Britto & Herman Law Firm

Category: FAQ

  • Personal Injury FAQs

    Personal Injury FAQs

    Frequently Asked Questions About Personal Injury Claims in Florida

    What is considered a personal injury?

    Personal injury refers to physical, emotional, or psychological harm caused by negligence or the unintentional actions of others. Individuals who have suffered a personal injury may pursue a personal injury claim to seek appropriate financial compensation from the at-fault party or their insurance company by proving negligence and liability under the law with the guidance and representation of a personal injury attorney. Request a free consultation if you have been injured in Florida due to someone else’s carelessness.

    How long do I have to file a personal injury claim in Florida?

    In Florida, the statute of limitations for personal injury claims is generally two years from the date of the accident.

    How is fault determined in a personal injury case in Florida?

    In Florida, fault in a personal injury case is established by proving negligence or wrongful conduct on the part of another party. More than one party may be partially at fault, and the degree of fault can affect one’s potential compensation or even their eligibility for compensation if they were over 50% at fault for the accident.

    Can I still file a personal injury claim if I was partially at fault for the accident in Florida?

    Florida follows a modified comparative negligence rule, allowing individuals to seek compensation even if they are partially at fault. The potential compensation that may be awarded to an injured person would be reduced based on their degree of fault. Individuals deemed to be over 50% at fault are not eligible for compensation in Florida.

    How can I prove damages in a personal injury claim in Florida?

    In Florida, you may be able to prove damages in a personal injury claim through medical records, bills, and witness testimony that can help establish the extent of your injuries and financial losses. Seeking appropriate medical attention and preserving evidence following your injury can therefore strongly affect your claim. Consult with an experienced personal injury attorney to explore your options, build your strategy, and help substantiate the extent of injuries and losses.

  • Catastrophic Injuries FAQs

    Catastrophic Injuries FAQs

    Frequently Asked Questions About Catastrophic Injury Accidents in Florida

    What qualifies as a catastrophic injury?

    Catastrophic injuries are severe and often permanent injuries that significantly impact the victim’s life. Common examples include spinal cord injuries, traumatic brain injuries, amputations, and serious burns.

    What types of damages can be claimed in a catastrophic injury claim?

    Damages in catastrophic injury claims may include medical expenses, lost wages, future earning capacity, pain and suffering, rehabilitation costs, and loss of enjoyment of life.

    Is there a time limit to file a catastrophic injury claim in Florida?

    In Florida, the statute of limitations for filing a catastrophic injury claim is generally two years from the date of the injury. It is therefore crucial to act promptly to preserve your legal rights. An experienced Florida catastrophic injury attorney can guide you.

    How is liability determined in catastrophic injury cases in Florida?

    In Florida, liability in catastrophic injury cases is typically determined through the principle of negligence. This means that the responsible party failed to exercise reasonable care, leading to the injury.

    Florida follows a modified comparative negligence rule, which means someone can still pursue a claim even if they may have been partially responsible for the accident that caused their injury — but their potential compensation would be reduced by their percentage of fault. Additionally, an injured person deemed over 50% responsible for their injuries would not be eligible for potential compensation.

    How do I determine if I have a valid catastrophic injury claim?

    A catastrophic injury is generally one that involves severe impact on one’s life and/or capabilities, and this often involves long-term disabilities, extensive medical treatment, loss of income, and significant pain and suffering leading to decreased quality of life for which one may be able to seek financial compensation through a catastrophic injury claim. However, the validity of an injury claim depends upon negligence and the unique facts of your case. An experienced Florida catastrophic injury attorney can help you assess the validity of your catastrophic injury claim and guide you through your next steps during a free consultation.

    Should I accept an early settlement offer for a catastrophic injury claim?

    It is wise to consult with an experienced personal injury attorney before accepting any settlement offer to ensure you pursue fair compensation that considers the long-term impact of your injuries. Accepting a low settlement offer can prevent you from seeking appropriate compensation for your losses. A Florida catastrophic injury attorney can help you assess the proper value of your claim during a free consultation.

    How can an attorney help with a catastrophic injury claim in Florida?

    Catastrophic injuries involve very complex personal injury claims. If you or a loved one have suffered a permanent injury caused by someone else’s negligence, a Florida personal injury attorney experienced in catastrophic injury claims can assist in determining liability, damages, and representing your interests in court, in pursuit of appropriate compensation that may be available to you under the law.

  • Slip, Trip, and Fall FAQs

    Slip, Trip, and Fall FAQs

    Frequently Asked Questions About Slip, Trip, and Fall in Florida

    Who’s responsible for my injuries in a slip, trip, and fall case?

    In Florida, the responsibility for slip, trip, and fall injuries typically falls on the property owner or occupier. To hold them liable, you must prove that they were negligent in maintaining the property and that this negligence directly caused your injury.

    How long do I have to file a slip, trip, and fall lawsuit in Florida?

    The statute of limitations for filing a personal injury lawsuit in Florida, including slip, trip, and fall cases, is generally two years from the date of the accident.

    What is premises liability law?

    Premises liability law in Florida requires property owners to maintain their premises in a reasonably safe condition. They must fix any hazards and warn visitors of non-obvious dangers. Failure to do so can lead to liability for injuries.

    Does video surveillance help with slip, trip, and fall claims in Florida?

    Video surveillance can provide crucial evidence in a slip, trip, and fall claim. It can show the conditions at the time of the accident and help establish whether the property owner was negligent.

    What is constructive knowledge in slip, trip, and fall cases?

    Constructive knowledge means the property owner should have known about the hazardous condition through regular maintenance and inspection. This standard helps prove the property owner’s liability in slip, trip, and fall cases.

  • Pedestrian Accidents FAQs

    Pedestrian Accidents FAQs

    Frequently Asked Questions About Pedestrian Accidents in Florida

    What compensation can a pedestrian accident victim seek in Florida?

    Victims of pedestrian accidents in Florida can seek compensation for medical expenses, lost wages, pain and suffering, and other damages related to the accident.

    Are there specific laws that protect pedestrians in Florida?

    Florida law provides various protections for pedestrians, including right-of-way rules at crosswalks and requirements for drivers to yield to pedestrians. Your attorney can explain how these laws may affect your pedestrian accident claim.

    Can a pedestrian be held partly responsible for the accident in Florida?

    Florida follows a modified comparative negligence rule, which means the percentage of fault in causing the accident may reduce the injured pedestrian’s potential compensation.

    How long do I have to file a lawsuit after a pedestrian accident in Florida?

    In Florida, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. After two years, you may not be able to pursue a claim. However, this period may vary depending on specific circumstances. An experienced Florida pedestrian accident attorney can assess your unique case during free consultation.

  • Bike Accidents FAQs

    Bike Accidents FAQs

    Frequently Asked Questions About Bike Accidents in Florida

    What are the most common causes of bike accidents in Florida?

    The most common causes of bike accidents in Florida include driver inattention, failure to yield, poor road conditions, and driving under the influence of drugs or alcohol.

    What should I do immediately after a bike accident in Florida?

    Following a Florida bike accident, seek medical attention, document the scene with photos, collect contact information from witnesses, file a police report, and contact an experienced bike accident attorney.

    How can cyclists decrease their accident risk in Florida?

    Florida cyclists can decrease their accident risk by wearing helmets, using lights and reflectors, obeying traffic laws, avoiding distractions, and staying visible.

    What legal steps should I take if I am involved in a bike accident in Florida?

    If involved in a Florida bike accident, you should be sure to gather evidence, report the accident, seek medical care, consult with an experienced bike accident attorney, and refrain from making statements to insurance companies without legal advice.

    How long do I have to file a claim after a bike accident in Florida?

    In Florida, you generally have two years from the date of the accident to file a personal injury claim.

    Are there specific laws in Florida that affect cyclists?

    Cyclists in Florida must follow state laws, including riding on the right side of the roadway, using bike lanes where available, and adhering to traffic signals and signs.

  • Boating Accidents FAQs

    Boating Accidents FAQs

    Frequently Asked Questions About Boating Accidents in Florida

    How can boating accidents be prevented in Florida?

    Boating accidents can be prevented by following safety guidelines, such as maintaining a proper lookout, avoiding alcohol, obeying speed limits, and ensuring you have experienced and attentive operators.

    Are there legal requirements for reporting a boating accident in Florida?

    Florida law requires that boating accidents involving serious injury, death, or significant property damage must be reported to the Florida Fish and Wildlife Conservation Commission (FWC) or local law enforcement.

    What safety equipment is mandatory on boats in Florida?

    Mandatory safety equipment for boats in Florida includes life jackets, fire extinguishers, visual distress signals, sound-producing devices, and navigation lights. Specific requirements may vary depending on the size and type of the vessel.

    Why are boating accidents common in Florida?

    Boating accidents are common in Florida due to the state’s extensive coastline, high number of registered boats, and frequent recreational boating activities. Common contributing factors include operator inattention, inexperience, and violation of maritime rules. Many of these causes can involve negligence. Individuals injured in Florida boating accidents may be able to pursue an injury claim. An experienced Florida boating accident attorney can assess your case during a free consultation.

    Can you seek legal help if you’re involved in a boating accident in Florida?

    Florida has boating accident lawyers with extensive experience handling complex boating accident cases. A skilled boating accident attorney can help navigate the complexities of boating accident claims.

  • Trucking Accidents FAQs

    Trucking Accidents FAQs

    Frequently Asked Questions About Trucking Accidents in Florida

    How common are deaths in truck accidents in Florida?

    In 2022, Florida experienced 368 deaths due to large truck crashes, ranking it third in the nation for such fatalities.

    What should I do immediately after a truck accident in Florida?

    After a truck accident, you should call 911 to report the incident and seek medical attention. You should also gather evidence at the scene, such as photos and contact information of witnesses. Be sure to report the accident to your insurance company (don’t address or claim fault; only make them aware of the accident per your policy’s requirements), and consult with an experienced truck accident attorney to plan and strategize your next steps.

    Who can be held liable in a truck accident in Florida?

    Liability in truck accidents can involve multiple parties, including the truck driver, trucking company, vehicle manufacturers, or the entity responsible for cargo loading. An experienced Florida truck accident attorney can review evidence to identify and prove the liable parties — in addition to evaluating the damages you may be able to claim.

    How does a truck accident differ from a car accident?

    Truck accidents often involve more severe injuries due to the size and weight of trucks. Trucks also involve more complex regulations, and they typically have higher insurance policies. Trucking companies and their insurance companies are typically well-organized and prepared to fight against claims, so it is wise to work with a skilled attorney who is experienced in complicated trucking accident cases.

    Can I sue the trucking company for a truck accident in Florida?

    The trucking company may be responsible for the truck accident through negligence, such as inadequate training or violating safety regulations. If an appropriate insurance claim settlement cannot be reached, a skilled Florida truck accident attorney can file a lawsuit on your behalf to seek fair compensation.

    What evidence is crucial for a truck accident case in Florida?

    Crucial evidence in a Florida truck accident case includes the truck’s black box data, driver logs, maintenance records, eyewitness testimonies, and photographs from the accident scene. A skilled Florida truck accident attorney can guide you and work on your behalf to seek and present this evidence in your case.

    How long do I have to file a claim after a truck accident in Florida?

    In Florida, the statute of limitations for filing a personal injury claim after a truck accident is generally two years from the date of the accident.

    Why is it important to hire an experienced truck accident attorney?

    Truck accident cases are complex and require an understanding of federal and state trucking regulations. Experience with large insurance policies and knowledge of handling multiple liable parties is crucial in a truck accident claim.

  • Car Accidents FAQs

    Car Accidents FAQs

    Frequently Asked Questions About Car Accidents in Florida

    What should I do immediately after a car accident?

    After a car accident, ensure everyone’s safety, call 911, exchange information with the other driver, document the scene with photos, contact your insurance company, and consult an experienced car accident lawyer.

    What is the 14-day accident law in Florida?

    Under Florida’s 14-day accident law, car accident victims must seek medical evaluation and treatment within 14 days of their accident. Failing to do so will disqualify them from eligibility for personal injury protection (PIP) benefits.

    What is a car accident report, and how can I request one in Florida?

    A car accident report includes important details about the collision. You can request a copy by contacting the local police department or accessing the report online through the Florida Highway Safety and Motor Vehicles’ website.

    How do I file a car accident claim in Florida?

    To file a car accident claim, notify your insurance company promptly, provide all necessary documentation (including the accident report and medical records), and consider consulting an experienced car accident lawyer to ensure that the necessary legal aspects are covered. A Florida car accident attorney can guide you through the process and represent you, negotiating on your behalf and helping you avoid errors and pitfalls that can harm your claim.

    Can I sue for emotional distress after a car accident in Florida?

    Victims of a car accident can sue for emotional distress alongside other damages, such as medical expenses and lost wages.

  • Rideshare Accidents FAQs

    Rideshare Accidents FAQs

    Frequently Asked Questions About Rideshare Accidents in Florida

    How is fault determined in a rideshare accident in Florida?

    Fault in a rideshare accident is determined based on evidence from the accident scene, witness statements, and police reports.

    What should I do immediately after a rideshare accident in Florida?

    In the aftermath of a Florida rideshare accident, ensure everyone’s safety, call emergency services, document the scene with photos, gather witness information, and notify your insurance company. Then promptly contact an experienced Florida rideshare accident attorney to plan and strategize your next steps.

    How long do I have to file a claim after a rideshare accident in Florida?

    The statute of limitations for filing a personal injury claim in Florida is generally two years from the date of the accident.

    Who pays for my medical bills after a rideshare accident in Florida?

    Personal Injury Protection (PIP) insurance typically covers initial medical expenses in Florida. However, if the damages exceed PIP limits or you don’t have PIP insurance, the rideshare company’s or the driver’s insurance may cover the additional costs.

    Can I sue both the rideshare company and the driver in Florida?

    You may be able to file claims against both the rideshare company and the driver. The rideshare company may be liable if the driver logged into the app at the time of the accident. If fair and reasonable settlements cannot be reached with either party, a skilled rideshare accident attorney can pursue one or more lawsuits.

    What happens if the rideshare driver is not logged into the app at the time of the accident in Florida?

    The driver’s auto insurance would typically apply if the driver is logged out of the app at the time of the accident. However, the rideshare company’s contingent liability coverage might apply if the driver logged into the app but not on a ride. An experienced Florida rideshare accident attorney can help you investigate and assess the evidence to determine what insurance policies should apply in your unique accident case.

  • Wrongful Death FAQs

    Wrongful Death FAQs

    Frequently Asked Questions About Wrongful Death in Florida

    What is wrongful death?

    Wrongful death occurs when a person dies due to someone else’s negligence. It might occur due to a car accident, medical malpractice, a construction accident, a dangerous property, or a criminal or intentional act.

    Who can file a wrongful death lawsuit in Florida?

    In Florida, the personal representative of the deceased person’s estate can file for a wrongful death lawsuit on behalf of the eligible survivors, including spouses, children, parents, and other dependent relatives.

    Is there a statute of limitations for wrongful death claims in Florida?

    You must file a wrongful death lawsuit within two years from the date of death. Failure to file within this period can cause you to lose the right to seek compensation.

    How is negligence proven in a wrongful death case in Florida?

    To prove negligence in a wrongful death case, you and your attorney must show that the defendant owed a duty of care to the deceased, and that the defendant breached that duty. Furthermore, a wrongful death claim in Florida must also show that this breach of duty (negligence or carelessness) directly caused the decedent’s death.

    Depending on the details of the fatal incident, you and your attorney may use evidence such as medical records of the decedent (the person who died), vehicle damage, or other evidence demonstrating how and why the events occurred as they did — highlighting the role of the defendant’s carelessness in causing the death. This might involve some combination of accident reconstruction, records demonstrating distracted or impaired driving, or witness testimony.

    What damages might be recovered in a wrongful death claim in Florida?

    A wrongful death claim may seek damages (financial compensation for injuries or losses) for medical and funeral expenses, loss of income, loss of companionship, and mental pain and suffering. Each case is different, and an experienced Florida wrongful death attorney can guide you.

    How is potential compensation from a wrongful death claim distributed among survivors in Florida?

    Compensation from a successful wrongful death claim is distributed based on the relationship to the deceased and the extent of the survivors’ damages. The court oversees the distribution to ensure fairness.

    Do I need a lawyer to file a wrongful death claim in Florida?

    While not legally required, hiring an experienced wrongful death lawyer provides invaluable assistance when navigating the complex legal process of fighting for compensation and justice for your loved one.