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Personal injury law covers a broad spectrum of issues when one has been physically or emotionally injured, and/or personal property has been damaged. In legal circles, personal injury law is also known as "tort" law, the French word for "wrong." Personal injury or "tort" law is the body of law that allows one to be compensated in the event that someone's carelessness, recklessness or intentional misconduct injures or damages you or your personal belongings. Automobile accidents are classic examples of the types events covered by tort law. If someone hits the back of your car while you are stopped at a red light, that person commits a tort, and is referred to as the "tortfeasor" (French for "wrongdoer"). In America that person is generally referred to as the "defendant" once a lawsuit is filed, and the person harmed is called a "plaintiff" or "claimant." State law usually governs personal injury lawsuits, but federal law may apply in certain circumstances. For example, an injury suffered on federal property may be covered by the Federal Tort Claims Act, or liability for injuries suffered in an airplane crash may be governed by international treaties. A claim for personal injury must be accompanied by an injury that can be compensated. In other words, one must prove an injury in order to seek monetary damages. For example, if you were to slip and fall due to someone else's fault or negligence, you could not recover damages if you were not injured in some way.

The law of personal injury is concerned with determining who may be responsible (who is "liable," or has "liability") for causing injury and how much the responsible party should be required to pay for any damages resulting from the injury. Personal injury law can be classified in the following three broad categories, or degrees of fault: negligence, intentional torts and strict liability torts. Each category is comprised of different types of legal wrongs (or "causes of action"), and indicates a different "standard of care" that may apply to a given incident.

In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If you or a loved one is a victim of personal injuries, call The Law Office of Keith A. Fousek now, at (954) 623-7545. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.  Additionally, DO NOT TALK TO THE INSURANCE COMPANY without an attorney.  They are not your friend.  They do not like or want to pay a claim.  Additionally, since the change in the No Fault Law, you as an injured person, must see a doctor or go to the hospital within 14 days to be able to make a claim for your PIP insurance benefits.  If you fail to do this, you will lose the $10,000.00 coverage for personal injury protection (PIP).

Florida Accident Law Overview

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Every year millions of people are injured in motor vehicle accidents – many very seriously. In fact, according to the National Highway Traffic Safety Administration, every 10 seconds someone in the United States is involved in a car accident. In 2000, there were an estimated 6,279,000 police reported traffic crashes, in which 41,611 people were killed and 3,236,000 people were injured. Other startling facts are as follows:

Motor vehicle crashes are the leading cause of injury death in the United States for people ages 1-34.

Motor vehicle crashes took the lives of 5,606 teenagers and 2,027 children in 1999. Older adults, as a group, are also at higher risk of dying from motor vehicle crashes.

In the United States, 5,220 pedestrians died from traffic-related injuries and another 69,000 pedestrians sustained non-fatal injuries in 1999.

In 1999, 38% of traffic fatalities were alcohol related; either the driver or an affected person (e.g., a pedestrian or a bicyclist) had a blood alcohol concentration of at least 0.10 gram per deciliter (g/dl).

At The Law Office of Keith A. Fousek, we use our experience in handling accident cases to investigate every possible contributing cause of an accident to ensure that you will receive full compensation for your injuries. Evaluating all of the facts involved in the cause of a motor vehicle accident requires skill and experience. Our office will take over the investigation of your case so that you can concentrate on recovering from your injuries. We can assist you in finding an appropriate medical specialist to treat you, and we can make arrangements with your medical care providers to wait for payment until your case is resolved through settlement or trial.

Automobile accidents are generally decided using the law of negligence. A person who negligently operates a vehicle may be required to pay any damages caused by their negligence, either to person or property. Generally, people who operate automobiles must exercise "reasonable care under the circumstances." Failure to use reasonable care is the basis in most lawsuits for damages caused by an automobile accident.

Courts look to a number of factors in determining whether a driver was negligent. Some examples of these factors include, but are not limited to, the following:

Driving too fast or too slow

Driving under the influence of drugs or alcohol

Failing to signal while turning

Disregarding weather or traffic conditions

Disobeying traffic signs or signals

Failing to drive on the right side of the road

A driver may also be liable for an accident caused by intentional or reckless conduct. A driver who is reckless is one who drives unsafely, with willful and wanton disregard for the probability that the driving may cause an accident. In certain cases, accidents are caused by factors unrelated to the conduct of any particular driver. For example, under the law of product liability, an automobile manufacturer or supplier may be responsible for injuries caused by a defect in the automobile, or a component of the automobile, as in the Firestone tire litigation. A products liability suit is a lawsuit brought against the seller of a product for selling a defective product that caused physical injury to a consumer or user. If a manufacturer of a product creates a defective product either in developing, designing or labeling the product the manufacturer is liable for any injures the product causes, regardless of whether or not the manufacturer was negligent.

In another example, if a mechanic fails to properly repair a vehicle, and the failure causes an accident, the person who improperly repaired the automobile, and his repair shop, may be liable for injuries sustained. Other factors such as poorly maintained roads and malfunctioning traffic control signals can contribute to the cause. Improper design, maintenance, construction, signage, lighting or other highway defect, as well as improper striping on the road's passing lanes, a sharp obstruction or problem with the roadway that obstructs drivers' vision, or poorly placed trees and utility poles can also cause serious accidents. Finally, if an accident is caused by an intoxicated driver, a bar or social host may be liable for damages sustained if they served an obviously intoxicated guest, who then drives and causes an accident. See Drunk Drivers.

In all automobile accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident, call The Law Office of Keith A. Fousek, now at (954) 623-7545. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

Slip and Fall

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"Slip and fall" is a term for personal injury cases which arise when injury is caused when a person slips and falls as a result of a dangerous or hazardous condition on someone else's property. Inside a building, dangerous conditions such as torn carpeting, abrupt changes in flooring, poor lighting, narrow stairs, or a wet floor can cause you to slip and hurt yourself. Outside a building, you may slip and fall because of rain, ice, snow or a hidden hazard, such as a gap or hard to see pothole in the ground. Slip and fall accidents can occur on commercial, residential or public property. Regardless of where they happen, all property or building owners have a certain level of responsibility (duty of care) to make sure an environment is safe.

Slip and fall accidents are the most common type of "premises liability" cases, which center on the question of a property owner's duty to care for the property. Injury by fire or other accidents resulting from defects in the conditions of buildings also fall under this category.

Slip and fall cases are governed under negligence law. To win a premises liability claim, an injured victim has to prove either that the defendant created the hazard that led to the accident or that the defendant knew or should have known about the danger and had it removed or repaired. This can often be difficult to prove, since proving when a given hazard first appeared can be challenging.

Example: If you slip and fall on a banana in a grocery store, absent some evidence of when the banana first fell onto the floor, it may be difficult to prove that the store "knew or should have known" about the dangerous condition. If the banana fell onto the floor ten seconds before you arrived, then the store most likely could not have known about it. Since Plaintiff’s have the burden of proof, proving when the hazard first appeared and that the store should have known about the hazard presents problems in certain cases.

Structural damages to a building, often due to age or wear and tear, can be a significant cause of injury. Uneven steps, parking lot potholes, cracked sidewalks, broken tiles, or torn carpeting can create dangerous situations for visitors to a building. As noted earlier, to prove negligence, we will have to prove that the property owner knew or should have known about the problem and failed to repair it.

Occasionally, negligence can be proven by violation of a statute. Building owners must ensure that the building's structure is in compliance with applicable building codes. For example, handrails and other similar structures typically must be installed at a certain general height. If you fall on a stairway that lacked appropriate handrails, and the lack thereof caused your injuries, you may have a valid claim against the building owner for violating building codes.

Weather-related slip and fall accidents are difficult cases for injured plaintiffs. Landowners are generally expected to take reasonable steps to reduce hazards created by adverse weather. This can include, but is not limited to, shoveling snow, salting or sanding icy and slippery spots, and installing ant-slip devices on outdoor steps. As with other cases, if the landowner has no reasonable opportunity to correct the problem, as where a flash flood has created a hazard, the landowner will not held liable for injuries caused by the hazard.

In slip and fall cases, as with all other negligence claims, comparative negligence applies. As a guest on someone else’s property, you are expected to exercise reasonable judgment and caution.

Example: You fall while walking down the stairs at a hotel, sustaining serious injuries. A jury finds that the property owner had been warned about the trouble spot weeks ago and failed to correct it, however, the jury also finds that you were reading the newspaper while you walked down the stairs and your inattention contributed to causing the accident. If the jury finds you 50 percent at fault and the defendant 50 percent at fault, the defendant would have to pay you only one half of the total damages found to be incurred by you.

If you or a loved one has been injured in a slip and fall accident, call The Law Office of Keith A. Fousek, now at (954) 623-7545. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.