Can I File a Case After a Minor Car Accident?

Were you involved in a fender bender or a minor car accident resulting in minor damage? If so, you are still entitled to bring an injury case in Florida if you are hurt and not at fault for the accident. Just because the vehicles sustained minor damage, doesn’t mean that you don’t deserve compensation.

Initial pictures do not always tell the whole story. Your vehicle can have underlying damage that can’t be seen from a simple walkaround inspection. Often a rear bumper after a rear-end accident can look completely fine but when the bumper is removed the rear absorber bar is dented and needs to be replaced. This type of investigations shows there was a significant hit. Remember, property damage is only one aspect of an injury claim. The most important aspect are your injuries and the treatment you have received.

MEDICAL TREATMENT

After an accident, even a minor car accident, if you are feeling any pain or discomfort, you need to get medical treatment as soon as possible. In Florida, you have 14 days to get treatment after an accident to receive your personal injury protection benefits which pay the first $10,000 of your medical bills. However, even if you do not receive treatment in the first 14 days, you can still bring an injury claim but you just won’t be entitled to your PIP benefits.

Clients always ask, what is my case worth after a minor accident? The answer is, your case value is dependent on numerous factors, which include:

1. Medical Bills
2. Type of Medical Treatment
3. Lost wages
4. Pain and suffering
5. Your credibility; and
6. Who you hired as your personal injury attorney.

HIRING THE RIGHT FLORIDA PERSONAL INJURY ATTORNEY

The insurance companies after a minor accident will always undervalue your claim. They will look at the property damage and argue that there is no way this type of accident could cause your injuries. This why it is extremely important to hire the right attorney. You may be wondering how can you determine who the right attorney is after a minor accident. These are the two important questions to ask your attorney.

1. Have you handled minor car accident cases before?
2. Do you litigate personal injury cases?

The second question is the most important because the insurance companies are going to undervalue your claim and give you low settlement offers. If you do not hire an attorney who litigates and files lawsuits, your case will settle for far less than what it would if you filed a lawsuit. The reason why your case will have more value in litigation is because the insurance company will actually have chance to meet you in a deposition. They will get the opportunity to ask you questions and evaluate your credibility. If the insurance companies like you and believe you are being honest, they will put more value on your injury claim despite of the severity of the impact. The insurance companies will also increase the value of their settlement offers in litigation because of the fear of going to trial and having a jury decide how much you should be compensated.

This is why you need hire a personal injury trial lawyer for your minor car accident. Here at Workman Injury Law, Devon Workman has litigated over 500+ cases and has won over 15 million dollars on behalf of his injured clients. Devon Workman is also considered top 40 under 40 trial lawyers in Florida.

After a minor car accident in Florida, call Devon Workman at 954-361-3997 for your free consultation and get the compensation you deserve.

Broward County Auto & Truck Accidents

Broward County is home to almost 1.9 million people, making it the second-most populous county in Florida and the 17th-most populous county in the United States. There are twenty-three miles of Atlantic beaches and 300 plus miles of Intracoastal Waterway located in Broward County. It is the perfect destination for people who enjoy year-round terrific weather. The average temperature is 75 in the middle of the winter and 90 during the summer. This may be why the population of Broward County has increased by 8.5%.

AUTO ACCIDENTS

We have also seen an increase in auto accidents and auto accident injuries over recent years as well. Experts correlate the amount of auto accidents with things such as speeding, intoxication and failure to wear seat belts. They also say with a more robust economy, along with cheaper fuel prices, there are more drivers on the roads than ever before. Additionally, with the increase in technology, such as cell phones, one in four auto accidents are caused by these devices.

In 2015, Broward County experienced 38,409 auto accidents and over 1,000 were suspected to be caused by alcohol. According to the numbers, 23,473 people suffered injuries and 221 individuals lost their lives from auto accidents. The year after, in 2016, we saw the number of auto accidents increase in Broward County. There was an alarming 41,718 auto accidents – causing over 25,000 injuries and 221 deaths on Broward County roads.

Commercial Trucking Accidents

Commercial trucking accidents are also a major concern in Broward County. There were over 4,000 commercial truck crashes in 2016. Commercial trucks are much different than other vehicles because of their size. Common types of commercial trucks are:

18 Wheelers
Package Trucks
Fire Trucks
Garbage Trucks
Postal Trucks
Dump Trucks
Buses
Semi-Trailer Truck
Box Truck
Tow Trucks

When these types of commercial trucks crash with a car, the impact often causes severe injuries or death. Because of this, commercial trucks must carry a minimum amount of insurance. According to the Federal Motor Carrier Safety Administration and Federal Law, the amount of insurance coverage can be anywhere from $750,000 to $5,000,000, depending on the type of commercial truck, its weight, what it carries, and where it travels.

To help avoid commercial truck accidents in Broward County, drivers should:

Avoid Tailgating and Following Too Closely Behind Commercial Trucks
Stay Clear of Commercial Truck Blind Spots
Be Aware of Road Hazards and Weather Conditions

Unfortunately, as you can see by the statistics, the number of auto accidents and auto accident injuries have continued to increase. Therefore, we as drivers need to make an assertive effort to be as safe as possible when driving to help reduce the amount of auto accidents in Broward County.

If you or your loved on has been injured in auto accident or truck accident in Broward County, Florida, call today to start the process of getting you the money you deserve!

Can I Sue My Apartment Complex After a Slip and Fall or Trip and Fall?

If you have been injured in a slip and fall in Florida at your apartment complex, you may be entitled to compensation. Apartment property owners have a duty to make sure that their premises are safe and free of dangerous conditions that can cause you injury. Slip or trip and falls can happen anywhere. Typically, slip and falls and trip and falls at apartment complexes occur as a result of the following:

→Wet or slippery surfaces, such as wet stairwells. Often apartment complex stairwells are open and outdoor which can get wet and slippery when it rains. If your apartment complex knows or should know by proper maintenance and inspection that the stairwell causes water build up or is not slip resistance and you fall – you are entitled to compensation.

→Uneven surfaces such as potholes, raised or uneven sidewalks, torn carpeting, broken stairs or tiles. These types of conditions should be properly inspected and repaired by the apartment property owner and when the fail to do so, you can get seriously injured.

→Poor lighting. If you fall at night or in a stairwell as a result of poor or inadequate lighting, you are entitled to bring a claim for your injuries. This is because if wasn’t for the apartment complexes failure to have proper lighting, you would have not fallen and got hurt.

→Loose or broken handrails.

If you have been injured as a result of slip and fall or trip and fall, you should call a personal injury lawyer immediately. It is important to speak with an injury attorney to discuss your legal rights immediately. Hiring an attorney quickly will ensure that a preservation letter is sent to the apartment complex to preserve all evidence or any video camera footage depicting your fall.

Here at Workman Injury Law, Florida slip and trip and fall attorney Devon Workman has handled numerous cases against apartment complexes for slip and falls on wet stairs, wet and slippery parking lots, uneven and raised sidewalks, all which resulted in successful settlements for his clients. Call today for your free case evaluation – 954-361-3997.

Ceiling Fell on My Head: Can I Sue?

If you were at your apartment or any establishment and the roof or ceiling falls on your head, you can sue if you are injured. After a ceiling or roof falls on you in an apartment, motel, hotel, or any business, you should call Florida personal injury attorney immediately.

Businesses and apartments have a duty to maintain their premises in a reasonable safe manner to prevent injury to tenants and guests. When they fail to do so, you can sue them for their negligence and the injuries you sustain. Ceiling collapses often occur due to water leaks, water damage, or mold. Apartments have an obligation to make reasonable inspections to ensure that there are none of these issues. When they fail to do so, ceilings can fall resulting in serious injuries to you or your family.

After a ceiling falls on your head, you may experience neck and head pain. It is extremely important that you get the treatment you need and get better for your injuries. Next, you should call a personal injury attorney to discuss your legal rights.

Have you complained about mold, water damage or issues to the ceiling to your apartment management prior to the collapse? If so, this is important evidence to show the court that the apartment complex had a notice and negligently failed to fix the problem. Even if you did not report anything to the apartment prior to the incident, this does not mean the apartment complex is not responsible for your injuries. At the end of the day, the apartment or business has a duty to properly maintain their building. This means that they have a continuing responsibility to properly inspect and regularly maintain the conditions of their property to ensure safety.

Because the apartment complex will likely argue that they did not know of the problem with the ceiling prior to the collapse, they will not offer you a fair settlement. This why you must hire a personal injury attorney who files lawsuits and knows how to litigate. These types of cases are not like other personal injury cases. They are unique in nature and require an attorney with litigation experience. More likely than not, the insurance company for the apartment or business will force you to file a lawsuit and prove your injuries and that the apartment is liable for your damages.

Litigation will require your attorney to take depositions of the apartment employees, landlord, owner, maintenance workers or other individuals who are identified in discovery. By taking these depositions, your attorney will be able to establish that the apartment knew about the dangerous condition to the ceiling or that they failed to properly maintain their building resulting in your injuries.

Here at Workman Injury Law, Attorney Devon Workman has experience litigating ceiling collapse cases resulting in successful settlements for his clients. Devon Workman has the proven track record by recovering over $15 million for injured clients. Call Workman Injury Law if you or your loved one has had ceiling fall on them in an apartment, motel, hotel or any business to get the compensation you deserve.

I Didn't Go to the Doctor Right After My Car Accident. Do I Still Have a Case?

If you were involved in a car accident and declined transportation to the hospital and havent seen a doctor yet, you still can have a case. Often people involved in car accidents do not feel pain immediately. The pain can come days, weeks or even months later. Here at Workman Injury Law we can assist and walk you through this difficult process after your car accident and help you get the compensation you deserve.

In Florida, to get your personal injury protection benefits you need to see a doctor within the first 14 days after the accident. Personal injury protection benefits is insurance you carry through you own auto insurance which pays the first $10,000 of your medical bills. I know you may be wondering, why does my insurance pay the first $10,000 if the accident wasn’t fault? This is because Florida is considered a “No Fault” State and therefore your first $10,000 of medical bills are paid as primary through your auto insurance. But if you don’t get treatment within the first 14 days, you will lose out on that $10,000 benefit toward your medical bills. But this doesn’t mean you don’t have a case.

Even if you get treatment after the 14 day window, you still have a valid case if you can relate your injuries to the auto accident. To help relate the injuries to the auto accident, it is important provide the doctor with accurate information so his report can reflect the accident and your injuries. For example, when you visit the doctor it is important to provide them with the following:

→Accurate description of the auto accident
→Accurate history of when you started to feel pain or discomfort
→Accurate description of which areas of your body are injured

Since you delayed treatment, it is even more important you hire a good personal injury attorney to fight the uphill battle. Since the insurance company will view your delay in treatment in a negative light, they will likely offer you low settlement offers. The only way to get them to pay more money is to put pressure on them by filing a lawsuit and seeking a jury trial. Here at Workman Injury Law, attorney Devon Workman has litigated hundreds of claims and will fight day in and day out to get you ever dollar possible.

If you have been involved in a car accident and still have not seen a doctor or delayed treatment, call us immediately for a free case evaluation.

I Slipped Fell on the Stairs at My Apartment, Should I Get a Lawyer?

If you slipped and fell on your apartment stairs, you should call a Florida slip and fall attorney to discuss your rights. Slip and falls on apartment stairs can cause serious injuries to your neck, back, knees, shoulders, head and much more. You shouldn’t go through this process alone but let an experienced personal injury attorney assist and fight to get the compensation you deserve.

Apartment owners may be liable for slip and falls on their stairs if you can show they had knowledge of the dangerous condition, should have had knowledge of the dangerous condition, or created the dangerous condition. It is the duty of the apartment owner to make sure their premises are up to regulation of the Florida Building Code and safe for its guest and tenants. When the fail to do so, you are entitled to get compensated for your injuries.

Typically, we see the following dangerous conditions on stairs at Florida Apartments:

Wet Surfaces: Rain on outside stairwells are the most common reasons people slip and fall. Under Florida Building Code 1009.5.2 states that outdoor stairs and outdoor approaches to stairs must be designed so that water won’t accumulate on walking surfaces. If water builds up on the stairs, this becomes extremely dangerous which can cause serious injuries from slipping and falling. Also, if the stairs do not have an anti-slip surface, the apartment owner can be liable for your injuries.
Polished or Worn down surfaces: Carpet or wood that has become worn down can become extremely slippery. This is also true with tile or painted wood surfaces that are polished which then become slippery and dangerous.
Poor Lighting: If the stairwell lacks sufficient lighting and you fall because you trip or miss a step, the apartment complex can be responsible for your injuries.
Uneven stair height or improper depth of the stairs: Florida Building Code lays out the minimum and maximum stair height and variance from one step to another. If these dimensions do not comply with Florida Building Codes, even by one inch, it can make the stairs defective and dangerous. Any violation of the Florida Building Code by the apartment complex which caused your injury, can be used as evidence that the apartment owner was negligent.
Handrails: Florida Building Code requires that stairways have handrails with adequate strength. If you fall because the lack of handrails, or defective handrails, you may be able to bring a claim.

Because of how difficult it is to establish liability against the apartment complex for your slip and fall, it is important to hire the right slip and fall attorney. Hiring the right attorney will help prove that the apartment owner was negligent and caused your injures. Here at Workman Injury Law, slip and fall attorney Devon Workman has handled numerous cases against apartment complexes where someone was injured as a result of a slip and fall on stairs. If you or someone you know has been injured as a result of a slip and fall on stairs at their apartment complex, call today for a free case evaluation.

Slip and Fall Due to a Leaking Roof, Should I Get a Lawyer?

If you were injured as a result of slipping and falling from a leaking roof, you should hire a personal injury attorney immediately. Leaking roofs can occur at an apartment, condo, hotel, motel, gym, mall or any business you are a guest. Building owners have a duty under Florida law to properly maintain their buildings to ensure that their premises are safe and when they fail to do so, you are entitled to compensation for your injuries after a slip and fall.

To establish a slip and fall case from a leaking roof, you need to hire the right personal injury attorney. Typically, these types of cases require litigation. What that means is that a lawsuit will need to be filed against the property owner, maintenance company, etc. where the leak occurred. The lawsuits are common in slip and fall cases because the property owner’s insurance company will argue that they did not have notice of the leak, therefore are not liable for your injuries. However, this argument is misplaced under Florida law and it takes filing a lawsuit to get the insurance carrier for the property to pay you fair compensation.

Insurance companies fail to realize that their property owner always has a duty to maintain their premises. This means regular inspections, repairs, and maintenance to ensure that there are no dangerous conditions that can cause harm to their guests. When the insurance carrier argues that they did not know about the leak, this is a weak argument. Just because the property owner did not know about the leak doesn’t mean they shouldn’t have know about that leak if they had properly maintained and inspected their premises. If they had conducted regular inspections they would have noticed the defect in the ceiling or roof which caused the leak. If they did proper inspections they would have realized they had a mold issue that decayed the ceiling or roof which caused the leak. During litigation, a personal injury attorney will be able to take depositions and receive discovery documentation to prove your slip and fall case and prove the property owner was negligent.

Here at Workman Injury Law, slip and fall attorney Devon Workman has litigated and handled cases for leaking roofs all throughout Florida. He has handled slip and falls as result of leaks in ceilings and roofs from fitness centers, malls, apartments, and other businesses. Personal injury lawyer Devon Workman will fight to get you maximize compensation for your injuries which include, past medical bills, future medical bills, pain and suffering, and lost wages.

Call today for a free consultation if you or your loved on has slipped and fall due to a leaking roof.

Police Report Put Me At Fault for the Car Accident. Can I Still File a Claim?

Sideswipe, intersection accident, who had the green light? These are just a few types of accidents where fault is not easily determined. After an accident, the police come to scene, exchange information, check all injured parties, and talk with those involved. However, what if the police didn’t speak with you? What if the police officer didn’t speak with witnesses? What if the police didn’t really care what you had to say? What if you were transported to the hospital and the police never spoke with you? What if the other driver lied about what happened? Then you can be put a fault on the police report.

This does not mean that you do not have a claim. Under Florida Law, the police report is not admissible in court and cannot be used against you. The police report will be used by the insurance company when initial denying or accepting liability. This will effect whether your vehicle gets fixed by the other insurance company and whether they deny or offer minimal value for your injury claim. All is not lost though if you hire the right accident attorney.

Devon Workman is personal injury litigation attorney. Litigation is the key word. This is because since the insurance will be relying on the police report who found you at fault and they will be denying your injury claim or offering minimal money to settle. Because of this, your case will need to be litigated in the court system. Here at Workman Injury Law, Devon Workman handles car accident litigation and has done so by successfully litigating over 450 accident cases in court resulting in over 15 million won for his clients.

Litigation is a must in these types of accidents because depositions of all parties and witnesses involved is crucial to establishing liability and getting you compensated for your injuries.

A lot of attorneys will not take your case in the fear of having to litigate and put in the extra effort to get you compensated. Here at Workman Injury Law, we will fight for you from the beginning to end to ensure you get the compensation you deserve.

If you have been injured in an auto accident where the police report found you at fault and you truly believe you weren’t or that the other driver contributed to the accident in someway, give us a call for a free case evaluation.

Wrongfully & Falsely Arrested by a Store in Florida

Florida wrongful arrests typically occur when a store employee such as a security guard, loss prevention officer, or store owner holds a customer against their will because they think the customer committed a crime in their store. Imagine shopping at a store, and then moments later being manhandled as you try to leave. These actions can leave a person with mental and physical injuries, and wondering if they can sue for damages.

WRONGFUL ARREST CASES IN FLORIDA

Recently, a Tampa woman has sued Walmart for wrongful arrest. She was physically detained while she was walking out of the store. Video surveillance shows the woman being grabbed and dragged back into Walmart by two men. The security guard claimed that she was being arrested for shoplifting. However, Florida wrongful arrest lawyer Barry Cohen points to the security tape to show that the security guard dropped something on the floor and then accused the woman for stealing that item. The lawsuit claims the woman is suffering physical and emotional injuries from the incident.

CVS is also being sued in Florida for the wrongful arrest of a mother of four. The woman claims a CVS loss prevention officer falsely arrested her in the back of the store for hours, and then offered her freedom in exchange for sexual favors. A Florida personal injury lawyer has taken the case and is now suing CVS for more than $1 million for false imprisonment, intentional infliction of emotional distress, negligent supervision and vicarious liability.

WHAT IS A WRONGFUL ARREST?

Wrongful arrest, also known as false arrest or false imprisonment, is the unlawful restraint of an individual’s personal liberty or freedom of movement. The purpose of wrongful arrest laws is to protect people from being unlawfully detained without proper legal authority. People who have been harmed by a wrongful arrest can file a personal injury claim against those who are responsible.

THE FOUR ELEMENTS OF A FLORIDA WRONGFUL ARREST CLAIM

According to Florida’s 4th District Court of Appeal, the essential elements of a cause action for false imprisonment have been stated in various way by Florida courts, but all have agreed that the elements include:

“The unlawful detention and deprivation of liberty of a person
against that person’s will
without legal authority or color of authority and
which is unreasonable and unwarranted under the circumstances.”

Florida Supreme Court has held that for a defendant to be liable in a wrongful arrest case, the defendant must have been personally and actively participating – either directly or by indirect procurement. Indirect procurement meaning, a defendant took an active role in encouraging or securing the wrongful arrest. However, when a private citizen or business merely provides information to the authorities, this does not create a cause of action for wrongful arrest, according to Florida’s 4th DCA.

WRONGFUL ARREST WHEN A PERSON IS ACCUSED AND DETAINED FOR SHOPLIFTING

Florida stores often accuse and detain people they believe have committed theft. Florida statute 812.015 defines retail theft but also contains an immunity provision for store merchants.

This provision gives store merchants the authority to take a shoplifter into custody, but only if the store has probable cause to believe a shoplifting occurred, and if the purpose is for attempting to recover the stolen merchandise or for prosecution. This creates a defense for stores when they are sued for wrongful arrest. However, according to the statute, the store can only detain the offender in a reasonable manner and for a reasonable length of time. Additionally, a law enforcement officer must be called to the scene immediately after the person has been taken into custody.

Therefore, Florida stores can be subject to wrongful arrest lawsuits if:

they did not have probable cause;
the stop was not performed in a reasonable manner;
the person detained was held for an unreasonable length of time; or
a law enforcement officer was not called to the scene immediately.

REASONABLE MANNER AND FOR A REASONABLE LENGTH OF TIME

There is not an exact amount of time or a reasonable manner test courts apply when determining a wrongful arrest case. Reasonableness hinges on the particular facts of the case. In Jefferson Stores, Inc. v. Caudell, a woman brought a lawsuit against a store owner for false imprisonment, assault, battery, and personal injuries. The jury returned a verdict in favor of the woman, and the store owner appealed arguing that the trial court erred when denying their motion for summary judgment and motion for directed verdict.

Florida’s Third District Court of Appeal disagreed and found that the issues presented to the jury were proper, because it was up to the jury to decide whether the store’s stop was reasonable under the circumstances.

In this case, the woman was shopping at the store when she accidentally forgot to pay for one of her items – a keychain. Right when she stepped outside of the store, a man grabbed and pulled her around. She felt an immediate pain shooting down both of her legs. Two men who were the store’s security guards, brought her back into the store. They would not let her leave until she signed a shoplifting release form – which would not sign.

Under these facts, the court determined that the store may have had probable cause to stop her, but whether the stop was performed in a reasonable manner and for a reasonable length of time was a question for a jury.

WRONGFUL ARREST INJURIES AND DAMAGES

People who are victims of wrongful arrests may suffer from physical and psychological injuries. Victims may be awarded damages for mental injuries such embarrassment, anxiety and damage to reputation. Also, damages may be awarded for any physical injury that happened during the wrongful arrest. It is extremely important to contact a Florida wrongful arrest lawyer if you believe you have been subject to a wrongful arrest, false arrest or false imprisonment.

Florida Dangerous Instrumentality Doctrine

It is common for people to lend their cars out to their children, relatives, or even friends. But when doing so, people often don’t realize the potential liability they can face under Florida law. Florida follows a common law doctrine called Florida’s dangerous instrumentality doctrine. This doctrine states that an owner of a vehicle can be held liable for a third party’s damages as a result of a car accident caused by the negligence of the person who borrowed the vehicle.

WHEN DOES FLORIDA’S DANGEROUS INSTRUMENTALITY DOCTRINE APPLY?

The dangerous instrumentality doctrine originally applied to only tools that were thought of as inherently dangerous. As such, an owner of a dangerous tool would be held liable for any injuries caused by that “tool.” In 1920, the Florida Supreme Court found that motor vehicles were inherently dangerous for the purposes of the dangerous instrumentality doctrine.

Therefore, the doctrine essentially imposes strict vicarious liability on to vehicle owners who entrust their car or truck to a person who negligently causes an auto accident. Because the doctrine applies strict liability, the vehicle owner has absolute legal responsibility without requiring the plaintiff to show that the owner acted carelessly or negligently when lending his car. To hold the owner labile, the car accident victim must show that the owner of the vehicle gave permission to the at-fault party who caused the accident. This permission can be expressed or implied.

Moreover, a plaintiff must show that the car owner had a property interest in the vehicle to hold the owner liable. In Aurbach v. Gallina, the Florida Supreme Court established three elements to determine such property interest. The court stated that the owner must:

own and control who drives the vehicle;
rent the vehicle for use; and/or
has more than bare legal title to the vehicle.

The Florida courts, over the years, have also found situations where the doctrine does not apply. Some of these situations include: when the vehicle is operated through theft or conversion, or when a car owner leaves his or her vehicle with a repairman who negligently causes an accident.

If a car owner is found liable under the doctrine, the Florida Legislature has provided some protection with regard to their financial liability.

Florida has enacted a cap on damages which limit how much a car owner can be held financial responsible for entrusting their vehicle to a negligent driver. The cap is found in Florida Statute 324.021, which states:

“The owner who is a natural person and loans a motor vehicle to any permissive user shall be liable for the operation of the vehicle or the acts of the operator in connection therewith only up to $100,000 per person and up to $300,000 per incident for bodily injury and up to $50,000 for property damage. If the permissive user of the motor vehicle is uninsured or has any insurance with limits less than $500,000 combined property damage and bodily injury liability, the owner shall be liable for up to an additional $500,000 in economic damages only arising out of the use of the motor vehicle. The additional specified liability of the owner for economic damages shall be reduced by amounts actually recovered from the permissive user and from any insurance or self-insurance covering the permissive user. Nothing in this subparagraph shall be construed to affect the liability of the owner for his or her own negligence.”

As you can see, it is extremely important to think twice before lending out your vehicle. Even if you think the person is a safe and responsible driver, because accidents inevitably happen, and you may be held legally responsible.