Category: FAQ

  • Motorcycle Accidents FAQs

    Motorcycle Accidents FAQs

    Frequently Asked Questions About Motorcycle Accidents in Florida

    What should I do after a motorcycle accident in Florida?

    In the aftermath of a Florida motorcycle accident, seek medical attention, report the accident to the police, gather evidence (photos, witness information), and contact an experienced motorcycle accident lawyer to guide you through the legal process.

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

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

    What are my rights after a motorcycle accident in Florida?

    After a motorcycle accident in Florida, you have the right to seek compensation for medical expenses, lost wages, pain and suffering, and property damage. It’s crucial to consult with an experienced motorcycle accident lawyer to understand your legal rights and options.

    What if I was partly at fault for the motorcycle accident?

    Florida follows a modified comparative negligence rule, which means you can still claim damages even if you were partly at fault, but your potential compensation would be reduced by your percentage of fault. Additionally, an injured person determined to be over 50% responsible for their injuries would not be eligible for compensation in Florida.

    Can I file a claim for a motorcycle accident in Florida even if I wasn’t wearing a helmet?

    Florida law requires helmets only for riders under 21 or those without $10,000 in medical insurance. Not wearing a helmet doesn’t bar you from seeking compensation if the other driver was at fault.

    What are the most common causes of motorcycle accidents in FL?

    Common causes of motorcycle accidents in Florida include driver inattention, speeding, alcohol impairment, sudden stops, left-turn accidents, and lane splitting. Environmental factors like weather and road conditions also play a significant role.

    Should I hire a lawyer for a motorcycle accident claim in Florida?

    Hiring an experienced motorcycle accident lawyer can help you navigate the complexities of your motorcycle accident claim. A motorcycle accident lawyer can provide you legal representation, helping you to meet the necessary legal deadlines and pursue maximum compensation under the law.

  • Traumatic Brain Injuries FAQs

    Traumatic Brain Injuries FAQs

    Frequently Asked Questions About Traumatic Brain Injuries in Florida

    What is a Traumatic Brain Injury (TBI)?

    A traumatic brain injury or TBI is a severe injury to the brain caused by sudden trauma, such as a blow or jolt to the head.

    What are the symptoms of a TBI?

    TBI symptoms can range from mild (headache, confusion, dizziness) to severe (persistent headache, vomiting, seizures, slurred speech, loss of coordination).

    What are the common causes of TBIs?

    The common causes of TBIs include motor vehicle accidents, slips and falls, workplace accidents, sports injuries, and assaults.

    What are the treatment options for TBI?

    Treatment options for TBI vary depending on the severity of the injury. Treatment options include rest, medication, rehabilitation therapy, and, in severe cases, surgery.

    What is the statute of limitations for filing a TBI lawsuit in Florida?

    In Florida, the statute of limitations for personal injury cases, including TBIs, is generally two years from the date of the injury, but with some exceptions. It is wise to seek guidance from an experienced Florida TBI lawyer.

    How can a lawyer help with a TBI case?

    An experienced TBI lawyer can assist with navigating legal claims, handling insurance companies, and seeking fair settlements for medical expenses, lost wages, and pain and suffering.

  • Spinal Injuries FAQ

    Spinal Injuries FAQ

    Frequently-Asked Questions Regarding Spinal Injuries in Florida

    What constitutes a spinal cord injury?

    A spinal cord injury involves damage to any part of the spinal cord or nerves at the end of the spinal canal, often leading to permanent changes in strength, sensation, and other body functions below the site of the injury.

    Can I seek compensation for a spinal cord injury in Florida?

    If your spinal cord injury was due to someone else’s negligence or intentional harm, you might be eligible to pursue compensation for medical expenses, lost wages, pain and suffering, and/or other damages applicable to your case.

    What should I do if I believe my spinal cord injury in Florida was caused by another person’s negligence?

    Following a spinal cord injury, it is important to seek immediate medical attention, document all aspects of your injury and how it occurred, and consult a personal injury attorney experienced in spinal cord injury cases.

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

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

    How can a lawyer help with my spinal cord injury case in Florida?

    An experienced personal injury lawyer can help by evaluating your case, gathering evidence, negotiating with insurance companies, and advocating for your rights in court to seek fair and appropriate compensation for your injuries.

  • Swimming Pool Accidents FAQ

    Swimming Pool Accidents FAQ

    Frequently-Asked Questions Regarding Swimming Pool Accidents in Florida

    What constitutes a swimming pool accident in Florida?

    Florida swimming pool accidents can include drownings, near-drownings, slip and fall injuries, diving accidents, and injuries from pool equipment or chemicals.

    Who can be held liable for a swimming pool accident in Florida?

    Property owners, pool operators, and sometimes equipment manufacturers can often be held liable for Florida swimming pool accidents, depending on the circumstances of the accident.

    What are some common causes of swimming pool accidents in Florida?

    Common causes of Florida swimming pool accidents include lack of supervision, inadequate fencing or barriers, slippery surfaces, faulty pool equipment, and inadequate safety warnings.

    How do I know if I have a personal injury case from a Florida swimming pool accident?

    If you or a loved one were injured in a Florida swimming pool accident due to someone else’s negligence or failure to comply with safety regulations, you might have a case. Consulting with a Florida personal injury attorney can provide clarity and help you to determine your next steps.

    What should I do immediately after a swimming pool accident in Florida?

    Following a Florida swimming pool accident, be sure to seek medical attention, report the incident to the property owner or manager, document the scene and your injuries, and contact a personal injury lawyer.

    Are there specific laws in Florida regarding swimming pool safety?

    Florida has regulations that require residential pool owners to implement at least one safety feature — such as a fence, cover, or alarm — to prevent accidents.

  • Dog Bites FAQ

    Dog Bites FAQ

    Frequently-Asked Questions Regarding Dog Bites in Florida

    Do dog owners hold liability for a dog bite in Florida?

    In Florida, dog owners are generally liable if their dog bites someone, regardless of the dog’s previous behavior or the owner’s knowledge of such behavior. Florida’s strict liability rule is distinct from the “one bite rule” that often allows a “free bite” to a dog before a dog owner is liable in some other states.

    What is the statute of limitations for filing a dog bite claim in Florida?

    Victims of dog bites in Florida have two years from the date of the bite to file a lawsuit against the dog owner.

    Can a dog bite case settle out of court in Florida?

    Many dog bite cases in Florida settle out of court. Consulting an experienced personal injury attorney can provide you with the right course of action for your specific situation.

    Are there exemptions where a Florida dog owner might not be held liable for a bite?

    If the victim was trespassing on the dog owner’s property or if the dog was provoked, the owner might not be held liable for a dog bite that occurred under such circumstances.

    How do I know if I have a dog bite case in Florida?

    Determining if you have a dog bite case in Florida depends on the specifics, including the severity of your injuries and the circumstances of the bite. It is wise to consult with an experienced attorney who can clarify your legal options.

    What are common dog bite injuries that might warrant a lawsuit in Florida?

    Common injuries from dog bites include puncture wounds, lacerations, infections, nerve damage, and psychological trauma, among others. Consult an experienced Florida dog bite lawyer to assess your case.

    Is there more than one way to prove liability in a Florida dog bite case?

    Besides the strict liability rule, proving negligence or negligence per se (violation of an animal control law) can also establish liability for a dog bite in Florida. Landlords may potentially be found liable for a tenant’s dog that is known to be dangerous if they had an opportunity to remove it. Review the details surrounding your Florida dog bite incident with your attorney to determine which parties may be liable in your case.

    What should I do immediately after a dog bite in Florida?

    Following a dog bite, seek medical attention, report the bite to local authorities, document your injuries and the incident, and consult an experienced Florida personal injury lawyer.

    Can I seek compensation for emotional distress from a dog bite in Florida?

    Injury victims of Florida can seek compensation for physical and emotional damages due to a dog bite. Emotional distress would be categorized under noneconomic damages. Discuss evaluation of emotional damages with an experienced Florida dog bite attorney.

    Does homeowners’ insurance cover dog bite claims in Florida?

    In many cases, homeowners’ insurance policies will cover damages from dog bites, but coverage can vary. It’s crucial to review the specific policy details. Some policy terms will exclude particular breeds that tend to be aggressive. Your attorney can help you assess the applicable factors in your unique dog bite case and determine the appropriate steps to pursue compensation.

  • Do I Need a Lawyer?

    Do I Need a Lawyer?

    Do I Need a Lawyer?

    When an individual sustains an injury or experiences bodily harm, they often wonder: Should I hire a lawyer? The answer depends on various factors. To determine whether legal representation is required, consult with a seasoned personal injury attorney in Jupiter, Florida.

    Our personal injury lawyers will conduct a free case evaluation to determine your ability to seek compensation for your injuries, explore your available options, and guide your informed decisions regarding your injury case. As the Voice for Florida Injury Victims, let us provide insights into the relevant and applicable laws for your circumstances and assess your likelihood of success based on the evidence.

    [phone_number dsk_contact=’true’ class=”btn–secondary” before=”Call us:”/]

    How Can a Lawyer Help Me Win My Personal Injury Case?

    When you enlist the assistance of a personal injury lawyer in Jupiter, Florida, you’ll have a seasoned legal representative on your side, tirelessly working to seek the compensation you need in the aftermath of an injury caused by someone else’s negligence or misconduct.

    Founding Partner and Shareholder Dan Britto is distinguished as a Board-Certified Trial Lawyer from the Florida Bar, an accomplishment held by approximately only 1% of lawyers in Florida. This title of Board-Certified Civil Trial Lawyer means he has been recognized for his extensive knowledge and experience in advocating for his clients’ interests in civil trial matters. This significant accomplishment required passing a rigorous exam, demonstrating a high level of knowledge, and showing a significant amount of experience in civil trial law, including many jury trials. The process also includes a vigorous peer review by other Board-Certified attorneys, judges, and even opposing counsel. Lawyers are evaluated on their experience, knowledge, and professionalism before earning board certification in Florida.

    Due to our combined 25-plus years of experience representing insurance companies, we know how they operate, and we leverage that knowledge to serve our clients. To determine the appropriate compensation for each client, we consider various factors, such as the extent of the injuries, the available coverage, and the nature and implications of the injuries sustained.

    Our trial lawyers have spent years defending condominium associations and homeowners’ associations in negligence claims, giving us unique insight into how insurance companies and their employees assess and approach these claims. We know how to seek the maximum recovery if you suffered injury due to the negligence of a condominium association or a homeowners’ association.

    At Britto & Herman Injury Lawyers, our dedicated, experienced, and aggressive representation has recovered millions in Florida. We know how to win and go above and beyond to seek the maximum compensation on your behalf. The many essential steps we take in an injury case may include:

    • Thoroughly investigating the accident scene, gathering evidence like photographs and videos
    • Procuring and reviewing accident reports and police reports
    • Interviewing witnesses to gather crucial information
    • Identifying responsible parties and their insurance providers
    • Validating insurance coverage and policy limits
    • Securing medical records and discussing your condition with healthcare professionals
    • Collaborating with expert witnesses, such as accident reconstructionists, medical experts, and financial specialists
    • Handling all communication and claim filing with insurance companies
    • Compiling a comprehensive settlement demand package for the insurance company
    • Skillfully negotiating for a fair settlement amount
    • Preparing and filing a personal injury lawsuit, if required
    • Conducting discovery, filing motions, and preparing for trial
    • Presenting your case in front of a jury during trial

    Throughout the claims procedure, a personal injury attorney in Jupiter, Florida, remains adaptable in their approach, taking into account new evidence and advancements in the case. Our legal team keeps you informed of developments pertaining to your case, enabling us to modify our strategy if needed. We persistently strive to maximize your recovery and pursue your interests. We are readily available to address any questions or concerns you may have.

    Common Reasons Why You May Need a FLORIDA Attorney for a Personal Injury Case

    Insurance companies often fail to handle claims impartially, and they often exploit the fact that individuals without legal representation may be unaware of their rights, the compensation that may be due to them, and their chances of winning a lawsuit. Insurance companies often will not hesitate to take advantage of people who do not have proper legal support.

    Be aware that more complex types of injury cases — such as those illustrated below — will typically require the guidance of a personal injury attorney in Florida:

    • You have sustained severe or catastrophic injuries, such as traumatic brain injury (TBI)
    • The accident and related injuries have caused significant financial losses
    • Your injuries have led to permanent impairments or disabilities
    • There is a dispute regarding liability for the accident or injury
    • Multiple parties may bear responsibility for your injuries and losses
    • The opposing party alleges that you bear partial responsibility for the accident or injury
    • Your injury involves a wrongful death
    • The insurance company has denied your claim or is prolonging the settlement process
    • You are uncertain about the value of your injury or accident claim

    If you’re not sure if you need legal representation, we strongly encourage you to schedule a free case evaluation to discuss your case. We believe that seeking the necessary legal guidance to safeguard your rights following any injuries you may have sustained in Florida is crucial. We will assess your options to help you determine your next steps.

    Contact Britto & Herman Injury Lawyers Now for More Information

    Our law firm offers a contingency fee arrangement for injury cases. This means that you won’t be charged for our legal services unless we successfully recover money for you. We only retain a percentage of the recovery as our fee when we win a case.

    Reach out to our office at [phone_number dsk_contact=’true’/] with your personal injury questions or to schedule a free case evaluation either in person at our centrally located office on Indiantown Road or virtually. Because we serve all Florida counties, we offer paperless sign-ups. Our personal injury attorneys are available 24/7.

  • Do I Have a Case?

    Do I Have a Case?

    Do I Have a Case Under Florida Law?

    If you have suffered bodily harm due to a traffic accident, condominium or HOA negligence, a slip-and-fall on someone else’s property, or you’ve experienced a brain or spine injury, you may have a valid claim.

    [phone_number dsk_contact=’true’ class=”btn–secondary” before=”Call us:”/]

    A “Case” Refers to a Claim Under One or More of Florida’s Many INJURY Laws:

    Florida’s personal injury laws address a variety of injuries to an individual’s body, emotions, and reputation, including those suffered due to condominium and HOA negligence, car accidents, trucking accidents, bicycle accidents, pedestrian accidents, dog bites, and traumatic brain injury.

    On March 24, 2023 Governor Ron DeSantis signed HB 837 into law, significantly transforming Florida’s approach to shared fault in personal injury claims as follows:

    • With the new comparative negligence system, if you bear more than 50% of the blame for the accident, you won’t qualify for compensation.
    • If your fault is determined to be 50% or less, you can still claim damages. However, your compensation will reduce proportionally to your fault percentage.
    • The statute of limitations for filing a personal claim has changed from four years to two years, meaning you must file a personal injury claim within two years of the date of the incident.

    Proving Fault and Liability for an Injury Claim

    The validity of your case relies on the availability of evidence to establish fault, liability, and causation. Personal injury cases require proof of negligence, which consists of the following components:

    • Duty
    • Breach of Duty
    • Causation
    • Damages

    For injury cases due to motor vehicle accidents, proving negligence involves these four key elements. To demonstrate negligence for an injury caused by a motor vehicle collision, the following components must be present:

    • Duty – All drivers have the responsibility to operate motor vehicles in a manner that doesn’t endanger others.
    • Breach of Duty – You must prove that a motorist acted in a way that disregarded their responsibility. For instance, a driver might have failed to yield, followed too closely, or crossed the centerline.
    • Causation – The driver failed to comply with traffic laws, which breached the duty of care, directly causing your injuries.
    • Damages – The traffic accident led to injuries and subsequent damages.

    It’s worth noting that the process of proving negligence can be more complex than this simplified explanation. Different injury cases may need to prove specific requirements. For instance, in premises liability claims, you must establish that the property owner knew about a dangerous condition and failed to address it.

    Our trial lawyers spent years defending condominium associations and homeowners’ associations in negligence claims, giving us unique insight into how insurance companies and their employees investigate and evaluate these claims. We know how to seek the maximum recovery if you suffered injury due to the negligence of a condominium association or homeowners’ association.

    Every accident is unique, and we’re here to listen to your specific circumstances and provide guidance regarding whether there is a potential claim to pursue.

    Hiring an Experienced FLORIDA PERSONAL INJURY Attorney

    If an insurance company acknowledges its responsibility and is willing to fully compensate for all damages, some injury claims can be resolved directly. However, the majority of insurance companies prioritize protecting their profit margin and seek to settle claims with the least possible payout. That’s why seeking guidance from an experienced personal injury attorney before engaging in any conversations with the insurance company or their representatives is critical.

    Insurance companies have dedicated teams of investigators, adjusters, and other professionals — all working to minimize the company’s liability in injury claims. These professionals do not advocate for you or safeguard your legal rights and interests.

    To navigate through Florida’s negligence laws and the intricacies of injury claims, you need a team of legal professionals who will relentlessly fight for your interests. Britto & Herman Injury Lawyers is the Voice for Florida Injury Victims. Through dedicated, experienced, and aggressive representation, we have recovered millions in Florida. With over 25 years of combined experience defending HOA and condo cases for insurance companies in Palm Beach County, we understand how the other side operates. Having sat in hundreds of HOA and condo meetings and heard what they have to say, we know what the adjuster wants, and we leverage that knowledge in defense of our clients.

    We are renowned for our personalized attention throughout the duration of personal injury cases in and around Jupiter, Florida.

    Find Out If You Have a Case During a FREE Case Evaluation

    We offer free case evaluations at our centrally located Jupiter office on Indiantown Road, providing a valuable opportunity for you to discuss your concerns with our attorneys and seek the answers you need. Because we serve all Florida counties, we also offer virtual case evaluations and paperless sign-ups. Our personal injury attorneys are available 24/7.

    Call Britto & Herman Injury Lawyers today at [phone_number dsk_contact=’true’/] to schedule a free case evaluation with a Jupiter, Florida injury and accident attorney. Rest assured, we only charge a fee when we successfully secure compensation on your behalf.

  • I’m Hurt and I Need a Lawyer.

    I’m Hurt and I Need a Lawyer.

    A Lawyer Explains Your Legal Rights

    An unexpected accident can be an overwhelming experience. Whether it happens during your commute, daily routines, or at work, the injury and financial burdens caused by the incident can leave you feeling helpless. In Florida, many individuals face personal injuries each year, including many traffic accidents. Unfortunately, not everyone survives these events.

    If your injury was caused by someone else’s negligence or wrongful actions, consult a knowledgeable personal injury attorney. An experienced lawyer can help you understand your legal rights, provide valuable insights into your options, and explore opportunities to hold the responsible party accountable for the physical pain, emotional distress, and financial losses you have suffered.

    [phone_number dsk_contact=’true’ class=”btn–secondary” before=”Call us:”/]

    The Britto & Herman Injury Lawyers Difference

    At Britto & Herman Injury Lawyers, we know how to win. As the Voice for Florida Injury Victims, our dedicated, experienced, and aggressive personal injury attorneys have recovered millions. We are committed to providing you and your family with personalized and comprehensive legal services tailored to your specific needs.

    Founding Partner and Shareholder Dan Britto holds the distinction as a Board-Certified Trial Lawyer from the Florida Bar, an accomplishment held by approximately only 1% of lawyers in Florida. A Board-Certified Civil Trial Lawyer has received special recognition for their extensive knowledge and experience in representing clients in civil trial matters. It is a significant accomplishment that requires passing a rigorous exam, demonstrating a high level of knowledge, and showing a significant amount of experience in civil trial law, including numerous jury trials. The process also involves a vigorous peer review by other Board-Certified lawyers, judges, and even opposing counsel. Lawyers are evaluated on their experience, knowledge, and professionalism before earning board certification in Florida.

    As Florida injury attorneys in your corner, we delve into the intricacies of your case, analyzing every detail to determine the right course of action to seek fair and appropriate compensation on your behalf.

    When you choose our firm, you can expect:

    • A thorough evaluation of your case, allowing us to understand your unique situation better to serve you
    • Prompt and informative responses to address any questions or concerns you may have
    • Clear explanations of the legal procedures relevant to your case and the applicable laws
    • A comprehensive breakdown of the fee agreement, as we work on a contingency basis for our clients
    • Regular updates and open lines of communication, ensuring you are well-informed throughout the legal process
    • Accessible attorneys and a dedicated support staff, committed to assisting you at every step
    • Confidentiality, transparency, honesty, and professionalism from all members of our team
    • Exceptional legal guidance provided by experienced personal injury attorneys known for their skill and talent

    Injured? We can help. At Britto & Herman Injury Lawyers, we understand your challenges and difficulties. Along with knowledgeable and experienced legal representation, we offer unwavering support, guidance, and counsel to help you recover from the accident and your related injuries.

    Finding The Right Lawyer Is Essential To Your Case

    When selecting a Jupiter injury lawyer to handle your injury claim, you need someone who possesses exceptional negotiation skills and the assertiveness of a trial attorney.

    The majority of injury claims and cases settle without a lawsuit or trial. Therefore, choosing a Jupiter personal injury attorney skilled in the art of negotiation is paramount. Our attorneys leverage the evidence to construct a compelling case for settlement that includes detailed allegations of negligence, supported by relevant statutes, case law, and evidence. We diligently assess the value of your claim and develop a persuasive argument seeking a settlement for the appropriate amount.

    While we excel in negotiations, in some instances opposing parties may refuse to agree to a fair settlement. From the very beginning of your case, we approach it with a trial-preparation mindset. We’re fully prepared to file a lawsuit if it becomes necessary to safeguard your interests. Many insurance companies are aware of law firms that prioritize settlements over trials, and such firms often settle cases for lower amounts to avoid going to trial. Such insurance companies recognize our reputation as attorneys who fearlessly advocate for clients’ rights as accomplished trial lawyers, which consistently benefits our clients regardless of whether a trial is ultimately necessary.

    JUPITER, FLORIDA ACCIDENT Attorneys Who Work for You and Your Family

    If you’ve suffered an injury, reach out to us to arrange a free case evaluation. Our team at Britto & Herman Injury Lawyers is dedicated to showing you why we are the right law firm for your needs. We offer in-person consultations at our centrally located office on Indiantown Road, as well as virtual case evaluations and paperless signups. You can also simply call us at our main number to speak to the first available lawyer. Our team is available 24/7.

    Reach out today at [phone_number dsk_contact=’true’/] to request a free case evaluation with one of our experienced Jupiter personal injury attorneys. Remember, we only charge a fee if we successfully recover compensation for you.