Personal Injury Lawyer Serving Pembroke Pines
Pembroke Pines is a city located in Broward County, Florida that is home to over 150,000 residents. It is the County’s second-largest city in population. Residents and visitors alike can enjoy a round of golf at the Pembroke Lakes Golf and Racquet Club , which was opened to the public in 2007. Other attractions in Pembroke Pines include The Shops at Pembroke Gardens, Pines Ice Arena, and C.B. Smith Park. As with any other city in the country, people there can find themselves hurt in an unexpected accident. If you or a loved one has been harmed near Pembroke Pines by someone else’s reckless or careless behavior, the experienced injury attorneys at Frankl & Kominsky can help you take legal action in pursuit of the compensation you deserve. We are available to represent individuals throughout South Florida in lawsuits involving car, truck, and motorcycle wrecks, slip and falls, defective products, medical malpractice, wrongful death, and more.Do You Have the Right to File an Injury Claim?
Victims of accidents can take legal action by filing a negligence lawsuit against the party that caused their injuries. These claims start by showing that the defendant had a duty to exercise reasonable care and breached that duty. A duty of care is an implicit obligation that each of us owes to anyone who might foreseeably be affected by our actions. After establishing that the defendant violated this duty of care, the victim must prove that the breach directly caused his or her injuries and that actual damages were caused by the injuries.
While accidents can happen anywhere, here are some examples 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 pavement at the entrance to his shop, 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 victim for 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 contributed to the accident, it will not be denied unless the defendant had no responsibility at all for harming you. If a court finds that you were partially at fault for your injuries, your total compensation award may be reduced by your percentage of fault. This is known as the Comparative Negligence Rule 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 burial and funeral expenses, loss of income and lost support or companionship after the death of a beloved family member.
For 2018, Broward County has reported the following vehicle accident statistics:
- Total bicycle crashes: 726
- Injuries for all crashes: 16,684
- Fatalities for all crashes: 237
- Total hit-and-run accidents: 12,104
- Total pedestrian fatalities: 72
- Total hit-and-run fatalities: 16
- For all crashes: 41,082
- Motorcycle and Scooter Injury Claims: Motorcyclists who are injured by the drivers of a larger vehicle who drive drunk, speed or have been distracted when texting
- Bus Injury Claims: Passengers who have been injured because the owner or operator of the bus has neglected to maintain the bus, has been distracted, is driving even though tired or was driving while under the influence of drugs or alcohol
- Bicycle and Pedestrian Accident Claims: Victims who have suffered injuries that were the fault of reckless or distracted drivers
- Slip, Trip and Fall and Premises Liability Claims: If you were injured in a slip and fall at; a home or a private property, a department store, a grocery or home, a parking lot, you may have a claim for your injuries
- Boat, Cruise, or Jet Ski Injury Claims: When passengers have been injured due to excessive speed, boat or watercraft malfunctions, striking another boat or watercraft or a lack of medical supplies.
- Car and Auto Accidents Claims: Injuries from accidents that involved a negligent or reckless vehicle operator, or while you are a passenger in a vehicle
One of the more common Pembroke Pines personal injury accidents will involve negligence on the part of another. There are a number of statutes that cover personal injury cases. For premises liability claims, attorneys may refer to the following:
- 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.
All personal injury cases are subject to the Florida Statute of Limitations, which is a specific time frame during which you must file your lawsuit. The statute of limitations for personal injury and wrongful death lawsuits differ. 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 claim within the applicable statute of limitations, your lawsuit will likely be dismissed and you may be barred from pursuing your claim.
Of course, there are a few rare exceptions and should be discussed with a personal injury lawyer serving Pembroke Pines.How Will an Injury Lawyer Help My Case
If you or someone close to you has been hurt because of the misconduct of another person or entity, you may have legal options. While you should consult an attorney to discuss your specific situation, you often will be able to bring a negligence claim against whoever was responsible for your injuries.
Establishing negligence requires a victim to demonstrate that the defendant had a duty of care and breached it. The victim also must show that the violation led to an accident in which he or she was hurt, and that compensable damages resulting from his or her injuries.
A duty of care refers to the implicit notion that everyone in society needs to behave in a way that prevents unreasonable risks of foreseeable harm to others. It usually consists of acting as a typically prudent person would act in similar circumstances. For example, an ordinary driver on a Florida highway would obey the rules of the road rather than needlessly endangering the safety of other drivers and passengers.
A breach of the duty of care simply means that the defendant's conduct fell short of what would be expected from a reasonable person. A motorist who is texting and driving probably has violated this obligation because that behavior causes an unnecessary distraction that can enhance the risk of a crash.
The third element that an injured person must establish in a negligence claim is causation. The defendant's failure to conform to the duty of care must be the direct and proximate cause of the accident. Using the example above, distracted driving must be the reason the crash occurred.
Finally, the victim must show that he or she suffered quantifiable damages. If these are demonstrated, he or she may be eligible to recover medical costs, property damage, pain and suffering, rehabilitation costs, missed wages, and more. The money can be awarded in a lump sum or over time.
If a close relative of yours has died due to the reckless conduct of someone else, you may be able to file a wrongful death claim against the responsible party. In Florida, the personal representative of the deceased person’s estate must bring the lawsuit on his or her behalf. If the claim succeeds, certain surviving family members may receive a share of the compensation. In Florida, you have two years from the time of death to file a wrongful death lawsuit.What Should You Do After an Accident & Injury?
If you’ve been injured, these are some things that you should consider:
- Report the accident and injury to the authorities and property owner
- Pembroke Pines Police Department | 954-431-2200
- Get a copy of the accident report or incident report
- If possible, document the scene of the accident with videos and photos
- If there are any witnesses, get their contact information.
- Go to your own doctor or a local emergency room
- Example: Memorial Hospital Pembroke | 954-276-5500
- 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.
- You should NEVER neglect your symptoms of injuries. If you prolong treatment, you may cause deeper medical issues. You SHOULD seek immediate medical care by a qualified doctor or medical facility such as an emergency room or urgent care.
- You should NEVER post information including the details of your case, who was at fault, or photos of your injuries.
- You should NEVER give a statement to an insurance company. This is only one of the ways they may lessen the value of your claim or try to shift fault to you.
- You should NEVER try to negotiate a settlement without consulting an experienced injury attorney. Insurance companies can be notorious for offering a quick and easy settlement without mentioning the cost of future medical treatment such as MRIs, Chiropractic care, or prescription medication
At Frankl & Kominsky, we pride ourselves on providing our clients with superior customer service. We take a one-on-one approach to the way we deal with our clients. If you have been injured due to someone else’s careless behavior, you should have a dedicated legal team fighting for your rights. Our Florida accident lawyers are committed to helping injured victims. We have over 40 years of combined legal experience handling accident and injury cases, and we are available to assist you in your negligence claim.
When you've been in an accident, taking the next steps can be confusing, burdensome, and highly stressful. At Frankl & Kominsky, our personal injury lawyers are available to work closely with clients in Pembroke Pines and throughout South Florida to help them to understand their legal rights and legal options.
While we aim to settle cases in a quick manner for each individual whom we represent, and if necessary, we will advocate for you in court. We are proud to represent clients all across South Florida. To learn more, contact us online or call us toll-free at 954-627-1661. We speak Spanish and Creole.