Posted on November 28, 2023 in Personal Injury

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.

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 Posted on November 08, 2023 in Personal Injury

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.

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 Posted on October 24, 2023 in Personal Injury

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.

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 Posted on October 10, 2023 in Personal Injury

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.

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 Posted on September 15, 2023 in Personal Injury

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.

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 Posted on September 08, 2023 in Personal Injury

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.

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 Posted on August 23, 2023 in Personal Injury

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. 

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 Posted on August 06, 2023 in Car Accidents

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. 

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 Posted on July 25, 2023 in Personal Injury

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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 Posted on July 11, 2023 in Catastrophic Injury

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. 

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