Personal Injury
Have you been injured?
Personal injury cases are filed for various reasons. If a person is injured at work, slip and fall are involved in a motor vehicle accident, or even in a physical altercation, he or she can file a suit against the other party or entity involved.
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Personal Injury Practice Areas
Negligence
Negligence is a key component in any personal injury case. Under Florida law, is failing to exercise the degree of reasonable care expected of someone in order to minimize the risk of harm to another person. It is up to our team of highly skilled attorneys to prove that the defendant was indeed negligent in your personal injury case.
Car Accidents
After a car accident, you should immediately call the police and remain by your vehicle. After the police have filed a report, you will then need to begin the process of filing an insurance claim. If the other driver was injured or claims to have been injured, you should also begin working with an experienced personal injury attorney as soon as possible.
Proving fault can be a challenge in a car accident case. Having one of our skilled attorney’s to serve as your advocate throughout this process is the best step you can take to ensure that you will achieve a favorable outcome in your case
Slip and Fall
What is a slip and fall accident? Unsuspecting people are injured in falls every day, and some of those falls are the fault of a landowner or a business. People and businesses must keep their premises in a reasonably safe condition for customers or guests.
If it can be established that the owner knew or should have known that the property is unsafe, did not remedy the problem quickly they can be held liable. If the issue is not fixed and one is injured as a result, the owner of the property can be held liable.
Case Example
Dram Shop Law Florida/ Hit By a Drunk Driver
I was hit by a drunk driver can the bar or restaurant be held liable? A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.
DRAM SHOP is summarized an action against a person or establishment who provided the alcohol to the person who caused the injury or damage. Generally the provider of the alcohol is not liable with certain exceptions. The Plaintiff must prove that the establishment unlawfully sold alcohol to a person under the legal drinking age or served alcohol to a person who is a known habitual drunkard.
The burden to establish liability against a person or establishment to serves alcohol to the at fault party is extremely high.
The Basics: How to Document Your Case
- Get names and phone numbers of any witnesses to the incident.
- Take pictures of your injuries or the vehicles involved in the accident.
- Document everything that happened in writing to the best of your recollection as soon as you can.
- Do not speak with any insurance companies until you have spoken with a qualified personal injury attorney.
- Call us so we can evaluate your claim.
Damages: What Can I Recover?
- You can recover for any medical treatment caused by the accident.
- You can recover damages for any income lost because you couldn’t work due to your injuries.
- The repair or replacement of your vehicle.
- Any pain and suffering you experienced due to the negligence of the other party.
- Mental/Psychological harm that you suffered as a result of the other party’s negligence.
- You can in limited circumstances recover punitive damages if the other parties actions were intentional or grossly negligent.
- You can recover future damages if you are injured severely or need long term medical care.
- Get names and phone numbers of any witnesses to the incident.
- Take pictures of your injuries or the vehicles involved in the accident.
- Document everything that happened in writing to the best of your recollection as soon as you can.
- Do not speak with any insurance companies until you have spoken with a qualified personal injury attorney.
- Call us so we can evaluate your claim.
Punitive Damages
Punitive damages are damages exceeding compensation and are awarded to punish the at fault party. Punitive damages are not necessarily related to any specific injury or to compensate the injured party for harm caused by the at fault party. They are awarded as a deterrent and to punish the at fault party for intentional acts of misconduct of gross negligence. Punitive damages are awarded with the hope that they will deter the at fault party from any future misconduct.
ARE THERE LIMITS ON PUNITIVE DAMAGES IN FLORIDA? Yes, Florida caps punitive damage awards. Florida does not allow an award to exceed three times the amount award for compensatory damages or 500,000.00, whichever is higher.
Statute of Limitations
Like all other states, Florida has a statute of limitations regarding the amount of time one person has to bring a civil lawsuit in a negligence case: four years from the date the accident or injury occurred.
Your Personal Injury Attorney
If you are the victim/plaintiff in a personal injury case, the team of knowledgeable defense attorneys at The Law Office of John Vernon Moore, P.A. can help. Our extensive experience and knowledge of Florida laws makes us powerful allies in any case.
Call The Law Office of John Vernon Moore, P.A. today to schedule a free review of your case.
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