When you purchase an item that is materially different from how it was marketed and represented, you may have a false advertising or breach of warranty claim under Florida law. There are important steps to take if you find yourself in this frustrating situation as a consumer. A Florida attorney can help you take each action so you know exactly what to do.

Gather Evidence

Carefully examine the product and keep it in its condition when purchased. Take photos and videos showing the issues and save all packaging and manuals. Also, gather any sales receipts, warranty info, online listings, ads, emails, and other evidence. You will want to prove as much as possible so the company cannot come back with any counterclaim.

Research Applicable Laws

Florida’s Deceptive and Unfair Trade Practices Act prohibits false, misleading, or deceptive advertising of products and services. You may also have claims under breach of express warranty or implied warranties of fitness and merchantability laws if the product did not match reasonable expectations.

Slip and fall accidents frequently occur in Florida retail establishments, restaurants, hotels, and other business properties. However, determining legal liability when you suffer injuries from a premises fall can be complicated. A Florida lawyer can help you determine if your case has enough evidence to prove you were not at fault and what else to know about Florida law.

Businesses Have a Duty of Reasonable Care

Business owners must maintain their properties reasonably safe for lawful visitors like customers and invitees. This includes regularly inspecting for and fixing hazards that could cause slips, trips, or falls, like wet floors, uneven surfaces, poor lighting, cluttered aisles, and more. If a business knowingly fails to correct or warn about a dangerous condition that injures someone, it can be sued for premises liability.

You Must Prove Negligence

However, Florida law does not automatically make businesses liable anytime someone falls on their property. To recover damages, the injured person must prove:

Christmas is one of the most exciting times of the year for children. They end up with new toys, and the excitement is unbearable. However, it is important to be cautious of lead levels, especially with unfamiliar brands. You should know that you have rights if you end up finding high lead levels in your child’s toy. A Florida lawyer can help you with what to do for the next steps to seek a product liability case.

Obtaining Prompt Medical Testing

If lead exposure is probable from a toy, immediately consult your pediatrician about getting your child’s blood tested. Even small concentrations of ingested or inhaled lead absorbed into the body can inflict severe neurological damage, especially in young children.

Blood testing by a medical professional determines your child’s current blood lead levels. Elevated concentrations above the CDC reference range will likely necessitate medical treatment to bind and remove lead, preventing lasting health consequences. Carefully obtain and document these test results as evidence.

You were recently involved in a motorcycle accident caused by a negligent driver. You have serious injuries and mounting medical bills. The insurance company is giving you the runaround. Your life feels like it is falling apart. What should you do now? You have options and deserve to know what they are and how a Florida lawyer can help you.

Follow these key steps to protect your rights and work towards the compensation you deserve:

Document Your Injuries

Be sure to record all aspects of your motorcycle crash-related injuries fully. Take photos documenting cuts, bruises, casts, or assistive devices. Note all symptoms and impairments in a journal. Get written statements from others about how your injuries limit daily activities. Save all medical paperwork and bills. Thorough injury documentation builds a claim.

If you have suffered an injury in Florida caused by a defective product, you may have a valid claim against the manufacturer or seller. Here is what you need to know about pursuing compensation through a product liability lawsuit with a Florida personal injury lawyer.

Proving the Elements of Your Claim

To successfully file a defective product suit in Florida, three key elements must be established:

• Defect - The product contained a defect when sold that caused it to be unreasonably dangerous. This includes manufacturing flaws, design defects, and inadequate safety warnings. Evidence from experts is often required to demonstrate the product was defective.
• Causation - The defective product directly caused injury or damages. Medical records, testimony from doctors, and accident reports can help prove the defect that led to your injury.
• Damages - You must have suffered physical, financial, or emotional harm due to the defective product. Bills, receipts, and records of lost income help show the extent of damages experienced.

Time Limits for Filing Your Lawsuit

Under Florida statute 95.11, you typically have four years from the exact day of injury to file a product liability lawsuit. This time limit can be extended in certain cases, such as discovery of the defect at a later date. An experienced attorney can request an extension if warranted.

If you are pursuing a personal injury claim in Florida, one of the damages you can seek compensation for is pain and suffering. This refers to any physical, mental, and emotional distress caused by an accident or even a slip and fall injury. However, calculating appropriate payment for pain and suffering can be complicated. What determines the monetary value of this intangible harm in Florida injury cases and how can a Florida lawyer help with the next steps of your case?

Evaluating the Injury Itself

The most important factor is the severity of the original injury and the amount of pain it has caused. More severe injuries that result in greater suffering and loss of enjoyment of life will warrant higher damages. The type of injury is also key - for example, damages tend to be greater for brain trauma or permanent disabilities versus soft tissue injuries that heal relatively quickly.

Length of Suffering and Recovery Time

How long you suffered from the injury impacts damages as well. Compensation accounts for all pain from the initial accident through the complete recovery process. The longer recovery takes, the more you can seek for related pain and suffering. Lingering effects that extend the recovery timeline will also increase damages.

Jet skiing is a popular water activity in South Florida, attracting tourists and locals alike. Unfortunately, like boating or any other water-based activity, jet skiing carries certain risks. Today, we will explore the most common causes of jet ski accidents in South Florida, helping riders understand the potential dangers and take necessary precautions for a safe and enjoyable experience. If you have been injured in a jet ski accident, contact a personal injury lawyer to pursue the compensation you may be entitled to. 

Poor Training and Knowledge 

One major cause of jet ski accidents in South Florida is a lack of proper training and knowledge. Many riders may have limited experience operating a jet ski, leading to poor maneuvering and control. Understanding how to throttle, steer, and navigate sudden waves or a boat wake is crucial to avoiding accidents. It is important to undergo certified training programs before attempting to ride a jet ski and familiarize oneself with the local regulations and waterway navigation rules. 

Speeding and Reckless Behavior 

Excessive speed and reckless behavior are significant contributors to jet ski accidents. Some riders indulge in dangerous behaviors like sharp turns, racing, or weaving through crowded areas. Speeding reduces reaction time and increases the likelihood of losing control, colliding with objects, or causing accidents involving another watercraft. Jet ski operators must exercise caution and adhere to speed limits established by authorities to prevent accidents and protect themselves and others on the water.

Car accidents can cause severe injuries, including back injuries that can make it very difficult to go on with life as you did before. In South Florida, where traffic tends to be bad, it is essential to be aware of common back injuries resulting from car collisions and what can be done if you suffer one. Contact a personal injury lawyer if you have suffered a back injury related to an accident. 

Soft Tissue Injuries 

In a car accident, the collision's sudden impact force can very easily damage the muscles, tendons, or ligaments in the back. These injuries can range from strains and sprains to contusions and muscle tears. Symptoms may include pain, inflammation, tenderness, stiffness, and difficulty with movement. While these injuries can heal with time and proper medical care, they can still lead to significant discomfort and limitations. 

Thoracic Outlet Syndrome

This condition affects the nerves and blood vessels passing through the thoracic outlet, which is the space between the collarbone and rib cage. Car accidents involving severe or repetitive impacts can compress the nerves and blood vessels in this area, resulting in thoracic outlet syndrome. Symptoms of the condition may include pain, numbness, tingling, weakness, and swelling in the upper back, shoulder, arm, and hand. Treatment for thoracic outlet syndrome typically involves physical therapy, pain management, and, in severe cases, surgery. 

Medical malpractice occurs when healthcare professionals fail to provide a standard level of care, resulting in avoidable harm to the patient. When medical malpractice affects the eyes and visual system, the consequences, including instances of blindness, can be devastating. Today, we will explore certain types of medical malpractice that can lead to vision loss or complete blindness. If your vision has been affected by medical malpractice, contact a personal injury lawyer to ensure your legal needs can be taken care of at this time. 

Here Are the Ways Medical Malpractice Can Lead to Blindness

Medical malpractice can result in blindness through:

• Surgical errors – Errors during eye surgeries, such as cataract surgeries, LASIK procedures, or retina surgery, can lead to vision loss and blindness. Mistakes during incisions, improper handling of delicate eye tissue, or anesthesia errors can have irreversible consequences for a patient’s eyesight. 

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Brain injuries are catastrophic and often life-altering events that can lead to physical, cognitive, and emotional challenges. Consequently, brain injuries may result in significant personal injury claims and compensation for sufferers of such injuries. Today, we will explore the various factors involved in determining the potential size of personal injury claims arising from brain injuries while also stressing how essential it is to obtain legal guidance during this challenging time. 

Medical Costs

Depending on the severity of the brain injury, an injured person may require long-term medical care. This may include extensive medical treatment, rehab, and ongoing care. Personal injury claims consider the anticipated medical expenses arising from these injuries, including surgeries, therapies, medications, and assistive devices. High medical costs associated with brain injury treatment contribute to the potential size of personal injury claims. 

Lost Wages

Sadly, brain injuries can significantly impair someone’s ability to work, potentially leading to lost wages and a dramatically decreased future earning capacity. Personal injury claims will consider the financial impact associated with these kinds of losses. Calculating the economic damages caused by a reduced ability to pursue gainful employment will likely become a pivotal factor in determining the potential value of a brain injury claim. 

South Florida is well-known for its beautiful beaches, warm weather, and vibrant downtown areas. When people come from all corners of the world to visit, this can lead to a great deal of foot traffic. Unfortunately, with more people on foot comes the risk of serious pedestrian accidents. If you have been struck by a car while walking in South Florida, you may be entitled to compensation. Contact a personal injury attorney to learn more about your rights and legal options.

Most Common Injuries Suffered in Pedestrian Accidents in South Florida 

Pedestrian accidents can cause a wide range of injuries, some of which may be serious or even life-threatening. A driver who acted negligently and struck a pedestrian may be held liable for the resulting damages, including the costs of medical treatment, loss of income, and other physical or financial harm a person has suffered as a result of an accident.

In many cases, pedestrian accidents will involve broken bones. With the force of a vehicle hitting a pedestrian, bones can easily be fractured, and in some cases, they may be shattered or crushed. These injuries can include anything from broken legs and arms to fractured hips. Serious fractures can require lengthy hospital stays, surgeries, and physical therapy, not to mention lost wages from missed work.

 Catastrophic injuries often lead to personal injury claims. Sadly, many such injuries tend to be permanent, resulting in long-term consequences that negatively affect an individual’s quality of life and ability to work. Examples of catastrophic injuries may include brain injuries, spine and back injuries, and burn injuries. In addition, motor vehicle accidents, defective products, medical malpractice, and slip & fall accidents can cause catastrophic injuries. 

In personal injury law, catastrophic injuries often result in the potential to recover larger settlement payouts. These injuries usually require long-term medical and rehabilitation, not to mention lost wages from a decreased or non-existent ability to work. In addition, the range of costs with catastrophic injuries can be significant, making the potential for higher settlements a reasonable outcome. Therefore, if you have suffered a catastrophic injury, contact a personal injury lawyer immediately to pursue the financial compensation you could be entitled to. 

Here is What You Need to Know 

Medical expenses are frequently the most significant portion of costs incurred in catastrophic injury claims. In addition to these medical expenditures, future expenses can include continued medical care, future expenses to provide for continued medical care, physical therapy, rehab, and assistive devices. With so much at stake in these cases, insurance companies and their lawyers may try to minimize settlement payouts or refuse to pay anything. Ensure the attorney you hire is an excellent negotiator, which will be helpful when handling the insurance company.

South Florida is known for its picturesque coastline and abundance of waterways, making boating a popular activity for residents and visitors alike. However, the increased boating traffic increases the risk of accidents and injuries. Today, we will discuss what the most common injuries are in South Florida and take an in-depth look at why these accidents occur in the first place. If you were injured in a boating accident, consider contacting an experienced personal injury attorney as you look to obtain the financial compensation you may be entitled to.

Common Boating Injuries

The most common types of injuries sustained in boating accidents in Florida include:

• Traumatic brain injuries (TBI) – These injuries can occur when the head is struck by a hard surface, such as a boat or other objects on the boat or in the water, like rocks. 

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Getting in a car accident can be a traumatic and challenging experience for anyone to have to go through, especially if you suffer an injury in the process. However, what you do in the immediate aftermath of an accident can significantly impact your physical recovery and your chances of receiving compensation through a personal injury claim. Therefore, consider contacting a personal injury attorney as soon as you are able, as doing so will ensure your rights are protected and respected throughout the claims process.

Steps to Take After a Car Accident

Here is what to do after an accident, including:

• Remain calm – This is easier said than done, but it is so important. Take a deep breath and remain composed. An accident can be disorienting and terrifying, but it is important to maintain a level head as much as possible. You should check yourself and anyone else in the car for injuries. Regardless of whether anyone is hurt, you should still call 911 to ensure emergency responders are able to arrive at the scene.

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Anyone who has dealt with bed bugs can tell you how horrific the situation can be. Bedbugs are not simply annoying, they can lead to significant injuries – both physical and psychological. If you live in a rental property and you have had a bed bug infestation, you should know your legal options. You may be able to bring a personal injury claim against your landlord and recover financial compensation for your damages.

Consequences of Bed Bugs

Bed bugs are parasitic insects that bite people and feed on their blood. They typically live in and around mattresses and bite unsuspecting victims while they are asleep. Bite marks from a bed bug often appear swollen and red and may be itchy and uncomfortable. Sometimes, the bites can become infected. It is also possible to have an allergic reaction to a bed bug bite which can be severe.

Knowing that there are parasitic creatures living in your bed would prevent anybody from getting a good night's rest. It is disturbing, to say the least. Unsurprisingly, many people going through a bedbug infestation experience psychological symptoms, including anxiety, insomnia, and nightmares. They may spend a significant amount of time and money trying to eradicate the bedbugs and clean their homes to no avail. This can be a very distressing, and often depressing, experience to go through.

With the spring break season in full swing, many people are traveling to Florida to enjoy the sun and surf. This means that there are even more people out on the water than normal. Many vacationers will rent jet skis and other recreational watercraft for their own enjoyment, often without any prior experience or knowledge of how to safely operate these vehicles. Unfortunately, this can lead to serious boat accidents and injuries. If you were injured while riding a jet ski, or if a jet ski rider collided with you while you were swimming, it is important to know your legal options.

Who is Liable for a Jet Ski Collision?

Jet skis come with inherent risks. However, responsible boating can prevent the majority of jet ski accidents. Alcohol use is extremely common among boaters, despite being against Florida law. Consequently, intoxicated drivers is a common cause of boat accidents - especially during spring break. Traveling too fast for the conditions, failure to pay attention, and inexperience can also cause jet ski crashes.

If you were injured due to another person’s negligence while operating a jet ski, the responsible party might be liable for your damages. To prove that an individual is liable for a jet ski accident, you will need to show that they acted recklessly or carelessly and that this recklessness caused your accident.

For motorcyclists, a motorcycle is much more than a mode of transportation. It is a source of enjoyment, freedom, and independence. Unfortunately, motorcyclists are at a much greater risk of death in motor vehicle accidents than individuals in passenger vehicles. Sometimes, it is the very activity motorcyclists love the most that kills them.

If your spouse, sibling, parent, child, or other relative died in a motorcycle wreck, you may be grief-stricken and shocked. You may want to take legal action against the responsible party but are unsure of where to start. In this blog, we will discuss the basics of filing a wrongful death claim in Florida as well as the financial and non-financial benefits associated with this type of legal action.

What is a Wrongful Death?

A wrongful death is a death that is caused by another party's wrongful, careless, or negligent actions. In motorcycle accident cases, the other party is often a negligent driver. Distracted driving, intoxicated driving, speeding, failure to yield, and inattention can all lead to a deadly motorcycle crash.

Distracted driving comes in countless forms. Often, it involves the use of a smartphone or other electronic device behind the wheel. However, distractions may also come in the form of passengers in the vehicle, eating or drinking, or even daydreaming.

No matter the type of distraction that contributed to a crash, victims of distracted driving accidents should understand their rights and options for filing a claim for damages. It may be possible to recover compensation from the at-fault driver’s insurance company for vehicle repairs, medical bills resulting from crash-related injuries, and other losses.

Holding a Distracted Driver Accountable

Looking down at a phone while driving is extremely dangerous. It takes the driver's mind off of driving, eyes off of the road, and hands off of the wheel. Florida law prohibits drivers from typing on their phones while operating a motor vehicle. However, texting and driving laws are difficult to enforce, and data shows that citations for texting and driving are issued infrequently.

Federal law requires all trucks transporting consumer goods, supplies, garbage, packages, dirt, and hazardous material, to ensure that cargo is safely secured. Unfortunately, those responsible for transporting goods are sometimes in a rush or are not sufficiently cautious. This leads to incidents of unsecured cargo falling from trucks and landing on the road, endangering drivers who may be hit by the cargo or who may have to suddenly swerve to avoid it. 

Catastrophic injuries happen, and lives are lost every year because of falling cargo on the road. If you were injured or lost a loved one in an accident like this, it is important to explore your legal options. Truck accident victims may be entitled to financial compensation for their vehicle damage, past and future medical expenses resulting from the collision, lost earnings from missed work, and more.

Who is Responsible for Fallen Objects in the Road? 

The truck owner, truck driver, trucking company, or the party that loaded truck cargo may be held responsible for crashes caused by improper loading and securement of cargo. The exact person or organization responsible in a particular case will depend on the details of the case, and an investigation may be necessary to determine who is liable. This is why taking legal action as quickly as possible is so important. As time goes on, it can be more difficult to determine liability because evidence can be lost and witnesses’ memories can be imperfect.