Florida injury attorney

November 21, 2018

Exploring Third-Party Liability Claims After Florida Workplace Injury

When you are injured on-the-job in Florida – as thousands of workers are – you most likely will be entitled to compensation for medical bills, a portion of lost wages, retraining and perhaps a lump sum disability payout from your workers’ compensation insurer. The good thing about workers’ compensation is that it is part of a no-fault system, meaning you don’t have to prove your employer did anything wrong or that you did not. Instead, one need only prove the injury occurred in the course of and arose from the scope of one’s employment. The trade-off is: It doesn’t cover everything. Fort Lauderdale work injury attorney

The exclusive remedy provision of workers’ compensation law stipulates it’s your only recourse against an employer. If you are left seriously injured or permanently disabled, it’s important to discuss with a South Florida injury attorney whether any third parties were negligent and, if so, whether they could be held liable to pay additional compensation.

Construction workers, who tend to have a higher-than-average rate of injury, often have grounds for third-party liability claims because frequently, there are many different entities involved with various responsibilities pertaining to safety. If your co-worker makes a mistake that results in your injury, you probably won’t have grounds to pursue anything additional there. However, if a property owner, general contractor, subcontractor, tool manufacturer or some other party fails in exercising a duty of care owed to workers on site, you might have a third-party claim. Also, if your employer did NOT have workers’ compensation insurance as required by law, you should be able to pursue an injury lawsuit against them as well. Continue reading

May 25, 2016

Florida Fatal Car Accident Spurs Lawsuit Against Uber, Driver, Deputy

By Ansara Law Personal Injury Attorneys

A 28-year-old Uber passenger in Orlando was killed in December when the driver allegedly ran a red light and struck a deputy, speeding through the intersection.

Now, the family of that victim, Corey Allicock, is suing:

Uber
The Uber Driver
The Deputy

Although investigators did not fault Seminole County Sheriff’s Deputy Scott Sullivan in the crash, witnesses who saw the deputy just before the crash said he was traveling 60 mph on the road. Authorities later revealed he was on his way to an emergency domestic violence call. However, it is undisputed he had not activated his emergency lights and siren. The 73-year-old Uber driver, meanwhile, was cited for running a red light and for causing the young man’s death. He has not driven for Uber since the crash. Continue reading

April 29, 2016

Florida Day Care Injury Prompts Police Report

By Ansara Law Personal Injury Attorneys

Parents spend a lot of time choosing the right day care facility. It takes a lot to trust someone else with the well-being of your young child.

But sometimes despite even a parent’s best efforts, a day care injury results anyway. Determining whether the injury was the result of negligence and whether it’s compensable will involve weighing a number of factors.

Generally, day care facilities have total and complete control over your child’s activities and have a duty to adequately staff, properly hire and fully supervise what goes on. When they fail to do those things and your child is injured as a result, a day care accident lawsuit may be your only remedy to ensure compensation – and justice. Continue reading

November 24, 2015

Roma v. Moreira – Duty of Landlord to Prevent Tenant Injuries

By Ansara Law Personal Injury Attorneys

Disputes between tenants and landlords are fairly common almost anywhere you live. Unfortunately, too many landlords are more concerned about their bottom line than in ensuring their property is habitable and safe for tenants and guests.

There have been cases in which the lack of management can result in injuries. For example, if there are slippery floors, broken stairwells or damaged handrails, this could result in a serious fall. Where doors and windows aren’t equipped with locks or other security features, this could make residents and guests vulnerable to crime.

In these cases, where injury results, the terms of the lease agreement isn’t the only recourse Florida tenants have. Continue reading