It has now become a bit more difficult to be awarded a claim in a slip-and-fall case in the state of Florida. The old law, which expired June 30th of this year, awarded compensation to a plaintiff who merely proved an accident had taken place. Now, a plaintiff must also prove that the defendant was in fact aware of the dangers of an accident happening and failed to act accordingly.
If a business owner has old, rotted stairs and knew that their structural integrity had been compromised, yet failed to do anything about it, the plaintiff then can be awarded compensation as a result of the business owner's negligence. New stairs and a hand rail would have been the appropriate measures to take, and proving he or she failed to do so will likely shine favorably upon the plaintiff's case.
As a result of the new law, it is more difficult for a plaintiff to be awarded compensation which some say tips the scales of justice in favor of the defendant. An abundance of fraudulent cases have unfortunately made it more difficult for those who have had the unfortunate experience of slipping and falling. One can only hope that there is a surveillance camera near by if a slip should occur. If you sustain an injury, it isn't likely you are going to be in the frame of mind to make note of possible negligence in your surroundings. Get to the emergency room, and then consult Florida Personal Injury Attorney Jeffrey Sexton.
With the new law in place be sure to watch your step and hope someone else is watching your step as well.
WELCOME TO THE BLOG OF ORLANDO PERSONAL INJURY ATTORNEY JEFFREY B. SEXTON, PA.
WE BLOG ABOUT RELEVANT ISSUES IN PERSONAL INJURY LAW, DISCUSS THE MISCONCEPTIONS SURROUNDING PERSONAL INJURY LAW, REPORT ON SOME OF THE MOST POPULAR CASES IN THE NEWS, AND PROVIDE READERS WITH HELPFUL PERSONAL INJURY INFORMATION AND RESOURCES.
PLEASE VISIT WWW.SEXTONLAW.COM FOR MORE INFORMATION.
Friday, May 23, 2014
What To Do If You Slip And Fall In Florida
Tuesday, March 4, 2014
What Happens If You Are Partially To Blame For Your Injury?
Okay, so sometimes we as bipeds can be klutzy. Look, when you're standing on two feet you have that much further to fall than our four legged counterparts. Maybe something caught your eye and you forgot to look both ways before crossing the crosswalk not realizing the light said "Don't Walk."
Everything changes if you contributed to your own injuries. Florida has comparative negligence law, which means if you are partially responsible for the incident that caused your injuries, then your potential award at trial is reduced. But don't think because you are partially responsible that you aren't entitled to compensation.
So if you are partially to blame and another person is more than 10 but less than 25 percent at fault, you can only collect up to $200,000. If the other person is between 26 and 50 percent at fault, the most you can collect is $500,000. And if another person is more than 50 percent at fault - but you were also partially at fault - the most you can collect is $1 million.
If you or someone you know has sustained an injury and are uncertain about who's to blame, give us a call. Sometimes we chalk it up to clumsiness and move on not realizing it could very well be a combination of clumsiness and negligence.
Everything changes if you contributed to your own injuries. Florida has comparative negligence law, which means if you are partially responsible for the incident that caused your injuries, then your potential award at trial is reduced. But don't think because you are partially responsible that you aren't entitled to compensation.
So if you are partially to blame and another person is more than 10 but less than 25 percent at fault, you can only collect up to $200,000. If the other person is between 26 and 50 percent at fault, the most you can collect is $500,000. And if another person is more than 50 percent at fault - but you were also partially at fault - the most you can collect is $1 million.
If you or someone you know has sustained an injury and are uncertain about who's to blame, give us a call. Sometimes we chalk it up to clumsiness and move on not realizing it could very well be a combination of clumsiness and negligence.
If you have been injured in an accident, contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at sextonlaw.com to ensure that your rights are protected.
Monday, March 3, 2014
What If More Than One Person Is To Blame For Your Injury?
It isn't always a singular cause or person that is responsible for an injury you may have sustained. For example, if a pet-sitter allows a dog that local officials have already identified as dangerous off a leash, you may have a suit against the pet-sitter and the dog owner. Florida's joint and several liability rules set up a very structured system for dealing with more than one person at fault. Often times in these scenarios, one negligent act led to another.
Any person found to be 10 percent or less at fault will not pay out of pocket for any of your economic losses. Any person found to be more than 10 percent but less than 25 percent at fault will be responsible up to $500,000. Any person between 26 and 50 percent at fault will be responsible for up to $1 million of your damages. And, if a person is found to be more than 50 percent at fault, he or she will owe up to $2 million of your damages.
Another instance may be if you were to trip on a brick that jutted out into the sidewalk from a neighbors yard whose faulty landscapers built, then you are looking at two parties who share responsibility for your injuries. It comes down to cause and effect. In many cases there is more than one cause that has effected you.
If you have been injured, contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at sextonlaw.com to ensure that your rights are protected.
Any person found to be 10 percent or less at fault will not pay out of pocket for any of your economic losses. Any person found to be more than 10 percent but less than 25 percent at fault will be responsible up to $500,000. Any person between 26 and 50 percent at fault will be responsible for up to $1 million of your damages. And, if a person is found to be more than 50 percent at fault, he or she will owe up to $2 million of your damages.
Another instance may be if you were to trip on a brick that jutted out into the sidewalk from a neighbors yard whose faulty landscapers built, then you are looking at two parties who share responsibility for your injuries. It comes down to cause and effect. In many cases there is more than one cause that has effected you.
If you have been injured, contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at sextonlaw.com to ensure that your rights are protected.
Tuesday, February 11, 2014
Medical Errors Are The Third-Leading Cause Of Death In America
In 1999, the Institute of Medicine published the famous "To Err Is Human" report, which dropped a bombshell by reporting that up to 98,000 people a year die because of mistakes by hospital personnel. Astonishingly, those numbers have since more than doubled.
A more recent study published in the Journal of Patient Safety states that the numbers today may be much higher - between 210,000 and 440,000 patients each year who go to the hospital for care suffer some type of preventable harm that contributes to their death. That would make medical errors the third-leading cause of death in America, behind heart disease, which is the first, and cancer, which is second.
Don't let the medical field regard you or your family member as collateral damage. Speak up. Medical Malpractice is on the rise. A health scare is something many of us have had to deal with. However, no one should have to worry that the hospital staff could make matters worse due to negligence.
If you or someone you know has sustained injury, disfigurement, or in the worst of cases, death as a result of medical malpractice, contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at SextonLaw.com to ensure that your rights are protected.
A more recent study published in the Journal of Patient Safety states that the numbers today may be much higher - between 210,000 and 440,000 patients each year who go to the hospital for care suffer some type of preventable harm that contributes to their death. That would make medical errors the third-leading cause of death in America, behind heart disease, which is the first, and cancer, which is second.
Don't let the medical field regard you or your family member as collateral damage. Speak up. Medical Malpractice is on the rise. A health scare is something many of us have had to deal with. However, no one should have to worry that the hospital staff could make matters worse due to negligence.
If you or someone you know has sustained injury, disfigurement, or in the worst of cases, death as a result of medical malpractice, contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at SextonLaw.com to ensure that your rights are protected.
Saturday, February 1, 2014
Who To Call If I Have Been Injured In A Car Accident In Florida
With only bus and taxi service for Central Florida’s means of mass transportation, resident and visitors here spend a great deal of time in their automobiles commuting, shopping and for leisure. Unfortunately, large amounts of time in your car increase the likelihood that you may be involved in an automobile crash. Our office is here to help if you or a loved one has been injured in an automobile accident. Jeffrey B. Sexton has been providing assistance to Central Florida residents and visitors since 1993. Our firm is dedicated to those who have been injured, not the insurance companies who represent the negligent driver. Call or e-mail us today for a free evaluation of your case.
Wednesday, January 22, 2014
Who Do I Call After An Accident With A Large Truck In Orlando?
Truck accidents can be particularly devastating to an individual in a passenger vehicle due to the obvious size and weight difference between the car and truck. Allow us to evaluate your car versus truck accident to determine whether such factors as driver fatigue, mechanical failure or any other factor may have played a role in your crash. Contact our office for assistance.
Wednesday, January 8, 2014
What Do I Do After A Car Accident?
If you have been involved in a car crash that was not your fault, contact our office. Jeff Sexton will personally evaluate the facts surrounding your case and help you navigate your way through the hassles of medical care and expense, lost income and vehicle repair. We will do everything in our power to help you obtain compensation for your injuries and the aggravation and loss of enjoyment of life that often accompanies motor vehicle accidents. Call or e-mail our office today for a free evaluation of your case.
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