Posts Tagged ‘florida accident lawyer’

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Florida Walmart Slip and Fall Question – Expert Advice from a Florida Personal Injury Lawyer

February 21, 2010

The following is an expert answer given by Florida Personal Injury Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question:

I fell in the parking lot at Wal-mart. I was crossing over the median of the parking lot. As I stepped down off the curb, I fell. It was raining that night and there were puddles. I didn’t notice the pavement near the curb was cracked and sunken as the puddle covered it. I felt something snap in my left foot and some minor burning in my right knee. I tried to get up and I couldn’t put any weight on my left foot. My boyfriend and a person driving by stopped and helped me up and back to my car. My boyfriend went in to the service desk to notify the manager of the incident. One employee came out at first, then the manager came out and helped me into a wheel chair. He took me in to the store to sign some papers and told me to call the number at the bottom of the page the next day. The manager also stated he was going to take pictures of my foot, but didn’t. By time I got into the store, it was purple and pretty swollen. I took pictures of my foot at the hospital. I was told at the hospital that I needed to go see a specialist and was to make an appointment on that following Monday. Also I was not to put any weight on my left foot.

I tried calling the number the store Manager told me to call, but to no avail – they were out until Monday morning. I called back on Monday. I was asked for the claim number and store number that was supposed to be on the paper the store manager had given me, but there was no claim # or store #, so I had to call the store to get the store number. I was told they needed my statement for them to investigate, but the lady I spoke to told me that someone else would be contacting me back to take my statement. I asked about what I needed to do about the hospital bill and the specialist I’m suppose to go see. I was told to take from my pocket or my insurance and they would reimburse me when they were done investigating if they sided with me. I have no insurance and the cost of the doctor that the hospital referred me to is too costly for me to pay out of pocket.

What can I do about this?

My foot is still swollen, I can’t bend my big toe, and pain is shooting up the back of my leg. I’m on crutches and have a brace on my shin to the bottom of my foot. Since being on crutches, my hip is hurting and so is my back.

Answer:
I can try to provide you with some helpful information about your fall, but please consult with an attorney in your area to determine whether you have a valid claim.  Your email does not indicate where you live.  I am a Florida personal injury lawyer specializing in serious accidents such as car accident, trip and falls, and work accidents.  Laws vary from state to state so the law in your area may be different that in Florida.

What happened to you is a fairly common occurrence – tripping over uneven, sunken or broken pavement in a paved parking lot.  I currently represent several people that have similar claims, either in a parking lot or on a sidewalk.  Keep in mind that in Florida, a person or company is not automatically responsible for your injuries and medical bills just because you tripped and fell on on their property.  A property owner in Florida owes two duties to persons legally on the property – 1. to maintain the property in a reasonably safe condition, and 2. to warn people of dangerous conditions that are not obvious or apparent.

Wal Mart, or the person or entity that owns and/or maintains the parking lot may be responsible to you for your injuries and medical bills if the condition that caused you to fall was one that they knew about, or existed for a long enough period of time that they should have known about it. Uneven, sunken or cracked pavement is a condition that usually occurs over time, either due to erosion, tree roots growing nearby, or just wear and tear, so it is more than likely that Wal Mart knew or should have known about this dangerous condition.

The best advice I can give you is to speak with an attorney specializing in trip and fall injury accidents in your area to see whether you should pursue a claim.  An experienced trip and fall lawyer is going to know the laws in your area and how best to proceed.  Most slip and fall lawyers handle cases on a contingent basis which means if the lawyer does not recover any money for your claim, there is no charge for costs or attorney’s fees.  Most Florida personal injury lawyers will also offer a free, no-obligation consultation, so you have nothing to lose by meeting to discuss your claim.

Walmart’s reaction to your claim is not unusual.  Keep in mind that Walmart has hundreds of very large stores in which thousands of shoppers go in and out of every day.  Walmart’s employees deal with accidents like your every day.  Walmart has a very detailed and specific employee handbook on how to deal with claims like yours.  It is a pretty routine procedure for their employees. However, you should speak with an accident injury lawyer before you give a statement to Wal Mart.

Most attorneys that do these type of accident injury cases have handled cases against Wal Mart before.  Experienced accident injury lawyers know that Wal Mart claims are handled out of Bentonville, AK by inhouse adjusters.  As I mentioned above, Wal Mart has a very lengthy employee handbook for how their employees are to handle incidents such as yours.  If you want to contact Wal Mart yourself, you need to call them in Arkansas and find the claim #, and the name of the adjustor assigned to handling the case. BUT – if you’re considering getting an attorney, I would do it before you speak to Wal Mart.

For more information, call Florida personal injury lawyer Joseph M. Maus at 1-866-556-5529, visit his website at mauslawfirm.com or email him today.

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Walt Disney World, Florida Slip and Fall Question – Expert Advice

February 18, 2010

The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Disney World, Florida Slip and Fall Question

Question: While visiting Disney World in December 09, I was in the restroom in the lobby at one of the resorts, and while exiting the restroom I slipped and fell on the wet floor (no signs were posted). I was taken to the Celebration Hospital via ambulance. I was diagnosed with a concusion and was required to stay in the hospital for two days.

What is Disney responsible for – medical bills, pain and suffering? Do I have a case?

Answer: The best advice I can give you is to speak with an experienced Florida slip and fall injury lawyer about your claim.  Believe it or not, there are attorneys in the central Florida area that specialize in accidents that occur at Walt Disney World.  And many of the claims involve slip and fall accidents.  As you could imagine, with as many people that go through WDW and its resorts on a daily basis, there are a lot of accidents that occur.

Keep in mind that WDW is not responsible for every slip and fall that occurs at one of its resort hotels.  In Florida, a hotel owner/operator owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.  You need to be able to prove that WDW knew, or should have known, about the wet floor.  There are different ways to go about doing that, but it is best to consult with an experienced Florida slip and fall injury attorney to discuss the facts of your claim.

If you can prove WDW is liable for the claim, Florida law allows you to recover money damages for your injury(s) and resulting damages such as medical bills, lost wages, and damages that you may lose in the future due to your injury.  You can also recover money damages for your pain and suffering, both past and future.

You should consult with an experienced Florida slip and fall lawyer that has handled claims against WDW.  It is best to find an accident injury lawyer in central Florida that can investigate your claim. You should speak to a lawyer soon.  The lawyer will advise you how best to pursue your claim.  You will also want the lawyer to put WDW on notice of the claim, preserve any evidence such as surveillance video or witness statements, and help coordinate your medical care.

For more information about your rights in a case of a Disney World, Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at mauslawfirm.com or email him today.

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Florida Lawyer Answers Auto Accident Question

December 30, 2009

The following is an expert answer given by Florida Auto Accident Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question: I had two friends who were in an accident. Their car was stopped in traffic when a vehicle rear ended it at 50-60mph sending it into another car. The car was completely totaled. Emergency personnel on scene said there was enough damage from the impact that the airbags should have deployed, but they did not. Is there anything that can be done about that?  Also, the name on the title was in the female’s mother’s name, but it is her car that she drives on a daily basis. Her boyfriend was the one driving at the time of the accident.  Does it make a difference with who was driving vs.who is on the title as far as the insurance company for the at-fault driver is concerned? They would be paying for the medical bills and for the car that is now totaled.

Answer:
It depends on where your friend’s accident occurred.  I am a Florida auto accident lawyer specializing in car accidents, slip and falls, and work accidents.  Your email doesn’t indicate what state the accident happened in.  Laws vary from state to state, so make sure you speak with an accident attorney in your state.

If the car accident occurred in Florida, it does not matter if the owner of the car was not driving it at the time of the accident.  Florida recognizes the "Dangerous Instrumentality Doctrine" which imposes liability on the owner of a car involved in an accident, just as if they had been driving the car themselves when the accident occurred.  The one requirement for liability under the Dangerous Instrumentality Doctrine is that the driver of the car at the time of the accident must have had permission to drive the car when the accident occurred.  If the driver had permission, then the owner is responsible for whatever damages were caused by the boyfriend driver.

In Florida, the Dangerous Instrumentality Doctrine has been held to even apply in accidents where a car is not involved.  It has been used in accidents involving boats, planes, motorcycles, tractors, and rental car companies, although rental car companies how have statutory protections as to how much, and under what circumstances, a person can recover.

Regarding the air bag, it is fairly common that air bags do not deploy even though they should have.  If your friends suffered injuries in the accident that could have been prevented by the air bags, they may have a product liability claim against the manufacturer of the car.  If they want to pursue such a claim, it is critical that they make sure the car is not destroyed, or altered until their accident injury lawyer can investigate the accident, and why the air bags did not deploy.

My advice for your friends is to speak with an experienced accident injury attorney as soon as possible.  It is important for them to preserve any evidence which is available, such as the vehicle, and an attorney will be able to help identify the evidence that is most critical.  Once the evidence has been destroyed, it can make it very difficult, if not impossible, to bring a claim.

 

For more information if you have been involved in an auto accident in Florida, contact Florida auto accident lawyer Joseph M. Maus, P.A.at 1-866-556-5529 or email him today.

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Florida Slip and Fall Cases at Wal Mart – Expert Advice

December 12, 2009

The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question:
My elderly mother fell in WalMart nearly 3 years ago and the case is still in litigation. The store was being remodeled and where they had moved a shelf to prepare to replace the floor, a small piece of tile was missing. Her foot struck this indention and she went down, breaking her shoulder and causing massive damage to the point that my sister and myself had to dress her, wash her her hair and numerous other tasks she needed 2 hands to accomplish. She lost so much of the use of her arm that she is severely limited. Of course now, 3 years later, she has also had a stroke and is paralyzed on that same side. Will WalMart attorneys likely downplay her injuries to the jury and make it seem like her stroke was the real problem? Just curious as to what to expect once we get into court. We have mediation in a couple of weeks so I’m hoping that things get settled before we get to court. Thanks for your time.

Answer:
Your email does not indicate what state you are from.  I am a Florida accident lawyer specializing in car accident, Florida slip and fall cases and workers compensation claims.  Laws vary from state to state, so you should speak with your mother’s attorney to get accurate advice.

Your attorney should be sitting down with you in the next week or so to let you know what to expect at mediation, and if the case does not settle at mediation, what to expect at trial.  The large majority of cases that go to mediation settle, so I would say that your mother’s case has a decent shot at settling.  However, I know very little about her case, so you are best to speak with your attorney about the chances of settling prior to trial.  He may have already spoken to Wal Mart’s attorneys and has an idea whether the case may settle at mediation.

Wal Mart’s attorneys, and all insurance defense attorneys, will use any potential defense available to them.  If Wal Mart’s attorney thinks that he/she can convince a jury that some or all of your mother’s problems are due to the stroke, versus the fall, you can bet that the attorney will try to do that.

Your attorney should be able to distinguish between the two events by using testimony from family and friends about the effect the fall had on your mother, even prior to the stroke.  Your attorney will also use your mother’s medical records after the fall to show how much of an effect the shoulder injury had on her activities of daily living – work, taking care of herself, spouse or family, leisure activities such as exercise or sports, volunteer work she may have done.  Your attorney will try to paint a picture of an active, healthy lifestyle before the fall, with the fall causing a substantial decrease in your mother’s activities after the fall, but before the stroke.

One question that I have is whether any of your mother’s doctors would testify that the decrease in your mother’s activities due to the fall is what caused the stroke?  Or possibly the stroke was caused by medication that your mother began taking after the fall due to her injury?  These are issues I am sure your attorney is exploring.

In Florida slip and fall cases, as in most personal injury cases, mediation is the best opportunity to settle the case prior to trial.  You should contact your mother’s accident injury lawyer and set up a time to sit down with the attorney to discuss mediation.  You should discuss the amount of money the attorney is going to ask for at mediation, whether there have been any offers from Wal Mart so far, the risks of going to trial, and the strengths and weaknesses of your mother’s case.

For more information about your rights in a case of a Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at mauslawfirm.com or email him today.

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Florida Slip and Fall Cases – Atlantic City Casino – Expert Advice

September 25, 2009

The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Slip and Fall at an Atlantic City Casino

Question: 10 days ago, I was staying at the Borgota Casino in AC. After
coming back inside from checking the weather (it was very nasty and rainy
out), I tripped and fell onto my left knee in the entrance way. Because of
the weather and foot traffic from the revolving door, the floor was wet, but
there weren’t any "CAUTION WET FLOOR" signs.
I assumed that I just bumped it and it was swollen so I didn’t take any
further action to report it. I don’t have health insurance so I didn’t want
to have to pay an enormous fee at the hospital to get it checked out.

It’s been 10 days, and I can’t even bend my knee now. The swelling hasn’t
gone down, and I feel there may be some fluid in my knee cap. Like I said, I
have been laid off from my job, and don’t have health insurance and can’t
afford to see a doctor. How do you suggest I go about contacting the Borgota
and letting them know of my injury? Is it too late?

Thanks for your help.

Answer: It is not too late, but it’s getting close.  My advice to you
is to contact an accident lawyer in New Jersey and discuss the claim with
him/her asap.  The answer to your question depends on the law in New Jersey
for slip and fall accidents, and how bad your injuries are.  I am a Florida
accident lawyer specializing in auto accidents, Florida slip and fall cases, and workers
compensation claims.  Laws vary from state to state so the law in a Florida
slip and fall
claim may be different than one in New Jersey.

The best advice I can give you is to speak with a accident lawyer in New
Jersey that specializes in premises liability claims, i.e. slip and falls.
He can advise you what the law is in New Jersey for slip and fall accidents
such as yours.

Generally, a landowner such as a hotel owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may
not be able to appreciate themselves.  Water on the floor is a pretty common
example of the hotel not maintaining the property in a reasonably safe
condition.  The fact that it occurred near the revolving door, with poor
weather outside, indicates the hotel either knew of the slippery floor, or
definitely should have known about it.  If you can establish liability against the hotel, you should be entitled to compensation for your injury,
pain and suffering, lost wages, and whatever benefits New Jersey law allows.

I have found in Florida slip and fall cases, many people will wait to see if the injury disappears over time, but often
times it does not.  You have not waited too long, but you should move
quickly to have a accident attorney evaluate your claim, and to seek medical
care.  Your attorney can advise you of ways to seek medical care even if you
don’t have health insurance.

You should contact an attorney soon.  There are many steps your attorney
should take now, i.e. notify the insurance company for the casino, find out
what types of coverage are available, obtain photographs, etc, that should
all be done now.  The Borgota is a large hotel/casino.  There are most
likely other cases like yours which have occurred there.  If you contact an
experienced accident lawyer, he/she has most likely handled a claim against
the Borgota and can tell you whether an incident like yours is a common
occurrence there.

Most accident attorneys specializing in premises liability claims handle the
claims on a contingent basis,i.e. their attorneys fee is a percentage of any
money they recover for you, and offer a free, no-obligation consultation to
discuss whether you have a viable case.  So, you have nothing to lose by
meeting with an accident lawyer to discuss the claim.  If it has been 10
days and your knee is still swollen, you are probably going to find an
accident attorney interested in pursuing your claim.

For more information about your rights in a case of a Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at mauslawfirm.com, or email him today.

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Florida Slip and Fall Cases – Disney World – Expert Advice

September 23, 2009

The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Disney World – Florida Slip and Fall Case

Question: The first day of our Disneyworld vacation it was a little rainy
out and while walking down the stairs at the resort, I slipped and fell down
a flight. There are no step grips or signs stating caution or anything.  I did
notify the manager and received ice packs for my bruises.  My leg was pretty
bruised up and my back was a little sore.  Needless to say it ruined half of
our vacation time. Is there anything I should or could do?

Answer: In a Florida slip and fall you have the right to make a claim for
injuries, medical bills, pain and suffering, and lost wages when you are
injured as a result of another party’s negligence. Your injuries may heal
on their own in the next few weeks, or they may not.  So it is important to
take a few steps now that will protect your rights in the future.

The best advice I can give you is to speak with an attorney that specializes

in premises liability claims, i.e. slip and fall.  Your email does not say
where you live but you will most likely want to speak with a slip and fall
lawyer in Florida.  Because your accident occurred in Florida, it will be
controlled by Florida law, and any lawsuit that may need to be filed will
need to be filed in Florida.  Laws vary from state to state, so it is best
to speak with a slip and fall lawyer in Florida.

Depending on what resort your accident occurred at, there are slip and fall
lawyers in the Orlando area that specialize in claims against Disney World.
Between the different amusement parks, hotels and activities going on at DW,
there are thousands of claims that occur there every year.  Your email
doesn’t indicate whether it was a Disney resort, or just a resort in the
Disney area.  You may be surprised to learn that you are not the first one
to slip in this area at this resort.  Either way, you have a claim, and you
should look into it.

Your email also doesn’t indicate whether you are still at the resort.  If
you are, you should take several photos of the area where you fell, closeups
and photos from a distance to give perspective on where the accident
occurred, and why the area was wet.  You also want to make sure the manager
fills out an incident report, and you get a copy of the report, too.

Keep in mind, at least in a Florida slip and fall, just because a person falls on a
property, it does not automatically mean the property owner or manager is
responsible for injuries which result from the fall.  You have to be able to
prove that the property owner knew or should have known of the dangerous

condition that caused the fall, i.e. that the area you fell at gets wet
often, or becomes slippery when wet, or that they failed to maintain this
area in a reasonably safe condition.  Generally, a property owner only owes
two duties to persons lawfully on the property – maintain the property in a
reasonably safe condition, and to warn persons on the property of dangerous

conditions that the person may not be able to appreciate themselves.  This
means that if this is an area that regularly gets wet when it rains, the
resort should have taken steps to make sure that it protects its guests
against the slippery area, or at a minimum, warns guests about the slippery
area.

There is probably Medical Payments Insurance coverage available to you.
"Medpay" is coverage that will reimburse people that get injured on the
property for out of pocket medical expenses.  You need to get a copy of the
property manager’s insurance policy to see whether they have medpay, and if
so, what are the medpay policy limits.  You can obtain this by contacting
the resort, or if you retain a Florida slip and fall lawyer, they will know
how to get the information.

Claims in the case of a Florida slip and fall are evaluated based upon the degree of liability that
exists against the resort, the specific nature of the injuries, the amount
and type of medical care and bills that you have had, and that you may
continue to require in the future, and the amount of pain and suffering you
have experienced in the past, and future.  Lost wages and loss of future

earning capacity can also be recovered in Florida.  Additionally, the effect
the injuries had on your vacation, and on your family, can be factored into
a settlement demand or jury verdict.

You should contact a Florida premises liability attorney soon.  There are
many steps your attorney should take now, i.e. notify the resort and the
insurance company for the resort, find out what types of insurance coverage
is available, make sure photos have been taken of the area.  There are also
statutes of limitations which may apply and preclude you from bringing a
claim if you wait too long.
You also want to make sure that you seek medical care to document your
injuries now, and how they occurred, rather than wait to see if the injuries
go away.  Delays in seeking medical care can hurt your chances of a recovery
when you try to settle the claim

Most attorneys specializing in premises liability claims handle the claims
on a contingent basis,i.e. the attorneys fee is a percentage of any money
they recover for you, and offer a free, no-obligation consultation to

discuss whether you have a viable case.  So you really have nothing to lose
by at least speaking to a Florida slip and fall lawyer to find out whether
you can pursue a claim.

For more information about your rights in a case of a Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at mauslawfirm.com or email him today.

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Florida Slip and Fall Cases – Broken Foot – Expert Advice

September 13, 2009

The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question: I had a slip & fall which caused a broken foot.   Surgery was done & 10 weeks of physical therapy. What is the usual payout on this type of lawsuit?

Answer: The value of your claim depends on many, many factors, and it would be difficult for me to even guess what your claim might be worth. The short answer is – there is no "usual payout" on an injury claim.  The reason is each claim is different factually, and different in the way it affects people.

For starters, your email does not indicate in what state you live.  I am a personal injury lawyer in Florida specializing in car accident claims, slip and fall claims, and workers compensation claims.  If your claim occurred in Florida, my suggestion is to give me a call toll-free at (866) 556-5529 to discuss your claim in detail.  Laws vary from state to state, so the law for Florida slip and fall cases may be quite different than the laws where you live.

You most likely have a claim for payment of your medical bills, and a claim for your injury and pain and suffering.  Claims in Florida slip and fall cases are evaluated based upon the degree of liability that exists against the property manager, the specific nature of the injury, the amount and type of medical care and bills that you have had, and that you may continue to require in the future, and the amount of pain and suffering you have experienced in the past, and future.  Lost wages and loss of future earning capacity can also be recovered in Florida.

Keep in mind, at least in Florida slip and fall cases, just because a person falls on a property, it does not automatically mean the property owner or manager is responsible for injuries which result from the fall.  You have to be able to prove that the property owner knew or should have known of the dangerous condition that caused the fall.  Generally, a property owner or property manager only owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.  Your email does not give any details about how or where the accident occurred, so it is difficult to know whether you can make a claim.

The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. trip and fall.  The attorney can advise you what the law is in your area for trip and fall accidents such as yours. Many attorneys say they do "personal injury" claims, but after asking around, you’ll find they take anything that walks in the door.  Ask how many claims like yours they have handled.  Ask them if they have tried any cases like yours.

You should contact an attorney soon.  There are many steps your attorney should take now, i.e. notify the insurance company for the property owner, find out what types of coverage are available, including whether any medical payments coverage exists.  If the accident occurred at a big box store, or large development, you’ll want to check to see whether there have been claims similar to yours that occurred at the location.  There are also statutes of limitations which may apply and preclude you from bringing a claim if you wait too long.

Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. the attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case. You have nothing to lose to at least speak to an accident injury lawyer to see whether you have a claim, and also get a better idea of the value of your claim.

If you are in Florida, I would be interested in speaking to you further about your claim.

For more information about Florida slip and fall cases, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at mauslawfirm.com or email him today.

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