Personal Injury Lawyer Serving Davie
Located in Broward County, Florida, the town of Davie has a population of over 90,000 residents and extends across 35 lush square miles. Davie is home to the Miami Dolphins, an NFL team. The town also boasts many attractions for residents and visitors to enjoy, including Flamingo Gardens, Bar-B-Ranch, and the Butterfly Pavilion . Although it is a pleasant place to live or visit, a number of people there are harmed in accidents every year. If you have been hurt in Davie by someone else’s carelessness, the experienced injury lawyers at Frankl Kominsky are available to help. Our firm handles virtually all types of personal injury cases, ranging from ordinary car accidents to claims arising from an individual’s wrongful death.
For 2018, Florida has reported the following auto-related injury statistics:
- Total bicycle crashes: 6,575
- Total hit-and-run fatalities: 215
- For all crashes: 402,592
- Injuries for all crashes: 254,873
- Fatalities for all crashes: 3,174
- Total hit-and-run accidents: 102,756
- Total pedestrian fatalities: 702
One of the more common Davie personal injury accidents will involve negligence on the part of another. There are a number of statutes that cover personal injury cases. In a slip and fall or a trip and fall claim, Davie personal injury lawyers may refer to:
- Statute 768.0755 (1) Which will apply to premises responsibility for random articles that are not immediately removed on the premises of commercial buildings.—
- Statute 768.10 relates to pits and holes that shouldn’t have been left open. It is not lawful for any company or individual to leave open any pit or other hole outside of an enclosure of a greater depth and breadth than 2 feet; provided, however, such pit or hole may be left open by enclosing the same with a fence or other enclosure
(1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.
The Statute of Limitations for personal injury and wrongful death lawsuits differ from state to state. In Florida, you must file a personal injury lawsuit within four years from the date of the accident. In wrongful death cases, the time frame to file is two years from the date of the death. If you fail to file your lawsuit within the applicable statute of limitations, your lawsuit will most likely be dismissed and you may be barred from pursuing your claim. For further guidance be sure to contact a Florida personal injury attorney.What Are Some of the Most Common Personal Injuries Following an Accident?
Some of the most common injuries sustained by those in personal injury accidents include:
- Neck, Back and Spine Injuries: symptoms of a back injury includes extreme back pain or pressure in your neck, head and back, numbness, tingling or loss of sensations in your hands, fingers, toes or feet.
- Broken or Fractured Bones: symptoms include bruising, swelling, tenderness, deformity, and severe pain
- Traumatic Brain Injuries: some symptoms of a brain injury include Uncharacteristic aggression, Varying mood changes, Chronic depression, Complete amnesia, Long and short term memory problems
- Dislocated Shoulder: symptoms of a dislocated shoulder include intense pain, swelling, bruising, and limited movement or motion
Other common injuries include:
- Injuries to the Hip, Knee or Elbow
- Internal Bleeding
- Herniated Discs
- Cuts, Scrapes, and Bruising
If you’ve lost a loved one due to the negligence of someone else, you may be eligible to pursue a wrongful death claim against whoever was responsible. If you think you may have a wrongful death claim, you should consult a Florida attorney immediately.How Does a Hiring a Personal Injury Attorney Help My Claim
If you or someone you love has been hurt or injured, your first priority should be to seek immediate medical treatment. Your health and recovery should be your focus.
- If you are injured in an auto-related accident, our car accident attorneys can assist with setting up your initial claim with the insurance company and trying to assist with property damage.
- If you are injured in a slip and fall accident, our slip and fall lawyers will try to help to preserve the scene of the accident, and open a claim for a premises liability.
The claims process can be frustrating and could cause the added stress of dealing with property damage, gathering your medical records, and figuring out lost wages.
It’s important to note that it's a common practice of the insurance companies to contact the injured party and request a recorded statement. Call our injury lawyers in Broward County before giving any statements.
Let our Broward injury lawyers handle the insurance companies while you focus on your recovery.Do You Have the Right to File a Personal Injury Claim?
If you were injured due to another's negligence or recklessness, or you were injured on someone's property, you may be eligible to file a personal injury claim.
Victims of accidents can take legal action by pursuing a negligence claim against the party that was responsible for their injuries. You must establish that the liable party violated a duty of care. A duty of care is an implicit obligation that each of us owes to anyone who might foreseeably be affected by our actions. It requires every person to act at least as carefully as a reasonable person would act in a similar situation. After establishing that the at-fault party violated this duty of care, the victim must prove that the violation directly caused his or her injuries to be able to recover compensation.
While accidents can happen anywhere, here are some common ways in which negligence claims arise:
- A car driver texts while driving and collides with someone else on the road.
- A store owner fails to fix broken or uneven pavement at the entrance to his property, causing a customer to slip and fall.
- A manufacturer sells a swing set with a cracked chain that ultimately injures a child.
Once liability is established, the defendant may be required to compensate the injured person for many types of damages arising from the accident. Typically, a victim may be able to recover past, current and future medical bills, lost income and benefits, pain and suffering, property damage, and any other costs related to his or her specific circumstances.
While your total recovery can be affected if you were partially at fault for the accident, it will not be denied unless the defendant had no responsibility at all for harming you. If you were partially at fault for your injuries, your total compensation award may be reduced by your percentage of fault. This is known as Comparative Negligence under Florida law. For example, if someone is deemed to be 25 percent at fault for a particular accident, that person will be able to recover 75 percent of the total damages.
If you suffered the tragic loss of a loved one in an accident, you may be able to pursue a wrongful death claim against whoever was responsible. Under the Florida Wrongful Death Act, certain surviving family members, such as a spouse, child, or parent, can seek compensation for funeral and burial expenses, lost support or companionship after the death of a beloved family member.
Damages That You May Be Able to Recover In Your Personal Injury Accident
- Past and Future Medical Care and Treatment
- Including: Home health care, wheelchairs, walkers, lifts, and long-term care facilities
- Lost Wages and Loss of Future Income
- Pain and Suffering
- Property Damage
- Home Renovation for Accessibility
If you’ve been injured, these are some things that you should remember:
- Report the accident and injury to the authorities. If you were injured in a slip and fall, report the accident to the property owner.
- Get a copy of the accident report
- Seek Immediate Medical Care from a qualified medical professional
- Contact an experienced personal injury lawyer for a Free Consultation
Davie Police Department | 954-693-8200
If possible, document the scene of the accident with videos and photos. Be sure to get the contact information and statements from any witnesses
Example: Emergency Center at Davie | (866) 747-5834
Keep a journal or record of your injuries, medical treatment, and how the injury has impacted your life. Also, make sure to keep a copy of all medical expenses. All of your medical information should be kept in a separate location in your home in order to have easy access when needed.
- DO NOT neglect your injuries or fail to seek medical treatment by a qualified doctor or medical professional
- DO NOT post the information about the accident or your injury on Social Media
- DO NOT give a recorded statement to the insurance company without contacting a personal injury attorney
- DO NOT try to negotiate a settlement offer without speaking to an injury lawyer
If you have been hurt because of someone else’s actions, the law recognizes your right to seek compensation through a personal injury lawsuit. Typically, such lawsuits are filed under the theory of negligence. An accident victim who succeeds in a negligence claim may be able to recover damages for pain and suffering, lost income and benefits, loss of earning capacity, past and future medical expenses, property damage, and any other costs that may apply to his or her specific situation.
However, before you can recover compensation, you must prove each of the elements of negligence in order to establish a defendant’s liability. Negligence is a failure to use reasonable care that results in damage or injury to another person. To show negligence, you must prove that:
- The defendant in your case owed you a duty to take reasonable care;
- The defendant breached that duty by a careless action;
- The defendant’s breach caused the accident that harmed you; and
- You suffered quantifiable damages as a result of your injuries.
Reasonable care is assessed by how a reasonably prudent person would have behaved in the same or similar circumstances. Some examples of people failing to exercise reasonable care include a driver breaking traffic laws, a physician or nurse carelessly mistreating a patient, or a property owner failing to clean up a spill on the floor. Unfortunately, these breaches of duty are relatively widespread.
In addition to showing that the defendant breached a duty of care, you must prove that the defendant’s negligent conduct was the direct cause of your injuries. This means that you would not have been injured if the defendant had not acted negligently, and that the harm that you suffered was a reasonably foreseeable result of the defendant’s actions or inactions.
If you’ve lost a loved one due to the negligence of another person, you may be able to file a wrongful death lawsuit under the Florida Wrongful Death Act. This law allows certain family members of a deceased person to seek compensation for things including funeral expenses, loss of earnings, lost support and services. There are strict requirements as to who can file a wrongful death claim.Top 6 of Personal Injury Claims That We Handle in Broward County
- Premises Liability or Slip, Trip and Fall Claims: If you were injured in a slip and fall at a grocery or department store, private property or home, a parking lot, you may have a claim for your injuries
- Automobile or Car Accident Claims : accidents involving a negligent or reckless driver, or while you are a passenger in a vehicle
- Motorcycle, Cafe Bikes, Sport Bikes, Cruisers and Scooters: Motorcyclists who are injured by operators or drivers of larger vehicles who speed, drive drunk, or are distracted by texting
- Public Transportation, Charter Bus or Tour Bus Injury Claims: Passengers who are injured because the owner or operator fails to maintain the bus, is distracted, is driving while tired or driving while under the influence of drugs or alcohol
- Yachts, Boat, Pontoon, Watercrafts, Jetski Injury Claims: When passengers are injured due to lack of medical supplies, excessive speed, boat or watercraft malfunctions, striking another boat or watercraft
- Bicycle and Pedestrian Accident Claims victims who have been seriously injured by reckless or distracted drivers
At Frankl Kominsky, we pride ourselves on providing our clients with superior customer service. If you have been injured due to someone else’s carelessness, there is no substitute for having dedicated legal representation on your side. Our Florida accident lawyers are committed to helping injured victims. Our firm has over 40 years of combined experience handling accident and injury cases, and we are available to assist you in your negligence claim.
Since negligence claims may be highly fact-intensive, having a dedicated legal team on your side can make all the difference. At Frankl Kominsky, our accident attorneys are committed in trying to maximize the chances of recovery for victims in Davie and other South Florida areas. We try to investigate the facts, collect evidence, consult experts, and we strive to build your case to the best of our ability. For a free case evaluation, you can contact us online or call us toll-free at (561) 567-0214. We are fluent in Spanish and Creole.