Important
Frequently Asked Questions

Tort law is broken into three categories:

• Intentional tort – the Defendant knew or should have known, that the injury could occur as a result of his/her actions or inactions.
• Negligent tort – Defendant was unaware that an injury could occur as a result of his/her actions, and at the same time, Defendant was not acting in a safe manner.
• Strict liability tort – a specific action caused the damages rather than the lack of care on the defendant’s part.

The most common Personal Injury cases are car accidents; however, dog bites and slip and falls are a close second. Other personal injuries include sexual abuse, wrongful death, denial of civil rights, construction accidents, motorcycle accidents, medical malpractice, professional malpractice, product liability, slander, and property damage. When you have received an injury to yourself or your property, contact a personal injury attorney.

A deposition is a statement given under oath before a Court Reporter. This is usually done in a lawyer’s office where the witness answers questions given by the Florida personal injury lawyers representing both parties to the case. The reporter makes a written transcript of everything said at the deposition and the witness signs the transcript swearing it is an accurate rendition of the evidence he /she gave.

If you have been injured, you will likely have medical bills from physicians, hospitals, physical therapists, and other health care providers. Those bills will be in your name and will usually be sent to your address. You are primarily responsible for paying your bills, regardless of the cause of your injuries. The at-fault person’s liability insurance carrier is responsible for paying you reasonable compensation for damages incurred, which includes medical bills.

A claim for injuries, sustained in a car accident, is usually based upon carelessness or negligence. In worst-case scenarios, it is based on an intentional or reckless act.

The two categories of issues that typically arise in a tort claim after an automobile accident are the following:

• Liability – who is at fault and to what degree
• Damages – injuries or losses that were caused by the accident

Typically, it is the duty of an owner to exercise reasonable care in the maintenance of the premises and to warn a visitor of any dangerous conditions that are known. For example, if an owner, or his employees, know that there has been a spill within their establishment, then they must act reasonably to clean up the spill and prevent visitors from walking through the spill.

It is the responsibility of your experienced injury attorney to gather the relevant facts and to know the applicable legal principles in order to determine if the owner can be held liable for the injuries caused by a fall. Frequently, it is a difficult process because most of the evidence and testimony must come from the owner and his employees.

How do personal injury cases work in a no-fault state like Florida? Because Florida requires drivers to carry PIP insurance that pays out regardless of who was responsible for the accident, Florida is considered a “no-fault” state. However, PIP doesn’t cover pain and suffering or the entirety of your lost income. In serious injury cases and cases arising from accidents other than those involving motor vehicles, you have the right to pursue this additional compensation from the at-fault party.

Your mandatory personal injury protection (PIP) insurance should cover most of your initial costs in a car accident. Depending on the circumstances of the accident that injured you, health insurance and workers’ compensation coverage can also help. If you can’t afford your medical bills or you can’t afford to seek medical treatment, talk to our lawyers about your legal options for seeking medical treatment.

Some cases are resolved in weeks or months, while others take years. If you accept a settlement too early in the process, the case will take less time, but you may receive less than the total amount you are entitled to. For a better chance of obtaining full compensation, it’s better to give your attorney time to negotiate and take the case to trial if necessary.

This is one of the most common personal injury questions. It’s impossible to say how much your personal injury case is worth without knowing all the details. However, you are entitled to pursue compensation for your medical expenses, lost income, pain and suffering, and other expenses and losses resulting from the injury. For an analysis of how much your case may be worth, consult a personal injury attorney at our firm.

You should look for a lawyer with extensive experience in personal injury cases and a track record of succeeding at trial – like those at Rosen & Ohr, P.A. Insurance companies pay attention to lawyers who are willing to go to trial, which can make a real difference in negotiations.

Our personal injury lawyers work on contingency. That means we don’t charge attorney fees or costs unless we collect compensation for your injuries. When you receive a settlement or jury award, your lawyer will retain a percentage as compensation.

Florida’s statute of limitations gives you two years to file a personal injury lawsuit for any accident that occurred after March 24, 2023. Specific circumstances may extend or shorten the deadline. Our Florida personal injury lawyers are ready to review your case to determine the applicable deadline and ensure you file your paperwork promptly.

Many people who have suffered injuries in Florida accidents are unsure of the scope of their legal rights. If you’ve been injured in Florida, you have the right to file an insurance claim alleging negligence and to pursue fair compensation for your losses. If the at-fault party won’t offer a fair settlement, you can file a lawsuit. Under Florida’s comparative negligence statute, you can successfully obtain a recovery if you are found to be less than 51 percent responsible for the accident.