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Your Southwest Florida Attorney | FAQ

What should I do if I am injured by someone's negligence?
Should I release my medical records to the insurance adjuster?
Who is liable for my injuries?
To what extent can I claim damages?
What is professional malpractice?
What happens if I am injured by an unsafe or defective product?
What is the difference between contributory negligence and assumption of risk?

 

What should I do if I am injured by someone's negligence?

When you have been injured by someone else’s carelessness, it is important that you take appropriate steps toward making sure that your injury claim can be settled fairly and quickly. Make sure you write down everything you can remember about how the injury occurred, including the names, addresses and phone numbers of the potential witnesses, insurance company representatives and police officers. Take steps to protect any evidence that might be needed to prove your injury, such as photographs of the accident scene or damaged personal belongings.

 

Should I release my medical records to the insurance adjuster?

Contact the Your Southwest Florida Advocate The Law Office of Cedric B. Hall, before making any statements to the insurance company or their representatives and under no circumstances should you sign any releases, medical or otherwise, before consulting an experienced personal injury attorney.

 

Who is liable for my injuries?

In order to collect on a personal injury claim, you must prove that the person who has caused the injury was negligent and careless. In Florida, you must establish that the person who has caused your injury owed a duty not to injure you, breached that duty, there was a connection between the other person’s duty to you and your injury, and that you suffered damages. Under Florida Law, if you were careless, and your carelessness contributed to your injury, the amount that you can recover will be reduced in proportion to your carelessness.

If you have been injured using a defective or unsafe consumer product, the manufacturer of the product may be responsible under the strict liability rule. You would need to prove that the person or the company selling the product had an absolute duty to make the product safe, but did not live up to the duty, and that the dangerousness of the product caused you injury. If you or someone you know have been injured by a defective or unsafe product, please contact theLaw Office of Cedric B. Hall, PA., today to discuss your potential product liability case.

 

To what extent can I claim damages?

In Florida, an injured person can claim damages for:

  • Past, current, and future estimated medical expenses
  • Time lost from work, including time spent going to medical appointments or therapy
  • Any property that was damaged, such as your vehicle
  • Cost of hiring someone to do household chores when you could not perform them
  • Any permanent disfigurement or disability
  • Your emotional distress, including anxiety, depression, and any interference with your family relationships
  • Any other costs that were a direct result of your injury.

 

Medical malpractice involves the liability of medical or health care professionals, including doctors, surgeons, and hospital staffs, for wrongful acts, omissions, or negligent conduct during the performance of the professional services which results in injury or death to the patient.

When an accountant or C.P.A. gives you incorrect advice on structuring your taxes, causing you to suffer additional expense or be fined by the IRS, this could constitute accounting malpractice and you may have the right to be compensated for losses incurred as a result of faulty advice.

 

What happens if I am injured by an unsafe or defective product?

By definition, an unavoidably unsafe product is one which is distributed without any warning is unreasonably dangerous, even though its benefits outweigh its risks, and its manufacturer is strictly liable to persons who are foreseeably endangered thereby.
Injuries that happen because of an inherently unsafe product can be prevented by furnishing the user with an adequate warning of the product's hazards. The purpose of such a warning is to allow users to make a decision as to whether or not to expose themselves to the risks of harm. A manufacturer fulfills its duty to warn in this context only if it warns of all dangers associated with its product of which it has actual or constructive knowledge.

An adequate warning must disclose both the nature and the extent of the danger; whether a warning is adequate is a question of fact.

If you have been injured by an unsafe or defective product and have questions about a potential lawsuit, including issues relating to the adequacy of the warnings associated with the product, it is important to contact an experienced products liability attorney who can examine the facts of your case and advise you as to potential theories of liability. Contact the Law Office of Cedric B. Hall, P.A., today to schedule an initial consultation.

 

What is the difference between contributory negligence and assumption of risk?

Contributory negligence and assumption of risk have been said to be distinguishable in that the essence of contributory negligence is carelessness, while that of assumption of risk is virtuousness. Under this view, knowledge and appreciation of the danger are necessary elements of assumption of risk, while failure to use due care under the circumstances constitutes the essence of contributory negligence. However, it has also been recognized that the defenses of contributory negligence and assumption of risk may overlap under certain circumstances. A plaintiff's conduct in voluntarily encountering a known risk may be unreasonable, and therefore negligent, and thus many courts have used the terms more or less interchangeably.

 


 

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