- Personal Injury
- Car Accidents
- Pedestrian and Bicycle Accidents
- Medical Malpractice
- Wrongful Death
- Product Liability
- Liability and Compensation
If you were injured in an auto accident, a slip and fall, or in some other way in the surrounding counties of the South Florida Area, you may be entitled to recover money for your case. All personal injury cases are handled on a contingency fee basis that means you do not pay me until the case settles.
Our law firm may assist in filing your personal injury lawsuit against the at-fault driver. A lawsuit may give you the opportunity for compensation in addition to the benefits provided under your PIP policy; however, you must have suffered permanent injuries tin order to be eligible to file a claim. For instance, serious and permanent injuries include the following:
- Broken bones
- Back, neck and spinal cord injuries
- Permanent scarring
- Brain Injuries
The insurance company may attempt to classify your injuries as non-serious or purely temporary injuries. Our law firm can gather evidence to provide that your injuries are serious enough to qualify you for additional compensation through a lawsuit. – Back to top
Protect your Rights – Your Right to Sue!
Florida Car Accident Lawsuits
Serious Injuries: Auto accidents can cause death or cause serious and life-threatening injuries as included below:
- Spinal cord injuries
- Traumatic brain injuries (TBI)
- Back injuries
- Permanent Scarring & Disfigurement
- Paralysis and AmputationsRegarding the Accident-Negligence: The proposition on which most car accident suits are based is that the one driver, or another party, was negligent. In Florida, to successfully recover compensation under this theory, the elements your attorney must prove the following:
- The other party had some duty of care or responsibility to you;
- That party breached this duty through some act or omission;
- You sustained an injury; and
- The injury was a direct cause of the party’s breach.Negligence may refer to the following under Florida law:
- Reckless driving (failure to yield, road rage, tailgating, speeding, failure to signal turns, weaving, improper lookout);
- Driving under the influence of drugs or alcohol;
- Careless driving (running a red light, speeding, cell phone use while driving);
- Letting an unfit individual to operate a vehicle (under the influence, unlicensed minor, historically reckless driver, senior citizen). – Back to top
HOW WE MAKE SURE YOU GET JUST COMPENSATION FOR YOUR CASE:
- We thoroughly investigate all the facts, including the accident scene and body shop. Our Investigators will take photographs of the scene and we will examine all evidence.
- We analyze all reports and witness statements.
- We represent you if you have been cited for the auto accident.
- We will investigate all lines and sources of insurance such as bodily insurance, uninsured motorist and any umbrella policies to ensure you get the maximum recovery possible. We will also make a claim on all available insurance policies.
- We will help you with your personal injury protection coverage and property damage claim.
- We will help you with obtaining the best medical treatment.
- We will hire experts in your case such as an accident reconstructionist, doctors, and economists to help ensure you get the maximum recovery possible.
- We will take depositions of relevant witnesses
- We will negotiate with the insurance company and their adjusters on your behalf.
- We will file suit and take your case to trial.
Our firm will provide the individualized attention to your case that ‘large volume’ law firms cannot that will take your case and under settle your case as quickly as they can. We recognize that being in any type of accident or losing a family member due to the fault of another can be a horrible experience. If you or a relative have been injured, please contact our office so that we can give you the attention your case deserves. Call our office at 954-462-5790. – Back to top
Causes of South Florida Auto Accidents
- The Law Offices of Adam Franzen, LLC handle car accident claims arising from:
- Distractions: (applying makeup, texting, rubbernecking, eating, and improperly paying proper attention to road conditions)
- Driver Fatigue
- Driving Impaired (driving under the influence of narcotics, prescription drugs, or alcohol)
- Recklessness (tailgating, speeding, unsafely switching lanes, failing to yield, street racing, failing to signal, driving in the wrong direction, and road rage)
- Defective car parts (faulty tires, brakes, steering, suspension and safety equipment)
- Vehicles Unmaintained (bad brakes Improperly secured materials, broken signal lights, non-working headlights, and broken or unsecured engine equipment)
- Hazardous Road design (traffic flow, poor hazard visibility, unmaintained road surfaces, defective traffic devices improper striping, and an insufficient shoulder)
- Poor Road conditions (road debris, poor maintenance, unfixed potholes, faulty signage, construction
Personal Injury Protection (PIP) – What you need to know
If you do not seek medical treatment within fourteen (14) days of the accident, PIP typically will not cover any of your medical bills. If you have suffered an “emergency medical condition or EMC,” PIP will generally pay 80% of your medical expenses and 60% of lost wages, subject to the limitations of the policy. If you have not suffered an emergency medical conditions are generally capped at $2,500.
An “EMC” is defined as a medical condition that requires immediate medical attention and can reasonably be expected to result in serious jeopardy to the patient’s life. Our law firm can assist you in completing all required paperwork so that you receive the PIP benefits for which you are entitled following your accident. Call our law firm to protect your legal rights at 954-462-5790. – Back to top
Pedestrian and Bicycle Accidents
Pedestrian Accidents: According to Auto Vantage survey, Miami is the #1 City in the U.S. to have the highest likelihood of road rage.
With the being said, walkers and runners are extremely vulnerable on the open road where accidents with automobiles can occur and result in serious and life threatening injuries. Pedestrians involved in car accidents can suffer severe injuries such as fractured bones, lacerations, spinal cord injuries, brain injuries, internal bleeding, and death. Pedestrian legal actions allow victims the opportunity to seek compensation for medical bills, care, lost wages, and pain and suffering.
Bicycle Accidents: In Florida, bicyclists have the same rights and responsibilities as drivers; but, in many cases, drivers may neglect their duty to operate their vehicles with reasonable care, putting the bicyclists at severe risk for serious injury. Bicycle accidents may be caused by motorists who turn into a bicyclist’s path, fail to yield right-of-way to a bicyclist, or try to overtake bicyclists by not allowing the proper spacing between the car and the bicycle.
Many states have created specific protections for bicyclists. In Florida there is a “three foot law,” stating the passing motorists to leave at least three feet between their vehicle and a bicyclist. If a bicyclist is injured due to the negligence of a motorist or individual, they may be able to recover compensation through a bicycle action. Call our law firm to protect your legal rights at 954-462-5790. – Back to top
Helping Medical Malpractice Victims Get Compensation.
Healthcare providers are expected to provide a certain level of care to their patients. When careless behavior fails to meet a standard of care and causes you harm, our firm may be able to help get you the compensation you are owed for your injuries.
Do I Have a Medical Malpractice Claim?
When doctors, nurses, surgeons, or other healthcare workers fail to uphold a standard of care, medical errors can occur that may be grounds for a medical malpractice claim. These errors include:
- Surgical mistakes and post-operative complications,
- Failure to diagnose,
- Ambulance accidents,
- Birth-related injuries,
- Anesthesia errors,
- Lack of resident supervision,
- Incorrect medication or improper dosages,
- And more.
If you have experienced any of these errors, it is important that you take action now. Florida law limits the amount of time you have to file a medical malpractice lawsuit, so let us help protect your legal rights to collect compensation today. – Back to top
The Personal Attention You Deserve
Our Law Firm can assist you to get your life back after medical malpractice. We are here to talk to you and listen to your concerns, and you can count on our legal staff to keep you informed of the progress of your case. Call our law firm to protect your legal rights at 954-462-5790.
Wrongful Death-When someone you love dies unexpectedly, it is often hard to come to terms with the sudden loss. Not only do you experience grief and shock, but you will likely be faced with costly medical and funeral expenses.
Wrongful death refers to any death that is caused by the misconduct or negligence of another person. In Florida, survivors of the deceased may be entitled to receive compensation for the loss of their loved ones. Wrongful death is a civil action, separate from the criminal charges that may be brought for unintentional or intentional acts that caused a direct series of events leading to the injury or death. Causes of wrongful death claims are: car and motorcycle accidents, medical malpractice, product defects and even criminal acts. Pursuant to Florida law, survivors as such: decedent’s, children, parents and other blood relatives that were wholly or partly dependent on the decedent for support have a right or cause of action for wrongful death. When the death of a person is caused by the negligence or wrongful act, breach of contract or warranty of persons. With a wrongful death action, plaintiffs may recover expenses for damages including: Medical and Funeral expenses, Family support, Loss of Income, Emotion suffering, Loss of companionship, Mental anguish, Children’s loss of guidance or supervision.
The action shall prove the actions or omissions by the Defendant were the proximate cause of death. Our firm has the experience to litigate wrongful death actions for your clients and receive a successful result. Statute of limitations for a wrongful death action, is two years from the date the cause of wrongful death is confirmed and it’s critical to file immediately because of this time limitation. Please contact our firm to find out how to proceed with a wrongful death claim. Call our law firm to protect your legal rights at 954-462-5790. – Back to top
Products Liability/Strict Liability under Florida Law: Strict liability is one cause of action in which product liability suits may be initiated. Under this proposition, the injured party must establish a defect in the vehicle exists, and this defect caused their injury. If a defect exists, the manufacturer can be liable for any arising damages, regardless of whether they performed extreme caution in production. Persons who purchase used vehicles and are involved in a car accidents are not eligible to pursue product liability claims in Florida.
Elements of Florida Negligence: As with all negligence cases, the injured party must establish that the manufacturer had a duty to sell a safe product to consumers, this duty was breached as a result of knowledge of the defect, and that the product caused the injury. – Back to top
Liability and Compensation
Who Can I Sue?
An accident victim may be able to sue a third party claim if a party aside from the other driver contributed to the accident. In many cases, individuals may seek damages from an automaker if a flawed or defective vehicle component caused a crash. Furthermore, if the at-fault party was acting under their scope of employment, their employer may be liable for damages as well. Lastly, victims may file suit against a government agency or transportation authority if factors such as a poorly maintained roadway, improper signage, or irresponsible highway construction contribute to a substantial accident.
How Much is My Case Worth?
The law allows victims and their families the opportunity to seek compensation from the entity that caused the accident. Damages may include:
- Lost Wages: If the accident causes the injured party to miss work, they may be compensated for the wages they would have earned had the accident not occurred
- Medical Bills: This can include current and future expenses including hospital costs, rehabilitation, transport, and medication.
- Future Lost Wages:If the accident is so severe that the injured can never return to work, or must miss work for a significant amount of time, they may be entitled to wages they would have earned.
- Loss of Consortium:If the injury negatively alters the relations of a couple, compensation for loss of intimacy or support may be available to the aggrieved party.
- Pain and Suffering:This can include coverage for treatment of depression, anxiety, fear, and other mental injuries causing distress or mental anguish. Additionally, the injured car accident victim may be entitled to compensation for pain and suffering caused by the injury and its treatment.
- Funeral Costs: If a family loses a loved one in an accident, they may be able to recover some of the damages listed above, as well as funeral costs and death-related expenses.
If you or a loved one was in a car accident and sustained a severe injury, you may be entitled to compensation beyond that which is provided by your PIP coverage. To learn more about your legal rights and how firm may be able to help.
Call our law firm to protect your legal rights at 954-462-5790. – Back to top