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Slip and Fall Personal Injury Lawyer in Hollywood, Florida

A slip and fall accident in Florida falls under the state’s premises liability laws. These incidents are a daily occurrence throughout the state, and not every case warrants legal action. Here is what you need to know about slip and fall accidents as they pertain to customers and other individuals invited onto the premises of a business. Understanding Slip and Fall Accidents in Florida Slip and falls often occur on sidewalks or inside restaurants and grocery stores. However, they can happen anywhere. The most common causes of a slip and fall are: Faulty or otherwise unsafe railing Dangerous walking paths and floors Hazardous staircases If you have experienced a slip and fall accident as the customer of a business, seek medical attention as soon as possible. An official diagnosis of the damages that you have experienced will serve as vital evidence should you decide to pursue an injury claim. Florida Premises Liability Laws Premises liability laws in Florida govern the liability of property owners should they fail to safely and reasonably care for the customers invited onto their properties. These regulations overlap with common-law duty of care standards in the state, which stipulate that a business owner must provide reasonable care to prevent foreseeable harm to others. To win a slip and fall claim, you will need to demonstrate that the defendant breached this duty of care. This can be established through witness testimony and showing whether the establishment took steps to keep customers safe from a foreseeable hazard (such as posting “wet floor” signs or using salt for the sidewalks during freezing weather). Should You Seek Compensation for...

Nursing Home Deaths in South Florida Lead to New Rules

Hurricane Irma made landfall in Florida Sept. 10 and devastated the state. The storm caused an estimated $42.5–$65 billion in damages, and some cities were left without power for weeks. Indeed, power outages are a common result of such powerful storms (Irma was the strongest hurricane observed in the Atlantic since 2005). This is dangerous for all residents, but elderly individuals who reside in retirement centers and nursing homes are especially vulnerable. A Fatal Catastrophe in Hollywood, Florida These facilities are required to have certain equipment and supplies in the event of a power outage. These include a generator, food, water, and adequate staff support to care for all residents for up to 72 hours without electricity. Unfortunately, the minimum generators required are only strong enough to power a few systems. For the residents of the Rehabilitation Center at Hollywood Hills in Hollywood, Florida, this fact became a worst-case scenario. Hurricane Irma caused a power outage at this facility, which then lacked sufficient energy to run the air conditioning throughout the building. This led to the deaths of eight residents due to lethally high temperatures. In response to this disaster, Governor Rick Scott announced a series of new rules Sept. 16, 2017, requiring that Florida nursing homes and assisted living communities have generators that can maintain comfortable temperatures for residents for at least 96 hours if the power goes out. Florida’s New Power Laws There are also proposed federal laws in direct response to the fatal events in Hollywood. Here’s an overview of requirements in the new emergency plan proposed by the Agency for Health Care Administration: Facilities must have the...

Why You Shouldn’t File a Personal Injury Claim By Yourself

Whether they think their case is simple or they’re trying to save money, some accident victims will try to handle their personal injury claim on their own. While their reasoning seems to make sense at first, they quickly realize the complexities of personal injury claims can get them in over their heads. Read below to discover why you shouldn’t file a personal injury claim by yourself. Preparing a Claim is Time Consuming When you represent yourself, you’re the one responsible for gathering all the evidence you need to support your case. This can include witness statements, police reports, repair estimates, photographs, medical records, and more. If you have a full-time job or family to take care of, you might begin to realize you just don’t have enough hours in the day to do all this work on your own. However, when you hire an attorney, you have someone who has the time and experience to gather the evidence you need. You Could Get a Low Offer Some insurance companies and defendants think that if you don’t have an advocate fighting on your behalf, you’ll likely get exhausted and frustrated with the system. They’ll present you with a low offer anticipating that you’ll just accept anything in the hopes of getting it over with, even if the offer doesn’t adequately compensate you for your injuries. Often, simply having a personal injury attorney will automatically get you a higher initial offer. You Need Good Negotiation Skills There will likely be several back-and-forth exchanges with the defendant’s insurance company during the settlement process. While some people are good at negotiating and don’t...

Workers’ Comp and Personal Injury

If you’re injured on the job, you’ve probably been told that the only compensation you can get will come from workers’ compensation insurance held by your employer. While this is generally true, there are other times when you can sue for personal injury compensation as well. Learn more about how workers’ comp and personal injury claims can sometimes overlap. Understanding Workers’ Comp Usually, if you’re injured on the job, you’ll file a workers’ comp claim. Workers’ compensation is insurance your employer carries for this reason. You don’t need to show proof of fault for a workers’ comp claim. You simply need to show that your injury occurred on the job and is somehow connected to your work. Under workers’ compensation, you get non-taxable income that equals about two-thirds of your average pay. You’ll also get compensation for your medical care and permanent injury. Understanding Personal Injury Claims If you’re injured due to the negligence of another person, you can file a personal injury claim. However, in order to recover damages, you have to prove your injuries and show that the other person was at fault. Personal injury settlements typically include compensation for lost wages, loss of future earnings, medical expenses, and property damage. Occasionally, compensation can also include pain and suffering. Areas of Overlap While workers’ comp and personal injury usually handle two different groups of people, there are times when the two will overlap. In these cases, injured workers might be able to file a workers’ comp claim and a personal injury lawsuit. For example: If a defective product injures you on the job, you might be able...

Tragedy Faced in Nursing Home After Hurricane Irma

In times of crisis, reliable nursing home care is more crucial than ever. With residents already in need of living assistance, natural disasters only intensify reliance on their caretakers. In the wake of Hurricane Irma, a nursing home tragedy occurred. Although the storm weakened and lessened the damage, the lack of electricity after caused the usual Florida heat to be that much more intensified. Eight Hollywood nursing home residents died after Irma left the building without air conditioning and in sweltering heat. It is devastating to think of the oven-like conditions that the residents had to endure after the severe storm hit Florida. Nursing homes & Adult Living Facilities (ALFs) are legally responsible for the safety of their patients and residents have certain rights and protections to ensure that suitable care and services are provided to them. As South Florida natives, we are no stranger to hurricanes and the subsequent preparations pre- and post-storm. Nursing homes need to have a system in place that ensures all staff and residents will be safe during the storm. Having a working plan to keep residents and patients safe is a requirement for Florida’s licensed health care facilities such as nursing homes, assisted living facilities and hospices. State law requires the facilities’ management plan to include: Risk assessment and planning Policies and procedures Communication plan Training and testing Plans should include things like how people will be evacuated in the case of emergency, plans for food and water, establishing who is in charge during an emergency, etc. It can be emotionally painful and difficult to place a loved one in a nursing home but once...

Car Insurance and Personal Injury Claims

When a personal injury claim is related to an auto accident, car insurance is typically the first line of defense for both injured parties and those legally responsible for the injuries. In most cases, the injured party is able to recover for their injuries simply by filing a claim against the responsible party through the responsible party’s auto insurer. Assuming the responsible party’s insurer pays out and the policy offers enough coverage to pay the claim in full, the process can stop there. Injured parties may also have the option of making a claim for their injuries with their own insurer depending on the coverage they carry. Either way, throwing car insurance into the mix of a personal injury claim can substantially affect the process and outcome of the claim. Understanding Car Liability Coverage Liability coverage is the portion of your policy that pays for other’s injuries in an auto accident that you cause. Liability coverage has several different aspects to it, including property damage you cause to the other party in an at-fault accident. However, the portions relevant to personal injury claims are bodily injury liability limit per person injured, and bodily injury liability limit per accident. Bodily injury per person injured sets a maximum benefit for each party who is injured in an accident you cause, up to the limit of your policy. Bodily injury per accident sets a limit for what the insurer will pay for all the injuries associated with one accident. Where you might run into trouble as a plaintiff or as the responsible party is if your per-person or per-accident limits fail to cover the total...

How to Be Safe During Hurricane Irma

Natural disasters are unfortunately unavoidable but with current forecasts we are lucky enough to know ahead of time and take the necessary precautions to stay safe. With Hurricane Irma’s current projections, the state of Florida might be experiencing winds of 185 mph. It is important to prepare and be knowledgeable on staying as safe as possible. The biggest threat to personal safety is the high winds that can topple trees and cause debris to fly. Heavy rain is also a huge threat because it can cause flash floods and storm surges. If you plan to stay at home during the hurricane, follow these 7 tips to ensure personal safety: Stay inside and away from windows and glass doors. Protect windows with plywood or storm shutters. Secure outside objects. Remove all loose objects surrounding your house. Any patio furniture, backyard décor or barbeques that could be lifted by strong winds should be put away or tied down to avoid any damage to properties or risk personal injury. If flooding threatens a home, turn off your home’s electricity main breaker. Have a secure room available. If the storm passes over your home, stay put in a room without windows. Beware of lightning. Don’t take a bath/shower and refrain from using electrical equipment during the storm. Make sure to have a first aid kit, fuel, food and plenty of water for each member of the household. Evacuate if alerted to do so and know your evacuation routes ahead of time. Hurricanes are very powerful and uncontrollable but you can do your best to prepare for them and prevent personal injuries. Contact us...

Social Media’s Effect on Personal Injury Cases

You already know that your social media profile can affect whether or not you get a job interview and how you appear to friends and family. But if you’re suing for personal injury, your social media profile could get in the way. Any post, no matter how benign it seems, might undermine a personal injury case in very damaging ways. If your profile isn’t private already, log in and make it so now. Social Media Profiles Can Show You’re Healthy If you’re filing a personal injury case after something like a car accident, part of your case is going to be physical trauma your body suffered. You might have mobility issues, broken bones, or other problems that impede your ability to go about life easily. However, sometimes social media pictures make you look healthy or able-bodied. Whether or not the pictures truly show the reality of your situation doesn’t matter. If the judge sees the pictures and feels you’re physically well, your case might get thrown out. That happened to a woman named Fotini Kourtesis, whose social media pictures disproved her personal injury claim. Your Emotional State Might Come Into Play Personal injury cases also often cover mental distress that comes as a result of an accident. You might be suffering from depression, anxiety, or PTSD because of something that happened to you. Things get tricky with social media because someone snapping a photo of a rare smile, or even posting well wishes on your page, could undermine a depression claim. You need good lawyers to help you advise how to deal with your social media profile because they’ll...

Top 4 Largest Personal Injury Settlements on Record

Personal injury cases are no joke. Some people who survive these injuries never regain the quality of life they had before, and many people don’t survive long enough to see a settlement. If money is indicative of wrongdoing, then the damages these plaintiffs earned on personal injury cases show just how difficult their lives became. Though money can’t right the wrongs of a personal injury case, at least the legal system did not fail these plaintiffs. $150 Billion: Robbie Middleton In an astoundingly large personal injury settlement, a Texas jury gave $150 billion to the family of a boy who was badly burned. Robert Middleton, known by the nickname Robbie, was sexually assaulted, then burned by the same person a few weeks later. This happened in 1998, when Robbie was just 8 years old. Twelve years later, after extensive skin treatments because of the third-degree burns over his body, Robbie Middleton died from skin cancer. His family pursued justice, partly to get the county to admit that Robbie was sexually assaulted and to charge the assailant. $4.9 Billion: The Anderson Family In 1993, a Chevy Malibu exploded after being rear-ended. Two adults and four children were in the car when it started to burn. Though the adults escaped, the children were badly injured. One was burned over 70 percent of her body. The family sued GM, and though the award amount was reduced, they walked away with billions. At the time this case was settled in 1999, it was the biggest personal injury award in the country that year. The case lasted for years, though, with initial filing starting...

Settlement Money: Lump Sum or Payments?

Personal injury cases are typically settled with either a lump sum payment or a structured settlement. If you’re owed a significant sum of money, it’s important to understand how these options work. There are pros and cons to each approach. The specifics of your case will help you determine which type of settlement fits your needs best. How Lump Sum Settlements Work A lump sum settlement is the fastest and simplest way to deal with your money. You will receive your total settlement in one payment. After you cash the check, your case is over, and there’s no continued access or interaction with the defendant. This is usually the best option for small-to-medium amounts. For settlements that are less than $150,000, a lump sum payment is the most common choice. How Structured Settlements Work Structured settlements are paid out in a series of smaller payments distributed over time. There are many ways to structure these types of settlements. You will usually get a larger sum in the beginning, followed by smaller amounts paid out monthly, bi-monthly, bi-annually, or annually. However, you can choose to begin with smaller payments that grow gradually or structure the settlement with a brief period of large payments to coincide with a child going to college or another major life event. You will also decide whether payments will continue after your death and go to your heirs for a specified period. The details of these payments are determined when you settle the case. You cannot change your payments later, so it’s crucial that you think through how and when you will use the money so you...

The Hollywood injury attorneys at David W. Singer & Associates handle all types of accident injury cases in Hollywood, Miami, Fort Lauderdale, Miami-Dade County, Miami Beach, North Miami Beach, North Miami, Aventura, Sunny Isles, Golden Beach, Miami Lakes, Hialeah, Hialeah Gardens, Miami Gardens, Bal Harbour, Bay Harbour, Opa-Locka, Medley, Miami Shores, Cutler Ridge, Kendall, Coral Gables, Homestead, Florida Keys, Key Largo, Islamorada, Key West, Broward County, Hallandale Beach, Pembroke Park, Pembroke Pines, Dania Beach, Davie, Southwest Ranches, Plantation, Weston, Sunrise, Tamarac, Pompano Beach, Lighthouse Point, Coral Springs, Parkland, Margate, Coconut Creek, North Lauderdale, Lauderhill, Miramar, Palm Beach County, Boca Raton, Delray Beach, Boynton Beach, Lake Worth, West Palm Beach, Palm Beach, Manalapan, Hypoluxo, Singer Island, Palm Beach Gardens, Jupiter, Wellington, Martin County, Stuart, St. Lucie County, Port St. Lucie, Vero Beach, Fort Pierce.

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