A personal injury case is usually one that involves physical harm caused by the carelessness or wrongdoing of another person or entity. Since no two cases are the same, the knowledgeable injury lawyers at Cecere Santana, PA guide Fort Lauderdale residents and others through this process with sensitivity to the specific details of each person’s situation. Whether you were hurt in a car crash, by a defective product, or by the negligence of a property owner, our experienced accident attorneys can help you pursue any party that may be liable for damages.Assert Your Right to Compensation
There are about 300,000 automobile accidents in Florida each year, many of which cause devastating harm. A person hurt in a car crash may file a negligence lawsuit against a driver who caused the wreck through his or her carelessness. Broadly speaking, the claim would allege that the defendant breached the legal duty that he or she owed to the victim and that this negligent behavior caused injuries and actual damages.
A driver can violate the duty of reasonable care, which requires behaving as prudently as the typical individual would act in similar circumstances, by engaging in a variety of careless behaviors. A few common examples include failing to yield, driving drunk, and speeding excessively. If any type of carelessness behind the wheel causes foreseeable harm to someone involved in the crash, the victim may have a negligence claim.
A defendant who is found liable may be ordered to pay compensatory damages to the injured person. These can include not only lost wages from missed days at work, medical expenses, vehicle repairs, and the costs of future treatment, but also the pain and suffering endured by the accident victim.
Even if you were partly responsible for an accident in which you were hurt, you may be able to recover a lesser amount of damages. Florida uses a pure comparative negligence rule, which allows victims to seek compensation to the extent that any defendant held liable was at fault. Someone who is found to be 30 percent responsible for causing an accident may be able to receive damages for up to 70 percent of his or her total losses from a defendant.
People injured by the wrongdoing of another person or company often can seek compensation in situations beyond car crashes. For example, a person hurt by a hazardous condition on the property of a retail store or other business may be able to file a premises liability claim. This is based on the duty of property owners to protect people who are lawfully on their premises from hazards that are not open and obvious, or warn them of their existence. Or an employee at a nursing home may fail to take proper care of an elderly resident, which could lead to a negligence claim. Florida residents who enjoy the many water activities available in this state also may experience an accident involving a boat. When that happens, they may choose to seek compensation from any party responsible for it.
In circumstances where an accident results in a tragic loss of life, Florida law allows the decedent’s surviving family members to file a wrongful death lawsuit. The elements of these claims are generally similar to ordinary negligence cases, but different types of damages may be available. These often compensate plaintiffs for both the medical bills and funeral expenses related to the death as well as the loss of companionship for family members who had a close relationship with their loved one.Holding Designers and Manufacturers Accountable for Defective Products
It is important that the products sold to consumers are safe. Florida law therefore allows people injured by a dangerous device to try to hold its manufacturer, designers, and even retailers accountable in court. In some cases, the defendant may be liable even if it exercised substantial care. A product liability case may involve any type of item, such as medical devices or defective drugs.
One of the victim’s most important objectives in this type of claim is proving the existence of the defect. This might occur in one of several ways: a manufacturing defect, a design defect, or a failure to warn. Manufacturing defects are usually mistakes in the process of making the product, while design defects result from an inherent flaw in how it was envisioned. If one of these problems harms a person who was using the product as intended or in a foreseeable manner, the manufacturer, designer, or retailer of the product may be liable.Explore Your Options with Injury Lawyers in Fort Lauderdale
At Cecere Santana, PA, our injury attorneys have compassionately assisted accident victims near Fort Lauderdale and other South Florida communities, including Hollywood, Miami, and West Palm Beach. Many of these cases involve insurance companies, and our firm is skilled at handling these cases, since two of our attorneys are former insurance adjusters. If you are dealing directly with the party accused of wrongdoing, our extensive trial experience also can help you protect your rights. To schedule a free case evaluation, complete our online contact form or call 800-753-5529.