an appointment with our wrongful death attorney to discuss your case and learn more about your legal options. We take special care and are particularly sensitive to the wrongful death claims we handle. We want to talk to you if you have lost a loved one to any negligent injury. Call The Briggs Law Firm in Ocala at 352-671-4600.
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