South Florida Personal Injury Attorneys Rosenberg & Rosenberg, P.A.

Personal Injury Frequently Asked Questions of South Florida Serious Injury Attorneys at Rosenberg & Rosenberg, P.A.

The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Florida personal injury Lawyer Rosenberg & Rosenberg, P.A., you can receive a personal consultation regarding your specific legal claim.

What is Personal Injury?
What financial compensation can I recover in a personal injury claim?
What are Negligence Defenses?
What is Contributory Negligence?
What is Comparative Negligence?
How do I prove negligence?
What is premises liability?
Can a property owner use deadly force to defend their property?
What should I do if I've been injured in a slip & fall accident?
What should I do if I've been injured in an automobile accident?
What is Assumption of Risk?
What is Liability?
What is strict or absolute liability?
What is Intentional Misconduct?
What is the Statute of Limitations?
How long will it take to settle my claim?
What is a tort?
What are Toxic Torts?
What is Toxic Mold Litigation?
What are Aviation Accidents?
What is Nursing Home Neglect?
What is Wrongful Death?
Under what circumstances can a wrongful death occur?
What is medical malpractice?
Does someone who is simply not satisfied with the results of surgery have a malpractice case?
What is a Contingency Fee?
How do I know if I need an attorney?



What is Personal Injury?
Personal injury is any physical or mental injury to a person that results from another person’s negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of Florida. Personal injury often refers to bodily injury and can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
Auto Accidents
Other Vehicle Accidents (Aviation, Bicycle, Boat, Motorcycle, Railroad, Truck)
Burn Accidents
Construction/On the job Accidents
Dangerous or Defective Products
Dog/Animal Bites
Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
Nursing home abuse and Neglect
Slip and Fall Accidents/Premise Liability
Spinal Cord Injury
Toxic Exposure
Traumatic Brain Injury
Wrongful Death
What financial compensation can I recover in a personal injury claim?
Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
Medical bills
Lost income, including overtime wages
Pain & Suffering
Physical Disability
Disfigurement
Emotional Trauma
Mental Disability
Property Damage

What are Negligence Defenses?
In the case of negligence, damages awarded for a negligence claim may be reduced if there existed some type of contributory or comparative negligence. In some cases, if an assumption of risk was involved, the case may be dropped or the award reduced depending on the circumstances.


What is Conributory Negligence?
The term contributory negligence is used to describe the actions of an injured person that may have also caused that person's own injuries. For example, a person who ignores a "Wet Floor" sign and slips and falls in the supermarket may be found to have been careless and at fault for any injuries sustained. Contributory negligence can prevent a person from collecting any monies to compensate for injuries suffered, even if that person's carelessness was minor. Some states have done away with the concept of contributory negligence and instead use the concept of "comparative negligence."

What is Comparative Negligence?
Comparative negligence works on a percentage basis to assign a degree of fault for the injuries sustained. For example, a plaintiff in a products liability case cannot be found more than fifty percent at fault in order to be compensated for their injuries. If a plaintiff is found to be fifty-one percent at fault, he or she will not receive any damages for said injuries. Plaintiffs who are found to be less than fifty-percent at fault, however, are awarded compensation in accordance to their percentage of fault.
For example, a person slips and falls on a wet supermarket floor and is awarded $100,000. The supermarket is found to be eighty-percent responsible for the accident because of dangerous floor conditions. However, the injured plaintiff is found twenty percent responsible for not exercising caution, so the award is reduced to $80,000.

How do I prove negligence?
The burden of proof in a tort case, as in most civil law cases, is lower than the proof required in criminal law cases. In a criminal case, the state must prove a person's guilt beyond a reasonable doubt. To win a personal injury lawsuit based on tort law, the plaintiff need only prove that a majority of the evidence shows that an injury was caused by the defendant's negligent actions. This standard of proof is called "the preponderance of the evidence." The different burdens of proof mean that a company might be acquitted of criminal charges stemming from its actions, but be found liable in a civil lawsuit stemming from the same actions.

What is premises liability?
Premises liability generally refers to accidents that occur due to the negligent maintenance, or unsafe conditions upon property owned by someone other than the injured victim. The State of Florida requires landowners to maintain their property in a manner that does not cause injury to those that, for various reasons, visit the property. This law pertains to both business owners and homeowners. Crucial to a premises liability settlement is being able to show how long the defect or injury inflicting element was there, how visible it was, and how much notice the owner had of the dangerous condition before the accident.

Can a property owner use deadly force to defend their property?
No, a property owner may not use deadly force to defend their property. The life, health and safety of an individual, albeit an intruder, is considered to be more valuable to society than the material possessions in which that individual is trying to steal. However, a property owner is not prohibited from defending said property from another. For example, a property owner is entitled to use reasonable force to prevent someone, or something, from entering their property, or to remove someone from their property. Only the use of force calculated to do great bodily injury, or cause death, is not permitted.

However, there are legal loopholes to these guidelines. If an intruder threatens personal safety, or is committing a forcible felony, deadly force may be appropriate. For example, if a robber enters a home and, while stealing items, attempts to rape the property owner, the owner may be legally justified in shooting the robber.

What should I do if I've been injured in a slip & fall accident?
Most businesses and homeowners carry liability insurance to protect them in the event that someone is injured while on their property. The owner or possessor of a residence, land or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises; i.e. individuals visiting for business or pleasure. In such cases, the owner, company or person must inspect the premises to discover any dangerous conditions and warn the invitee of dangers upon said premises. Those injured by a negligent owner or possessor of a premise may recover damages for their injuries, including loss of income, medical expenses, pain and suffering, etc.

What should I do if I've been injured in an automobile accident?
When a motor vehicle is in an accident, it is important that certain action is taken. The name and address of the operator of each vehicle should be obtained. Additionally, the name and address of the owner of each vehicle involved should be obtained and license plate number of all vehicles should be recorded. Lastly, the name of the automobile insurance company for each vehicle should be obtained. If possible, obtain the names, addresses and telephone numbers of any witnesses to the accident.

If there has been any type of injury, the police should be called to investigate the accident. The police officer will write a report which includes the details of the accident and the nature and extent of any damages and injuries. Insurance companies will require that a report of the accident be obtained before providing any benefits. It is most important to immediately contact your own motor vehicle insurance company to report to them any property damage or personal injury. If you or a family member is injured in a motor vehicle accident, prompt medical attention should be obtained.

If you are seriously injured in an automobile accident as the result of someone else's negligence, please contact Florida personal injury Attorneys at Rosenberg & Rosenberg, P.A., today, for more information.

What is Assumption of Risk?
If you have knowingly and voluntarily assumed the risk inherent in a particular action that caused an accident, you cannot sue another person for negligence. For example, if you went to a friend’s house and they told you not to go out the backdoor because the deck was being repaired and after being told you still went out the backdoor, you assume the risk. If you become injured in most jurisdictions, under the doctrine of the assumption of risk, you would most likely not be able to collect damages.

Another example of assumption of risk is participation in a sport in which certain risks are inherent to the game. For example, if you are playing football and you get tackled and break an arm, you may not sue the person who tackled you. On the other hand, if you are playing tennis and a fight breaks out and you injured as a result of the altercation, you may be able to sue the person who injured you, since the assumption of risk does not cover any injury that was intentionally inflicted and not an inherent part of the game.


What is Liability?
The term liability generally means that an individual, company or some other entity may be obligated to pay damages or compensation to another. The negligent driver, manufacturer or seller of a product may be responsible or liable to pay for damages, including pain and suffering and financial losses, if they are caused by their carelessness.

What is strict or absolute liability?
Strict or absolute liability means that the defendant is responsible for injuring another person regardless of negligence or intent. It means that the manufacturer of a product is liable for selling any defective product that is considered "unreasonably dangerous" and results in injury either to the buyer or someone else who uses it. In strict product liability, it is unnecessary to prove that the manufacturer was negligent; all you have to do is show that the product was defective, that it was allowed to be sold, and that the injuries were caused by the defect in the product.

Some instances in which the law might apply strict liability are with regard to product liability, abnormally dangerous or ultra-hazardous activities, and animal owner's liability. For example, a plaintiff may be entitled to compensation after a defective product injures him or her regardless of whether the manufacturer was actually negligent.

What is Intentional Misconduct?
Intentional misconduct is a deliberate action resulting in an injury to another person or damage to another person's property. A plaintiff alleging intentional misconduct need not compare the defendant's actions to those of a reasonable person; he or she only must show that the defendant intended his or her actions. In a civil lawsuit in which the plaintiff alleges intentional misconduct, the plaintiff can recover punitive damages in addition to awards for injuries, pain and suffering.

What is the Statute of Limitations?
Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore.

Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident. For more information regarding the limitations for your specific case, please contact Florida personal injury Lawyer Rosenberg & Rosenberg, P.A..

How long will it take to settle my claim?
The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case the longer it may take to settle. Many cases can take anywhere from 3 to 18 months to settle depending on its complexity.

What is a tort?
A tort is a civil wrong recognized by law as grounds for a lawsuit. Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products). These wrongs result in an injury or harm constituting the basis for a claim by the injured party (tort litigation).

What are Toxic Torts?
Toxic torts are caused by exposure to toxic or dangerous substances, chemicals, dangerous forms of energy, and medical products or devices. Toxic tort cases are usually brought as class action lawsuits, because usually the same toxin affects large numbers of people.
Plaintiffs who win toxic tort lawsuits can recover monetary damages for past and future medical expenses, past and future pain and suffering, lost wages, loss of future earning capacity, loss of enjoyment of life, emotional distress and sometimes punitive damages.
Because the effects of toxic substance exposure may take years to manifest, it may be months or years before the toxic tort case is actually litigated. Examples of toxic tort cases include, but are not limited to:
Asbestos
Chemicals
Pharmaceuticals
Cosmetics
Pesticides
Radiation or Electromagnetic Energy
Medical Products and/or Devices
Well Water Contamination Caused by Oil, Gas or Other Toxins
There are many different ways to establish liability in a toxic tort case including negligence, premises liability, breach of warranty, misrepresentation and products liability. In litigating a toxic tort case, the plaintiff must prove that:
He or she was exposed to the toxic substance, energy, product or device
The defendant(s) caused his or her injuries
He or she suffered damages from exposure to the toxic substance, energy, product or device

What is Toxic Mold Litigation?
A related practice area is toxic mold litigation, where the exposure is to toxic molds rather than toxic substances, energy, products or devices. Molds are microscopic fungi that need plant and animal matter in order to grow. Molds are found in almost every environment outdoors, and in homes and buildings. Household molds exist in colors such as red, green, blue-green, brown and black. Most molds pose little or no health risks to people, but exposure to some molds (including two household varieties) can cause severe health complications and even death for infants and sensitive individuals. A few examples of toxic molds include:
Aspergillus
Fusarium
Memnoniella (toxic household mold)
Paecilomyces
Penicillium
Stachybotrys (toxic household mold)

What are Aviation Accidents?
Aviation accidents occur in a variety of different situations. While the most common aviation accidents are those involving commercial airlines, many accidents occur with private airplanes, as well as commercial and private helicopters. The leading causes of commercial airline accidents include engine failures, controlled flight into terrain, approach and landing, loss of control, runway incursions and weather (including turbulence). Private or "general" aviation accidents can include controlled flight into terrain, weather, loss of control, and runway incursions.
Depending on the circumstances surrounding the accident, the investigation is conducted by one or more of the following agencies: National Transportation Safety Board (NTSB), Federal Aviation Administration (FAA), Transportation Security Administration (TSA) and Federal Bureau of Investigations (FBI). But, accident investigations may also involve foreign or local authorities, or the Departments of Justice, State and/or Defense. Agencies such as the American Red Cross, Department of Health and Human Services, and the Federal Emergency Management Agency may also be involved in providing services to victims and their families.

What is Nursing Home Neglect?
The State of Florida has special laws enacted for the specific purpose of protecting the elderly population (over 65) and dependent adults. These laws were designed to encourage victims and their attorneys to pursue legal cases against all persons or entities that abuse or neglect this vulnerable segment of society. Elder, disabled and dependent adults depend on nursing homes to provide most if not all of their daily care, which includes food, water, medicine, toileting, grooming, social and physical stimulation, as well as regularly being turned in their beds. However, because nursing homes are not sufficiently staffed, and the staff there is generally underpaid, millions of elder and dependent adults are currently being neglected and abused. Signs of nursing home abuse and neglect include:
Bed sores (pressure sores, decubitus ulcers)
Burns
Rapid weight loss
Unexplained bruises
Emotional withdrawal
Malnutrition or dehydration
Heavy sedation

Inability of caretakers to explain patient’s condition
Whether it is a single incident that causes injury or recurrent neglect or abuse, the victim or his/her next of kin has a right to bring claims against the nursing home under the nursing home neglect laws. If the nursing home is found to be negligent or abusive, the victim and/or next of kin will generally be awarded monetary compensation and the nursing home could potentially lose its certification for failing to supply the expected care (leading to a loss of federal funding).
The best prevention of neglect and abuse is attentive family members, who, on an ongoing basis, are aware of the general health of their vulnerable relatives. If you suspect that you or a loved one is or was subject to an abuse or neglect, it is important to report that abuse or neglect right away. Florida nursing home abuse Attorneys at Rosenberg & Rosenberg, P.A. has prosecuted many cases involving the abuse or neglect of the elderly and dependent and provides free consultation to any individuals who believe that abuse or neglect may have been committed.

What is Wrongful Death?
Wrongful death occurs when a person's death was caused by the negligent, willful, or wrongful act, neglect, omission, or default of another, such as careless driving or a deliberate murder. In addition to injuring the person who died, people who depended upon the deceased for financial or emotional support may be entitled to compensation for the wrongful death. The State of Florida has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act.

Under what circumstances can a wrongful death occur?
Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:
Medical malpractice resulting in decedent's death
Neglect or abuse on the part of a nursing home that results in decedent's death
Automobile, bus, train, airplane or other common carrier fatality accident
Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.)
Death during a supervised activity (sports tournament, field trip, etc.)

What is medical malpractice?
Medical malpractice is negligence committed by a professional health care provider-a doctor, nurse, dentist, technician, hospital, or hospital worker-whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Most medical malpractice cases are based on the concept of negligence-that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved for the patient’s condition.

Does someone who is simply not satisfied with the results of surgery have a malpractice case?

No. In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean that negligence occurred. To succeed in a medical malpractice case, a plaintiff has to prove that a medical injury or related damages resulted from the doctor's deviation from the standard of care pertaining to the procedure, not that the results from a standardized medical treatment were unsatisfactory.

What is a Contingency Fee?
A contingency fee is an industry standard fee that is applied to personal injury cases and is dependent upon the successful resolution of your case. A contingency fee is a percentage of the monetary recovery obtained by counsel on a client's behalf and is only paid if and when counsel is successful in obtaining monetary recovery, whether through settlement or litigation. The industry-standard contingency fee is about one third of the awarded settlement. A contingency fee is the form of payment earned by a lawyer when he or she states that "there is no fee unless we win your case." Florida personal injury Attorneys at Rosenberg & Rosenberg, P.A. uses contingency fees for his personal injury cases and will not charge you for services rendered unless you are awarded monetary recovery.

How do I know if I need an attorney?
If you have been seriously injured in South Florida, or within the surrounding areas of Florida, and are unsure about the outcome of your injury, consult with an experienced personal injury attorney as soon as possible. Make sure this is done before you give any official statements or sign papers of any kind. Florida laws require filing a lawsuit within a specific period of time. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries. Serious injury Attorneys at Rosenberg & Rosenberg, P.A. can advise you on the applicable statute of limitations for your injury case.