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© 2019 by SAADE LAW

Personal Injury

Whether it’s an unexpected car crash or slip at work, accidents happen and we never see them coming. Many accidents which could have been avoided by being more careful result in life-altering injury and loss which can go to a severe extent. The state of Florida has laws which will help those who were at the receiving end of loss. The negligence of others cannot be undone but it can be compensated and recovered through claims. 
 
Personal injury lawsuits are the most common types of cases, but they still hold important value. When you are affected by someone else’s mistake, all the medical bills, lost wages, and other expenses are unjust to you. 
 
Many times, the injury and trauma can take weeks to heal and you are bedridden throughout your recovery period. If this is the situation, personal injury lawsuits are your best bet. You have the lawful right to hold the responsible party accountable and get compensated for your tangible and intangible losses.

TYPE OF PERSONAL INJURY

Some of the accidents that happen on a day-to-day basis and can turn into personal injury lawsuits are:

Auto Accident

Whether you are going to or coming from work, you may face traffic jams due to car accidents. Car accidents are the leading cause of personal injury claims across the United States. The incidents range from T-bone collisions and rear-end accident to head-on collisions, drunk driving and pullover accidents. These incidents can cause medium to high-level injuries including bone fractures, burns, and spinal cord injury.

If you happen to be in any of the auto accident situations, you would need a personal injury lawsuit to claim compensation for the medical bills and other expenses that may occur during the process. The law allows damages to be reconciled for lost wages and mental trauma.

Slip & Fall

Slip and fall lawsuits are tricky and most of the time people avoid pursuing them thinking that it’s their fault or maybe they were clumsy, this should not be the case. If you fall or slip on someone’s property and get an injury that could have been avoided if the property owner had taken care of the broken facility you may pursue action. Same goes for public places like stores, where people spill drinks or have similar problems that results in you slipping and getting injured. All of this is not your fault and the situation could have been okay if it was properly handled by the property owner. Some other faulty patterns that can result in a slip and fall lawsuit are:

 

  • Broken or defective stairs

  • Wet floors

  • Extension cords on the floor

  • Broken patches on the floor

  • Falls on sidewalks

  • Rough and patchy stairs

 

All of these types of slip and fall cases can result in medical bills and loss of wages. Slip and fall lawsuit use evidence such as photos, videos and medical records to show that the fault was not yours and you should be compensated for the negligence shown by the property owner. 

Fire Injuries

Burn injuries are devastating, they are the most life-altering injuries and the person who gets these, suffer a lot in pain. Fire injuries change the course of life in a way that no other injury does.
 
Imagine being in a condition where you or any of your family member catch on fire due to unsafe conditions at home or at their workplace. At workplaces, faulty electrical wiring, malfunction factory plant and many other hazards can cause horrific burns. In a property scenario, if the house or apartment catches fire because the landlord didn’t observe the safety measures and installed faulty electrical wiring, the blame is not on you. In any of these cases, you have a right to hold the negligent party accountable for injuring you.
 
Fire injuries need a lot of medical care, immediately and after the treatment as well. Some of the losses are for the rest of your life and leave you miserable and angry especially when you know the fault was not your own.
 
Fire injury lawsuits can recover millions of dollars from the negligent parties including your landlords and employers. It depends on you how early you decide to put the case forward to a competent attorney.

Truck Accidents

Accidents that are caused by trucks are different than normal auto accidents. Truck Accident cases are nuanced compared to other motor-vehicle accident cases. In Florida, large commercial trucks are common across the state as they are the medium to move goods for businesses. Because of the size and weight of commercial trucks, accidents are often fatal or extremely dangerous.
 
If the truck driver is at fault and it resulted in an injury to you or your loved one, you are entitled to get compensation for it. Truck accident lawsuits require a thorough inspection to pursue financial compensation. A potential claim can be made due to improper maintenance of the truck.

 

Additionally, it can be a case of negligent hiring on the part of the employer. In order to find the root and cause of the accident, the attorney goes through trucking logs, maintenance records and also past citations for violations to make your lawsuit valid and strong.

Boating Accidents

Recreational boating takes up a large part of Florida’s tourist industry which means there are more regulations to prevent accidents. In Florida, there is no age requirement for boating which results in both minor and major accidents daily. Boat operators older than 30-years-old do not even require a license to operate a boat and most do not take any safety courses. We know what this means. This means that non-licensed and untrained boaters crash are more likely to crash their boats and cause severe injuries.

 

In Florida, any accident that occurs on a public waterway maybe filed be filed in Federal Court and it comes under Federal Admiralty jurisdiction.

 

Most boat accidents are caused by collisions between two boats in which people were under the influence of alcohol or drugs. Some of the most common boating accidents include:

 

  • Sinking

  • Underwater objects

  • Collisions with vessels

  • Collisions with objects

  • Collisions with other boats

  • Falls on the boat

  • Flooding

  • Drowning

 

Victims of these accidents can suffer serious injuries like burns, trauma, lung infections, fractures and sometimes spinal injuries as well. The most severe injuries are brain injuries that occur when the vessel capsizes and passengers are tossed onto solid objects such as rocks or a dock.

 

The person operating a boat in a negligent manner can be held liable for these accidents or if someone is under the influence of alcohol and not adhering to safety rules, they can also be found liable. Similarly, if the accident happens between two boats and the other person caused it, they can be held liable for the compensation. All of these cases are solid grounds for your boating accident lawsuit.

Dog Bites

If someone’s dog attacks you and you are injured because of it, you can file a lawsuit against the animal’s owner and if applicable, their homeowner’s insurance as well. Dog attacks and bites have the potential to be far more serious and can result in intense medical bills.
 
The animal owner or the liable party can be held accountable in this lawsuit to provide you with expenses for medical bills, lost wages and even the trauma that stemmed from the attack.
 
Animal laws are different as per the jurisdiction but in most of the cases, whether the animal’s owner was aware of the dog’s aggressiveness or not, they are liable for the dog’s actions. However, in certain cases, the lawsuit also gives the liability on factors like if the victim tried to harm the animal or provoked it in a certain way that caused the attack.

Birth Injuries

Imagine being in a position where a negligent obstetrician or medical professional gave you and/or your newborn an injury that will last a lifetime. Injuries such as cerebral palsy or brain damage. The result of these serious injuries can cause expensive medical bills and a lifetime of trauma for the child as well as parents. 
 
The birth of a child should be a moment to cherish for a lifetime, not a lifetime burden. A personal injury lawsuit related to birth injuries may provide 
your family the legal right to file a lawsuit against the responsible party. 

Construction Accident

If an injury occurs on a construction site and it was not your fault, you may be entitled to pursue legal claims with the help of an attorney. All individuals who have sustained an injury or any kind of illness on a construction site have the right to receive required compensation that covers their medical expenses and wages through the Florida State Workers’ Compensation Program

 

Personal injuries on a construction may fall under the following claims:

 

Product Liability: If the injury was caused by a defective product, or while manufacturing a product, or while operating machinery, you may be entitled to file lawsuit to recovery for your injuries.

Personal Injury: If the personal injuries were caused by the negligence of the premises owner, a fellow worker, or inadequate safety measures, and said injuries are not the responsibility of your employer, you may be entitled to file lawsuit to recovery for your injuries.

 

Wrongful Death: An injury resulting in death that occurred on a construction site or premises that is not covered by Worker’s Compensation, and is a result of the negligence of another, may allow the decedent’s estate to file a claim for the benefit of the decedent’s family.

Electric Scooter Accident

Electric scooters are a new form of ride-share transportation. Users access the scooters through an app on their phone, which is connected to the user’s banking information. The user can use the app to “unlock” or activate the scooter. Once the scooter is unlocked, the user has full operational access to the scooter and is able to drive it wherever they want and for as long as they would like.

 

Because electric scooters and electric scooter rental services only began appearing in the past few years, there are very few laws and regulations surrounding how these scooter companies should operate and what road rules users must follow.

While electric scooters do offer a number of benefits – faster transportation, environmentally friendly, reduced road traffic, there are also a number of dangers posed to both users and pedestrians.


The 4 general concerns are:
 

  • Sidewalk Riding

  • Speed

  • Car Accidents

  • Abandoned Scooters

If you are involved in an electric scooter incident, you may be eligible to participate in a brand specific scooter accident lawsuit. 

Traumatic Brain Injury (TBI)

Traumatic Brain Injury (TBI) is one of the most damaging injuries a person can sustain, and unfortunately, more common than most people realize.

Although TBI causes and outcomes vary, many head injury survivors deal with severe injuries that change their lives and the lives of those around them forever.

Survivors may struggle with physical, cognitive, emotional, communicative, and psychological impairments, and require years of costly rehabilitation and assistance.

According to the Center for Disease Control and Prevention (CDC), brain injuries are a major cause of death and permanent disabilities in the United States.

A traumatic brain injury is a type of Acquired Brain Injury (ABI) that occurs after birth when physical trauma disrupts the normal function of the brain. When brain damage occurs before birth, it’s known as an In-Born Brain Injury. Fortunately, the law enables those who have suffered a TBI as a result of the negligence, wrongdoing, or inaction of another to seek compensation for their injuries and losses – whether it was acquired or in-born.

An acquired TBI occurs with external, physical trauma such as forceful impact in motor vehicle accidents, falls, assaults and other sudden events. It’s often called a “silent injury” because it can be hard to know if the brain, which is extremely fragile, has been injured. Depending on the circumstances surrounding the incident, injuries can range from mild to severe and profoundly affect one or more areas of the brain. Even mild cases can be life-threatening.

Brain injuries that are considered acquired but not traumatic are those caused by strokes, infections, hypoxia, and medical errors. For example, if a newborn is deprived of oxygen, such as during a delayed Cesarean section, the loss of oxygen to the brain (anoxia or hypoxia) can lead to neurological complications or cerebral palsy. The excessive use of forceps or vacuums are medical errors that also commonly cause of newborn brain damage. 

Product Liability

As a modern society, we use a variety of products on daily basis. Many of these products come with limited and/or lifetime warranties or guarantees. However, defective products can make their way into your home or work and cause you serious harm. When any such incident occurs, the you may have a legal right to file a claim against a manufacturer, distributor, seller, and/or designer of a defective product. The following are some of the key questions regarding you need to answer to determine if you may have a product liability claim claim.
  1. Do you believe the product was defectively designed or manufactured?
  2. Do you believe the product failed to provide adequate warnings regarding the potential danger of the product?
  3. Did the product contain no warnings or instructions?
  4. i.Have you suffered any injuries to your person or incurred actual monetary loss due to a product?
If you answered “yes” to questions 1 or 2 or 3 and 4, you may have a products liability claim

Type Of Product Liability

E-Cigarettes

Traditional smoking is now being replaced by e-cigarettes. The sales of e-cigarettes has exploded over the past few years and with that, product liability lawsuits have as well.
 
Many of the lawsuits filed against e-cigs allege that defects in batteries have injured many smokers. In the United States, more than 120 lawsuits claim that batteries of e-cigs exploded in the face of user which resulted in injuries such as burns to the throat, tongue, and lung as well as the loss of teeth.

 

Other lawsuits contain allegations that that the batteries overheated, causing users skin damage and burns. In upstate New York, there was a wrongful death lawsuit filed against an e-cigarettes company alleging that shrapnel from an exploding e-cigarette caused a fire which led to a person’s death.
 
In such circumstances, the injured person or representative may file a lawsuit against the manufacturer, distributor, and/or seller of the e-cigaratte that caused the alleged harms. 

Asbestos-Containing Products

Asbestos is a fibrous natural mineral that poses great danger to human health. It can be found in over 3,000 products, and human exposure can lead to life-threatening diseases, including lung cancer and Mesothelioma. 

There are many ways someone may encounter asbestos, but the most common occurrence is by inhaling asbestos-fibers released when disturbing an/or working with asbestos and/or asbestos containing products. Asbestos fibers cannot be seen with the naked eye, but can easily be inhaled. This could result in asbestos fiber buildup in the lungs, which would lead to the formation of cancerous cells.

Though not limited to workplaces, occupational exposure is the leading form of Asbestos encounters. Exposure to Asbestos is also possible in private homes and public areas. Workers who are employed in construction and factory industries are at a higher risk for exposure.

Asbestos can be found in soils and rocks and among products used for commercial, industrial and domestic industries. 

Here are some commonly used products that contain asbestos:

  • Drywall and Join Compound

  • Roofing Tiles

  • Insulation Materials

  • Car and Aircraft Brakes


All asbestos-related diseases are caused as a result of of exposures to asbestos and/or asbestos-containing products. If you have been diagnosed with an asbestos-related disease (Asbestosis, Pleural Thickening, Lung Cancer, Throat Cancer, Esophageal Cancer, Colon Caner, and/or Mesothelioma) you may be able to file a lawsuit against the manufacturer or distributor of the asbestos-containing products or premises owners that exposed you to asbestos. 

 

If you have been diagnosed with an asbestos-related disease, you may be also be entitled to compensation from various available asbestos bankruptcy trusts. After the link was discovered between asbestos exposure and several deadly diseases in the 1960s, companies that mined asbestos and produced asbestos-containing materials started to face a series of lawsuits for personal injury claims and wrongful death claims. Many asbestos companies couldn’t pay out the settlements and jury awards that emerged from these lawsuits and filed bankruptcy in an attempt to reduce or eliminate their liability. In many cases, they were forced to set up asbestos trust funds with ample compensation set aside to pay out current and future claims.

Since the first asbestos-related bankruptcies filed by Johns-Manville Corporation and UNR Industries, an estimated 100 other asbestos companies have since gone on to file for Chapter 11 reorganization. Not all of these companies have established trusts, as some company reorganizations were not approved, and other companies were ultimately forced to file Chapter 7 bankruptcy instead, which required a liquidation of their assets to pay debtors

 

The asbestos industry is and will still paying for its sins and if you or someone you love is suffering from its repercussions like Mesothelioma, or Asbestos-induced cancer, you or they should be aware of your legal right to sue the responsible party for your compensation.

To file a claim with a trust, generally, you have to prove that you or your loved one were exposed at a particular worksite or that exposure resulted from a particular product. Many asbestos trusts also have established exposure and medical criteria that set a baseline for those looking to seek compensation. 

The amount of compensation that you receive will ultimately depend on a variety of factors, including eligibility. An experienced mesothelioma lawyer will be able to negotiate with the trust fund to get you the most monetary compensation possible.

Product Defects

Product liability lawsuits cover all types of product defects that can or has caused you harm. Typically, there are three main allegations claimed in a product liability suit. Those are as follows:

 

  1. Design Defect: The design defect includes negligence, bad design, poor processes and almost everything else wrong with the product. It means that the whole product was designed poorly and was released without proper quality assurance. In such cases, all the other similar products of the company can have this possibility to cause harm to the customers.

  2. Manufacturing Defect: The manufacturing defect includes those products that were introduced with an error or defect during the manufacturing process. In such a case, not all the products in the market will be defective but only those in the same batch or manufacturing cycle. 

  3. Marketing or Instructions Defect: This means that the warning labels and instructions on the product were inadequate, wrong or misleading. For example, if the manufacturer markets the product as organic and includes non-organic ingredients, they can be held liable.

Hernia Mesh

A hernia is a very common disease which can happen to anyone due to a pre-existing genetic condition or it can develop over time due to extensive or strenuous physical activity. Hernias develop when an organ is pushed through the lining of the abdomen or pelvic wall. In any case, it requires surgery to fix the tear. The surgery usually entails a mesh net surgically inserted and placed over the tear to fix it. In multiple cases, severe complications can arise if the hernia mesh device used was defective. If you or your loved one has had to face this terrible situation, you can file a lawsuit under the product liability.
 
Hernia mesh has already been in the bad news for many years. It has been pulled from markets due to high risk of failed devices. It causes significant injuries to Florida residents who happened to have used this device after when it was first approved by the FDA in 2010.
 
Now, any person harmed by the hernia mesh can file mesh injury lawsuit to recover compensation for the injury, mental and physical suffering and other wage losses.

Transvaginal Mesh

Transvaginal mesh is another mesh product that has a high failure rate. Hundreds of women between the ages of 70-80 suffer from pelvic organ prolapse (POP) and/or stress urinary incontinence (SUI). Both POP and SUI are not life-threatening diseases but it can cause pain, sexual discomfort, and pressure. The fix to this pain is a TVM repair surgical procedure that involves TVM devices. 
 
If you or your loved one underwent the TVM surgery and suffer from persistent pain and sexual discomfort after the implant then you have a legal right to file a lawsuit against the company.
 
In the United States, there have been more than 30,000 TVM lawsuits. The annual sales of this device exceed over $70 Billion and Johnson & Johnson is one of the largest sellers of TVM  in the world. 

Sacrocolpopexy Mesh

Another surgery that involves the use of mesh devices is sacrocolpopexy. Sacrocolpopexy repair vaginal vault prolapse and works well for use in the NHS, but it has similar issues as TVM and Hernia mesh. Any surgery that treats pelvic prolapse (“sacrocolpopexy,” typically for “cystocele” or “urethrocele”) or urinary incontinence (“tension-free vaginal tape (TVT)” or “urethral sling”) is a major, invasive procedure and any defective device can cause permanent trouble to the patient. 
 
If you are suffering from extensive bleeding, sexual discomfort and persistent painful urinating then it’s a clear sign that the mesh was defective or in some cases, wasn’t properly installed. In any such scenario, you have a legal right to file a lawsuit.

Medical Malpractice

Medical Malpractice or Medical Negligence occurs when a medical professional is negligent (failing to act with the level of precaution and care that an ordinary professional person would have exercised under similar circumstances) and that negligence injured the patient. Any surgery or medical procedure performed negligently is an act of medical malpractice.
 
In Florida, if you or your loved one suffered as a result of medical negligence, you have two years from the date you knew or should have that your injuries were related to that medical negligence to file a lawsuit. 
 

Premises Liability

Premises liability law refers to the body of law which makes landlords or the person who possesses the land responsible for the harm or injuries suffered by an invitee, business invitee, public invitee, licensees, and/or trespassers who is present on a premises.  

 

A premises owner's duty of care varies depending on the classification of the person person who was injured on the premises. The following are the various classifications: 
 

Invitees: This is a person who enters a property owner’s land in order to transact business in which the parties are mutually interested or in response to the landowner’s express or implied invitation. Property owners owe the highest level of care to invitees. They might enter a grocery store to buy food or a store to get a blouse. Repairmen who are invited into a home to fix a door, for instance, are also considered business invitees.

 

Property owners must keep their property in a safe condition and either repair or provide notice of any known dangers on the premises. As part of their duties, the owner must regularly inspect the property for conditions that would harm invitees; as such, they might be held responsible for injuries that result because of dangers they should have known about, but did not.

Business Invitee: This is a person who is invited to enter or remain on land for a purpose directly or indirectly connected with business dealings with the possessor of the land. See Post v. Lunney, 261 So. 2d 146, 147 (Fla. 1972) (differentiating between public invitees and business invitees in the state of Florida.)

Public Invitee: This is  a person who is invited to enter or remain on land as a member of the public for a purpose for which the land is held open to the public.

Licensees: This person enters and stays on a property owner’s land for the owner’s convenience or to advance his interests, with that individual’s permission and consent. This includes social guests. These are afforded the second-highest standard of care. They are typically social guests like friends, family members or the like, and include events like birthday parties or other social celebrations. They can also include uninvited guests like a neighbor stopping by for some sugar.

Trespassers: This is someone who enters onto another person’s property without that landowner’s consent or knowledge. Under the “discovered trespasser’s rule,” if a landowner knows that a trespasser is on his property, he must exercise reasonable care for that individual’s safety.


If someone is injured on public property, premises liability law protects him under the Federal Torts Claim Act. Citizens can sue any government entity for a personal injury claim if the accident happened at places like public parks or amusement parks.